HomeMy WebLinkAboutSDI Presence - ERP System ReplacementAGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this A.0 day of flai, 1, 20—L6 , between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: SDI Presence LLC, having a principal place of business at 6829 Fair Oaks
Boulevard, Carmichael CA 95608.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on April 19, 2018 and will continue in effect through
December 31, 2021 unless terminated in accordance with the provisions of Article 7 of this
Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement'sjiall
terminate this Agreement regardless of any other provision stated herein. (.d'j
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific
Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in
Exhibit "C" ( "Milestone Schedule ").
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event
however shall the total compensation paid to CONSULTANT exceed $534,725.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non - renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the ' contract work, CONSULTANT must purchase so called
"extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT'S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf,
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement- by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT'S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT. shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT'S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting.,practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A ", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT:
SDI Presence LLC
By: 0"
Name: David Gupta
Title: Chief Executive Officer
Social Security or Taxpayer
Identification Number 81- 1357524
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CITY:
CITY OF GILROY
By:
Name: Gabriel Gonzalez
Title: City Administrator
Approved as to Form
City Attorney
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EXHIBIT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of
Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Patrick Griffin, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED /COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
"Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Jimmy
Forbis, Finance Director shall be the designated City contact person(s). Notice to Proceed shall
be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise
delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
red as of actual receipt; mailed notices wi
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C ".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit `B ". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billings) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well- organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A ".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Jimmy Forbis, Finance Director
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: David Gupta, CEO
SDI Presence LLC
200 East Randolph Street, Suite 3550
Chicago, IL 60601
I. FEDERAL FUNDING REQUIREMENTS.
❑ If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
❑ If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he /she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he /she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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EXHIBIT "B"
SCOPE OF SERVICES
Attached
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Proposal to the City of Gilroy Consulting Services for ERP System Replacement
Project Description and Approach
NexLevel offers our clients proven methodologies and tools designed specifically to meet the unique
needs of public sector agencies. Since our inception, we have invested in and developed methodologies,
tools, and supporting processes designed specifically for the unique needs and requirements of
California local government agencies. NexLevel constantly reviews and updates the knowledge base
included in these toolkits based on real life experience with our clients. Our clients benefit directly from
our processes, tools and methodologies, as we share these with our clients and in working
collaboratively with our clients are able to leave behind the tools, processes, and methodologies to be
used in future projects.
NexLevel understands that the work to be completed includes the following:
v Initial project planning
a Documentation of existing (as is) and proposed (to be) functional and data requirements,
including business process workflow and gap analysis
a Functional and data requirements specifications
4 Interface and technical requirements specifications
Data conversion specifications
e Development of a requirements analysis report
+ RFP development
6 Proposal evaluation criteria development
$ Proposal evaluation support, including facilitation and scripting of "Proof of Capabilities"
demonstrations and support for site visits by key City staff
o Contract negotiations
+ Implementation project management, including development of a project plan and schedule,
and coordination of data migration, vendor relationship and contract compliance
Detailed Work Plan
NexLevel has a successful history of providing services to meet all of the City's requested services, and is
proposing a multi -phase procurement and selection methodology that includes:
1. The "Initiate" phase, which establishes the foundation for effective communication and the
successful completion of the project
2. The "Requirements" phase, which encompasses a thorough discovery of the City's specific
objectives and needs to ensure all the requisite features, functions and requirements are
defined and documented through the resulting Requirements Analysis Report
3. The "RFP" phase, which results in an RFP that meets the procurement guidelines of the City and
contains a clear and detailed description of the City's ERP system requirements
4. The "Select" phase, which provides the structure for a fair and organized process to complete
the review and decision methodology to select the best software solution for the City
5. The "Negotiate" phase, which results in the completion of agreements with the selected ERP
solution vendor and the City for consideration by the City Council
6. The "Implement" phase, which includes planning for and support of the City in the
implementation of the selected ERP
Figure 1 on the following page provides an overview of the phases, activities, and deliverables that
provide the framework for our proposed methodology.
LISTEN. PLAN. DELIVER 3 ------ t-
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Proposal to the City of Gilroy Consulting Services for ERP System Replacement
Phases and Tasks
1.1— Project Sponsor Planning Meeting
1.2 —Work Plan Development
1.3 — Kickoff Meeting
21— Request and Review Documentation
2.2— Conduct System Requirements Workshops
23 — Document Functional & Operational Requirements
24 — Document Interfaces and Technical Requirements
25 — Document Data Conversion Requirements
Deliverables
• Work Plan
• Kickoff Meeting Presentation
• Documentation Request Listing
• Functional and Operational Require ments Inventory
✓ Interface and Technical Requirements Inventory
✓ Data Conversion Requirements Inventory
3.1— Prepare Draft RFP ✓ Draft Request for Proposal
=_3.2 — Review Draft RFP with Stakeholders ✓ Final Request for Proposal
3.3 — Identify and Notify Potential Bidders ✓ Vendor Listing and Contact Information
3.4— Release RFP
4.1— Address Vendor Questions
4.2 — Prepare Evaluation Team
4.3 — Conduct Initial Screening of Proposals
4.4 — Assist with Review and Scoring of Proposals
4.5— Prepare for Proof of Capabilities (POC) Sessions
4.6 — Facilitate POC Sessions
4.7— Assist with Completion of Finalist(s) Due Diligence
4.8 — Prepare Vendor Selection Report
5 .1— Res earchPriorVendorAgre ements
5.2— Conduct Initial Agreement Review
5.3 — Facilitate Negotiation Strategy Workshop
5.4— Conduct Negotiation Meetings
5.5 — Obtain City Council Approval
6.1— Monitor & Control Project Execution
?� 6. 2— Support Business Process Review & System Configuration
6.3— Support Conversion Requirements Development
64 — Support User Acceptance Testing
6.5 — Support End User Training
6.6— Complete Readiness Assessment
67 — Support Cutover Planning & Execution
6.8— Complete Post Implementation Evaluation
✓ Vendor Question Responses
✓ Evaluation Scoring Methodology and Matrix Template
• Evaluation Scoring Matrix Summary
• POC Session Agenda and Scripts
✓ Vendor Selection Report
✓ Final Agreements with Vendor
✓ City Council Meeting Attendance/ Participation
✓ Project Plan
✓ Biweekly Project Status Reports
✓ Risk & Issue Tracking Log
✓ Vendor Deliverables Review
✓ Readiness Assessment Checklist
✓ Post Implementation Evaluation Report
Figure 1— Methodology Overview
Beginning on the next page, we provide a detailed discussion of each phase and the tasks associated
with each phase.
Phase 1 - Initiate
The purpose of the Initiate Phase is to prepare for, and initiate, the project under a well- defined work
plan. This phase includes confirming our understanding, as well as the understanding of the stakeholders,
regarding the scope of work and the process for accomplishing the overall objectives of the project. City
staff involvement during Phase 1 consists primarily of the one hour Kickoff meeting.
The following table provides a detailed discussion of what each task will entail.
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Proposal to the City of Gilroy Consulting Services for ERP System Replacement
Table 1— Initiate Phase Tasks and Deliverables
Phases and Tasks I Deliverables
1.1— Project Sponsor Planning Meeting ✓ Work Plan
1.2 —Work Plan Development ✓
1.3 — Kickoff Meeting Kickoff Meeting Presentation
1.1 Project Sponsor Planning Meeting
TASK DESCRIPTION: NexLevel will meet on -site with the City's Project Sponsor and other key staff to
complete a detailed review of the scope of work, project timeline, deliverables, project status methods,
project participants (i.e. sponsor, subject matter experts, technical resources, etc.), and other items to
ensure a well - planned project. During this meeting, NexLevel will discuss the tools and templates that
will be leveraged.
1.2 Work Plan Development
TASK DESCRIPTION: NexLevel will publish a Work Plan that identifies the project approach, methods,
tasks, activities, resources, schedule, deliverables, and major milestones.
DELIVERABLE: Work Plan
1.3 Kickoff Meeting
TASK DESCRIPTION: Since the project will have a City -wide impact, it is important to proactively
communicate with all impacted staff to ensure a clear understanding of project goals and objectives,
roles and responsibilities, approach, tasks, and timeline. The Kickoff Meeting also provides the
opportunity to introduce the NexLevel team to City staff and should involve senior level management
and project sponsors to provide introduction of this City -wide endeavor. It is important that all City
staff that will be involved in the project, regardless of their role, participates in a project kickoff.
DELIVERABLE: Kickoff Meeting Presentation
Phase 2 — Requirements
This phase will allow NexLevel to develop an accurate and clear understanding of the current
environment, as this provides the initial baseline from which alternatives will be evaluated. In addition,
during this phase it is necessary to identify and prioritize future system features and functions that need
to be met. A key success factor to selecting a best fit solution is having a comprehensive understanding
of the City's true needs and requirements. City staff involvement during Phase 2 includes participation
of subject matter experts throughout Departments participating in a one hour Requirements Workshop
to provide their input on existing processes and to discuss potential new processes available in a
contemporary ERP system.
The following table provides a detailed discussion of what each task will entail.
Phases and Tasks
Table 2 — Requirements Phase Tasks and Deliverables
IDeliverables
2.1— Request and Review Documentation ✓
2.2 — Conduct System Requirements Workshops ocumentation Request listing
Requirements 23 — Document Functional l ✓ Functional and Operational Requirements Inventory
Operational Requirements ✓ Interface and Technical Requirements Inventory
2.4 — Document Interfaces and Technical Requirements ✓ Data Conversion Requirements Inventory
2.5— Document Data Conversion Requirements
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2.1 Request and Review Documentation
TASK DESCRIPTION: NexLevel understands that City staff has limited time to dedicate to this project.
Consequently, we will make all efforts to be as prepared as possible before asking for staff time. To
accomplish this, NexLevel will request documentation to familiarize ourselves with the current
environment, processes, procedures, policies, transaction levels, organizational responsibilities,
reports, technical documentation, etc. It is not NexLevel's intent to create work for the staff with this
task— if requested documentation doesn't exist, then it should not be created at this time.
DELIVERABLE: Documentation Request Listing
2.2 Conduct System Requirements Workshops
TASK DESCRIPTION: NexLevel will conduct face -to -face interviews (workshops) with the City's
functional subject matter experts in all City departments to gain an understanding of how they utilize
the current ERP system. Additionally, the workshops are an opportunity for NexLevel to educate
users about features and functionality available in contemporary ERP systems. Workshops will be
scheduled for each major functional area in those departments that rely on the current ERP system
for daily functions. For example, the Finance Department interviews will include individual
workshops for general ledger, budgeting, accounts payable, accounts receivable, project accounting,
payroll, purchasing, fixed assets, and inventory.
NexLevel's approach to conducting the requirements workshops involves more than just gathering
information from the City's subject matter experts. It includes educating and collaborating with staff
on best practices and how evolving technology capabilities (i.e. workflow, reporting, integration,
dashboards, document management, etc.) can be applied to the future environment. The workshops
will also explore unmet needs and focus on identifying new features and functions that can improve
the existing operations.
The specific workshop groupings will be defined during the Initiate phase of the project. Based on our
understanding of the City's use of the current ERP system, and a review of the organizational chart,
we anticipate conducting approximately 25 workshops.
During the System Requirements Workshops, NexLevel will confirm and document the current (as is)
and proposed (to be) business process workflows. Based on our experience with other public- sector
clients and our understanding of the City's current business organization, we anticipate the potential
need to document up to 50 business process workflows across all departments having current and /or
anticipated future interaction with the City's ERP system.
2.3 Document Functional and Operational Requirements
TASK DESCRIPTION: NexLevel will utilize the information gathered during Task 2.2 above to
document the City's existing and desired functional requirements so that potential vendors have a
full understanding of the City's requirements.
DELIVERABLE: Functional and Operational Requirements Inventory
2.4 Document Interfaces and Technical Requirements
TASK DESCRIPTION: NexLevel will identify potential required or desired interfaces or integration
opportunities between the ERP and other data repositories. This helps ensure that an integration
point or interface is not missed. As part of this task, NexLevel will work with City staff to identify any
interface standards that should be included in the RFP (i.e. City preferred interface methods).
DELIVERABLE: Interface and Technical Requirements Inventory
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12.5 Document Data Conversion Requirements
TASK DESCRIPTION: NexLevel will document the City's desired data conversion and migration
requirements so that potential vendors can include the costs and approach for completing the
conversion in their proposals. NexLevel will meet with the City's technical and business subject
matter experts to identify and document data migration and conversion requirements.
DELIVERABLE: Data Conversion Requirements Inventory
Phase 3 - RFP
NexLevel will prepare a comprehensive RFP outlining the business and systems requirements. While
NexLevel will bring the City proven RFP templates and methods, we will also develop the RFP in
accordance with the City's purchasing guidelines and requirements.
The tasks in this phase will consolidate all relevant information gathered in the prior phases to create an
RFP that clearly defines the requirements and objectives of the City. The quality and accuracy of vendor
responses are significantly improved through the use of a well- organized, accurate, and clear RFP. A
strong RFP is critical, as it provides the foundation for evaluating vendors and ultimately provides the
basis for a solid agreement between the City and the successful vendor. City staff involvement in Phase
3 includes time spent by subject matter experts reviewing and commenting on the draft ERP
Requirements matrix developed by NexLevel, along with a review of the draft RFP document.
The table on the next page provides a detailed discussion of what each task will entail.
Table 3 — RFP Phase Tasks and Deliverables
Phases and Tasks Deliverables
3.1 —Prepare Draft RFP ✓ Draft Request for Proposal
3.2 — Review Draft RFP with Stakeholders ✓ final Request for Proposal
3.3 — Identify and Notify Potential Bidders ✓Vendor Listing and Contact Information
RFP 3.4 -Release RFP
3.1 Prepare Draft RFP
TASK DESCRIPTION: NexLevel will prepare a draft RFP for review by the project stakeholders and
other key staff. If the City has an existing preferred RFP template, NexLevel will conduct a review and
compare the City templates to NexLevel's proven RFP template. In addition, if necessary, NexLevel will
meet with the City's purchasing and /or legal resources to verify RFP terms and conditions.
At a minimum, an RFP should include the following components: purpose and objectives, background,
evaluation criteria and selection process, timeline, submission requirements (including forms and
templates), RFP terms and conditions, current environment descriptions, business and operations
metrics (i.e. number of employees, users, vendors, purchase orders, etc.), functional requirements,
technical requirements and standards, and pricing proposal submission requirements.
At the conclusion of this task, NexLevel will provide the City with a draft RFP for review and discussion.
DELIVERABLE: Draft Request for Proposal
3.2 Review Draft RFP with Stakeholders
TASK DESCRIPTION: NexLevel recommends that the draft RFP be distributed to the project
stakeholders and subject matter experts for careful review. After the staff members have had the
opportunity to review the RFP, NexLevel will work with the City to address any changes, questions, or
concerns, after which a final RFP document will be completed.
DELIVERABLE: Final Request for Proposal
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Proposal to the City of Gilroy Consulting Services for ERP System Replacement
3.3 Identify and Notify Potential Bidders
TASK DESCRIPTION: While online vendor portal sites provide a valuable channel for making an RFP
publicly available, NexLevel believes it is in the City's best interest to alert qualified vendors of the
upcoming RFP release. NexLevel will compile a comprehensive list of public sector ERP vendors.
NexLevel will review the listing with the City and assist the City in creating a notification message that
can be distributed via email. Timely notification of the City's intent to release an RFP will help ensure
the City attracts quality solution vendors and allow the vendors to be better prepared to provide a
timely response.
DELIVERABLES: Vendor Listing and Contact Information
3.4 Release RFP
TASK DESCRIPTION: NexLevel will assist the City in preparing for and releasing the RFP. As part of this
task, NexLevel will create a tracking log of who has received the RFP.
Phase 4 — Select
The process for selecting the most appropriate, or best fit, solution vendor requires the City to follow a
structured methodology. The ultimate goal of this project is to ensure that the vendor that is the "best
fit" for the City is selected. Up to this point in the project, the City will have invested heavily in
establishing the foundation upon which a best fit selection will be made. The tasks in this phase are
focused on ensuring a careful and detailed review of information provided in response to the RFP are
conducted, as well as independent research, validation and verification of content. City staff
participation in Phase 4 activities is significant and critical — in particular, members of the Evaluation
Committee will be tasked with completing a detailed review and scoring of each of the vendor proposals
received, and subject matter experts (and Evaluation Committee members) will be participating in multi -
day Proof of Capabilities (POC) sessions with each vendor selected to advance to the POC process.
The following table provides a detailed discussion of what each task will entail.
Phases and Tasks
Table 4 — Select Phase Tasks and Deliverables
4.1— Address Vendor Questions
4.2 —Prepare Evaluation Team
4.3 — Conduct Initia I Screening of Proposals
4.4— Assist with Reviewand Scoring of Proposals
4.5 — Prepare for Proof of Capabilities (POC) Sessions
4.6 — Facilitate POC Sessions
4.7— Assist with Completion of Finalist(s) Due Diligence
4.8 — Prepare Vendor Selection Report
14.1 Address Vendor Questions
Deliverables
✓ VendorQuestion Responses
✓ Evaluation Scoring Methodology and Matrix Template
✓ Evaluation Scoring Matrix Summary
✓ POC Session Agenda and Scripts
✓ Vendor Selection Report
TASK DESCRIPTION: Release of a clear and well- structured RFP will dramatically reduce the number
of vendor questions. However, due to the complex nature of enterprise procurements, the City
should anticipate that vendors will submit questions that must be addressed to ensure quality
proposals are received. In this task, NexLevel will coordinate and assist the City in responding to
vendor questions.
DELIVERABLE: Vendor Question Responses
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4.2 Prepare Evaluation Committee
TASK DESCRIPTION: NexLevel will work with the City to identify the evaluation team and prepare an
evaluator's packet that includes a clear description of the steps to be taken and direction of the
evaluation methodology. The packet will also include a scoring template to assist the evaluators in
tabulating their results.
DELIVERABLE: Evaluation Scoring Methodology and Matrix Template
4.3 Conduct Initial Screening of Proposals
TASK DESCRIPTION: NexLevel will conduct an initial screening of all proposals to determine which
vendors and proposals meet the mandatory RFP requirements and minimum qualifications. NexLevel
will present the results of our screening evaluation to the City. The City can use this information as a
guide to determine which proposals require a detailed review.
4.4 Assist with Review and Scoring of Proposals
TASK DESCRIPTION: The evaluation team will review and rate the proposals according to the
evaluation criteria. In addition, NexLevel will review proposals to identify issues, concerns, questions,
or clarifications that should be addressed, will provide this information to the evaluation team, and be
available to the evaluators for consultation. NexLevel will assist the City in arriving at a preliminary
evaluation scoring matrix that identifies a short list of preferred vendors.
DELIVERABLE: Evaluation Scoring Matrix Summary
4.5 Prepare for Proof -of- Capabilities (POC) Sessions
TASK DESCRIPTION: Conducting proof -of- capabilities (POC) sessions with short listed vendors is a key
component of the selection process. This provides the vendors with the opportunity to fully
demonstrate their solutions using City provided demonstration scenarios and scripts.
As part of this task, NexLevel will develop the POC meeting agenda, scenarios, and scripts for the City
review. In addition, NexLevel can facilitate interaction between the City and the vendors to help
ensure the vendor is adequately prepared to complete the POC. The POC provides valuable input into
contract negotiations and helps clarify risk areas for special consideration.
DELIVERABLE: POC Session Agenda and Scripts
4.6 Facilitate POC Sessions
TASK DESCRIPTION: NexLevel will facilitate the POC sessions to keep vendors on schedule and ensure
all POC scripts are completed. At the conclusion of each vendor POC session, NexLevel will facilitate a
debrief meeting with the evaluators to capture feedback and update the evaluation scoring matrix
accordingly. This information will be used in the final selection report.
4.7 Assist with Completion of Finalist(s) Due Diligence
TASK DESCRIPTION: NexLevel will assist the City in planning for and completing reference checks and
site visits. While NexLevel is available to conduct the reference checks, it has been our experience
that these are best performed by City staff because of the information exchange and opportunity to
further network.
4.8 Prepare Vendor Selection Report
TASK DESCRIPTION: NexLevel will complete a Vendor Selection Report that outlines the process
followed and the results of the evaluation. NexLevel will complete a presentation and present the
findings to the City's executive management team.
DELIVERABLES: Vendor Selection Report and Executive Management Team Presentation
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Proposal to the City of Gilroy Consulting Services for ERP System Replacement
Phase 5 - Negotiate
Key terms, conditions, scope, and pricing terms must be fully resolved before concluding a final
agreement. The purpose of Phase 5 is to formalize and implement a negotiation strategy to ensure the
City obtains a favorable contract and all outstanding issues are resolved. NexLevel brings significant
experience in contract negotiations that will help ensure an agreement that fully protects the City while
supporting a successful implementation. City staff participation in Phase 5 is entirely dependent on the
City's desires — some organizations participate heavily in the negotiations process, while others rely on
NexLevel to lead negotiations discussions and meetings. Our proposal contemplates NexLevel providing
the majority of the effort in this area.
The following table provides a detailed discussion of what each task will entail.
Table 5— Negotiate Phase Tasks and Deliverables
Phases and Tasks LDeliverables
Pkhase 5.1— Research Prior Vendor Agreements
5.2 —Conduct Initial Agreement Review ✓ Final Agreements with Vendor
5.3 — Facilitate Negotiation Strategy Workshop ✓ City Council Meeting Attendance/ Participation
NEGOTIATE 5.4 — Conduct Negotiation Meetings
5.5 — Obtain City Council Approval
5.1 Research Prior Vendor Agreements
TASK DESCRIPTION: It is highly likely that the City will select a vendor that has recently implemented
their solution with another public agency. This task focuses on identifying ratified agreements with
agencies that are of a similar size and complexity, as these can provide a valuable source of information
to help a City prepare for negotiations. NexLevel will seek out and review available agreements. The
review will include evaluating terms and conditions, pricing, payment terms, milestones, and more. The
information gathered will be compared to that which was submitted with the RFP with the goal of
identifying any gaps or more favorable terms and conditions.
5.2 Conduct Initial Agreement Review
TASK DESCRIPTION: NexLevel will perform a review of and provide feedback on the selected vendor's
proposed agreements. Based on our experience, the City should expect multiple agreements (i.e.
software licensing, maintenance and support, professional services, 3rd party software, etc.). NexLevel
will provide the City with guidance and assistance on the review to help prepare for subsequent
negotiations.
5.3 Facilitate Negotiation Strategy Workshop
TASK DESCRIPTION: NexLevel will facilitate a workshop with key City staff to develop a negotiation
strategy. The workshop will focus on outstanding issues and questions, as well as areas of high risk that
need to be addressed. A well - planned negotiation strategy reduces the negotiation timeline, reduces
frustration among the parties, ensures the City presents a unified front, and reduces the risk that items
will be overlooked.
5.4 Conduct Negotiation Meetings
TASK DESCRIPTION: NexLevel will assist the City in preparing for negotiation meetings and will attend
to support the City staff. If the City desires, NexLevel is available to facilitate the negotiation meetings.
NexLevel will take the lead in recording the minutes from the meetings to capture outstanding items,
next steps, and critical dates.
DELIVERABLE: Final Agreements with Vendor
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Proposal to the City of Gilroy Consulting Services for ERP System Replacement
5.5 Obtain City Council Approval
TASK DESCRIPTION: NexLevel will be available to attend and, if requested, participate in the City's
presentation of the vendor agreements to the City Council for approval.
DELIVERABLE: City Council Meeting Attendance / Participation
Phase 6 - Implement
The cornerstone of success for the system implementation portion of the project will be how well it is
managed. This will include thorough planning, execution, and monitoring of the plan, effective
communication, corrective action when required, and final close -out of the project. NexLevel's project
management services will enable the City to manage the big picture, keep stakeholders informed, and
ensure successful planning, oversight, and completion of the project while mitigating project risk. City
staff participation in the Implementation phase is understandably significant. Staff will be expected to
actively participate in new system configuration discussions, data scrubbing activities prior to data
conversion to the new system, rigorous testing of new system configuration and calculations, detailed
training in the new system, and new system testing and re- testing. Although the City plans on utilizing
outside project management services to assist with implementation, the impact on City staff will be
significant throughout this phase of the project.
In the following table, NexLevel has identified the activities and deliverables to be completed as part of
this phase of the project.
Table 6— Implement Phase Tasks and Deliverables
Phases and Tasks
I Deliverables
6.1— Monitor & Control Project Execution
6.2 — Support Business Process Review & System Configuration
✓ Project Plan
"'Phase 6 6.3 — Support Conversion Requirements Development
✓ Biweekly Project Status Reports
6.4 — Support User Acceptance Testing
✓ Risk & Issue Tracking Log
6.5 — Support End User Training
✓ Vendor Deliverables Review
IMPLEMENT 6.6 — Complete Readiness Assessment
✓ Readiness Assessment Checklist
6.7 — Support Cutover Planning & Execution
✓ Post Implementation Evaluation Report
6.8 — Complete Post Implementation Evaluation
6.1 Monitor & Control Project Execution
TASK DESCRIPTION: Working with the software integrator's PM, NexLevel will develop the project plan
that will govern the work to be completed. NexLevel will then monitor the project execution using all
the plans, schedules, procedures, and standards prepared for the project. This will include ensuring
that regular status reports are provided and discussed at project review meetings with the Project
Sponsor and appropriate participants. These reviews will include performance measures for the
completion of tasks and activities in accordance with the project plan, communication plan, risk
management plan, and quality assurance plan.
DELIVERABLES: Project Plan, Biweekly Project Status Reports, Risk / Issue Tracking Logs, and Vendor
Deliverables Review
6.2 Support Business Process Review & System Configuration
TASK DESCRIPTION: NexLevel will support the software integrator's review of the City's business
processes, and will review and assist in the validation of the configuration specification for the new
system.
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6.3 Support Conversion Requirements Development
TASK DESCRIPTION: NexLevel will assist in defining conversion and testing requirements for items that
must be converted into the new system, including financial data from the existing system and in -house
developed applications.
6.4 Support User Acceptance Testing
TASK DESCRIPTION: NexLevel will assist the City in preparing for user acceptance testing of the
configured system, including functional tests, security tests, access control capabilities, the
identification and resolution of acceptance test issues, and the system documentation provided by the
software vendor.
6.5 Support End User Training
TASK DESCRIPTION: NexLevel will assist the City in identifying training requirements and creating
schedules for both users and technical personnel. Training should be sufficiently detailed and
comprehensive to ensure that City staff will be able to effectively use the system and support it after
implementation.
6.6 Complete Readiness Assessment
TASK DESCRIPTION: NexLevel will develop a checklist to be used to assess the City's operational
readiness for the new system implementation, including staffing / training, operational procedures,
change management, system maintenance procedures, disaster recovery / backup plan, technology
refreshment plan, and preventive maintenance plan.
DELIVERABLE: Readiness Assessment Checklist
6.7 Support Cutover Planning & Execution
TASK DESCRIPTION: NexLevel will provide support for a phased cut -over in which different system
modules are implemented and moved into production on a staggered schedule. As each module is
placed into production, the software integrator /software vendor will be required to provide assistance
for system administration, helpdesk, and on -site user support for each major implementation phase or
module.
6.8 Complete Post Implementation Evaluation
TASK DESCRIPTION: Following system implementation, NexLevel will conduct a post - implementation
evaluation review (PIER) to measure the value gained by implementing the new system. The PIER will
provide for organizational learning by documenting the success of the project and the reasons for that
success. It will also identify areas the City may wish to revisit in terms of full implementation of all
modules, related features and functionality.
DELIVERABLE: Post Implementation Evaluation Report
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Project Schedule
The tasks outlined in the detailed work plan above are presented in the timeline below. The schedule
represents the estimated timeline for NexLevel Phases 1— 5, which would take the City through the
procurement and contract execution with the selected ERP vendor.
Deliverables
lDeliveables Droll & Fhal RFP eetjinL Venda L_. & Cmwa IAamatbn
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 113
Delivembles
D.anenat Regva;tcisdrv;
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Weeks 14 115 16 17 18 119 120 21 122 123 124 T-251 26 27 28 29 30 I
as
MUM
Deliverables Deliverables
Venda Qeei[ion Retpcntes FLI l A,,—.. with Verbdr
Eval.0 -5mr0, 1A .5dgya Macdx Template Coy CaurcE Presenutbn
Evaluatbn SmrN6I•taMa Summary
PDC 5aaum,\Eenda & Sa'M
Vander Stlecdm Report
Figure 2 — Proposed Project Schedule — Phases 1 - 5
This schedule was developed based on our years of experience with enterprise system procurements.
Maintaining this timeline will be dependent on numerous factors including City staff availability during
all phases of the project, City's ability to adopt best practices and integrate potential business process
changes to their current environment, and similar project - related factors. NexLevel stands prepared to
assist the City in every way possible to help maintain the estimated timelines shown below.
In terms of Phase 6 — Implement, the City has indicated in its RFP Question and Answer information that
it anticipates go -live of the new system Budget module in January 2019, with General Ledger go -live in
July 2019. NexLevel anticipates that the timeline for implementation of all ERP - related modules,
including Budget, GL, Payroll, Utility Billing, Municipal Court Case Management, Fleet Management, and
Work Orders, would likely entail a three year time period. The City's approach regarding which modules
to start the implementation with is logical, and our recommendation would be to follow the July 2019
General Ledger implementation with a January 2020 go -live for Payroll, followed by the modules that
the City wishes to implement after that point. Assuming the City's ability to actively implement
subsequent modules, we believe a three -year implementation schedule is realistic.
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EXHIBIT "C"
MILESTONE SCHEDULE
Project milestones will be determined through the "initiation" phase of project development.
Attached is page 13 of the RFP response which illustrates a typical project schedule.
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Proposal to the City of Gilroy Consulting Services for ERP System Replacement
Project Schedule
The tasks outlined in the detailed work plan above are presented in the timeline below. The schedule
represents the estimated timeline for NexLevel Phases 1— 5, which would take the City through the
procurement and contract execution with the selected ERP vendor.
.1.. Mimi:
7Mminl erables
Dellveables
Dlnal RFP is[m( &Cm ualAame[bn
Weeks 1 1 1 2 1 3 1 �T5 6 7 8 9 10 11 12 13 l
Deliverables
Davmemation Rag l Io,
Funcumal & Dperauonal NegWremen[slmentay
Iraalase &TwhOJ RNW—s Imemay
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Needs Assessment Report
Weeks 14 15 16 �17 (18 19 120 21 122 23 24 125 126 27 28 29 13D
Deliveahles Deliverables
Vantla D�es[ion Ra:oa,ses FmW A,— w Vervlor
Evaluanen SCOrtllg hlxhalWOgy &Mama Template Cay CauncY Presenution
EZ—ion 5mrin(1.latna Sunnary
PDCSessim&,e &Saipu
Venda 5elecuan Repo
Figure 2 — Proposed Project Schedule — Phases 1- 5
This schedule was developed based on our years of experience with enterprise system procurements.
Maintaining this timeline will be dependent on numerous factors including City staff availability during
all phases of the project, City's ability to adopt best practices and integrate potential business process
changes to their current environment, and similar project - related factors. NexLevel stands prepared to
assist the City in every way possible to help maintain the estimated timelines shown below.
In terms of Phase 6 — Implement, the City has indicated in its RFP Question and Answer information that
it anticipates go -live of the new system Budget module in January 2019, with General Ledger go -live in
July 2019. NexLevel anticipates that the timeline for implementation of all ERP - related modules,
including Budget, GL, Payroll, Utility Billing, Municipal Court Case Management, Fleet Management, and
Work Orders, would likely entail a three year time period. The City's approach regarding which modules
to start the implementation with is logical, and our recommendation would be to follow the July 2019
General Ledger implementation with a January 2020 go -live for Payroll, followed by the modules that
the City wishes to implement after that point. Assuming the City's ability to actively implement
subsequent modules, we believe a three -year implementation schedule is realistic.
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EXHIBIT "D"
PAYMENT SCHEDULE
As detailed in the RFP response, Consultant will complete this project on a time and
materials basis in which the Consultant will bill the City monthly, based on actual hours worked, up
to the not -to- exceed price.
Consultant will provide invoices which detail project activities undertaken during the prior
month and number of hours worked.
4835 - 2267- 0361v1
LAC104706083
Proposal to the City of Gilroy Consulting Services for ERP System Replacement
Cost Proposal
In Table 9 below and continuing on the following page, we identify the anticipated level of effort
(estimated hours) for each major phase and task.
Table 9 — Project Resource Allocation by Major Phase and Task
LISTEN. PLAN. DELIVER
25
Proposal to the City of Gilroy Consulting Services for ERP System Replacement
Phase 6 - Implement
6.1 Monitor & Control Project Execution
2,080
$ 334,000
6.2 Support Business Process Review & System Config
220
$ 35,800
6.3 Support Conversion Requirements Development
40
$ 6,400
6.4 Support User Acceptance Testing
40
$ 6,400
6.5 Support End User Training
20
1
$ 3,200
6.6 Complete Readiness Assessment
35
$ 5,600
6.7 Support Cutover Planning & Execution
35
$ 5,600
6.8 Complete Post Implementation Evaluation
25
$ 4,000
2,495
$ 401,000
Subtotal - Phase 6
GRAND TOTAL 0 $ 534,725
ERP Selection Process - Phases 1 -5
All of the resources being proposed forth is engagement will be billed at an hourly rate of $175.
NexLevel will complete this project on a time and materials basis. Under this arrangement, NexLevel will
bill the City monthly, based on actual hours worked, up to the not -to- exceed price. This provides the
City with a maximum not -to- exceed budget for completion of the project, and in the event that there
are hours remaining at the completion of Phases 1— 5, the related funds will remain unexpended.
Travel Costs — Phases 1 -5
NexLevel has estimated travel costs for Phases 1— 5 utilizing assumptions regarding onsite activities for
specific project team members. Travel costs include items such as airfare, rental car, lodging, meals, and
mileage reimbursement. The actual costs for travel will be billed monthly after being incurred, and will
be substantiated by accompanying receipts. For Phases 1 -5, the estimated travel costs are $10,000.
Y.. � Y is � '.t �' • •. �:�.
For the purposes of NexLevel's cost estimate for Phase 6 (IMPLEMENT), a 36 -month implementation
was assumed, with project management services estimated at approximately two days (16 hours) per
week. We anticipate that the NexLevel Project Manager may be onsite 2 -3 days per week during critical
project milestones, but may not be onsite every week over the 36 -month implementation.
For purposes of providing a reasonable cost estimate for Phase 6, NexLevel is proposing an all- inclusive
hourly rate of $160 for the project implementation phase. This rate is inclusive of all travel and other
incidental costs during project implementation.
Billing during Phase 6 will follow NexLevel's approach during the ERP selection process — specifically,
NexLevel will bill monthly based on actual hours worked. Invoices will detail project activities
undertaken during the prior month and the number of hours worked.
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