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HomeMy WebLinkAboutC38990 ECS Imaging - LaserficheCONTRACT cc_-�ENO. C38990 STAFF REPORT CITY OF PALM DESERT INFORMATION SYSTEMS DEPARTMENT MEETING DATE: July 11, 2019 PREPARED BY: Clayton von Helf, Information Systems Manager REQUEST: Authorize the City Manager to enter into an agreement with ECS Imaging, Inc. for Laserfiche Enterprise Content Management System in the amount of $175,937. Recommendation By Minute Motion, that the City Council: Authorize the City Manager to enter into an agreement with ECS Imaging, Inc. for Laserfiche Enterprise Content Management System in the amount of $175,937, including software licenses, training, and conversion services for all scanned documents. Funds are available in Account No. 5304190-4404000. Strateqic Plan Although the City's internal I.T. infrastructure is not addressed in the strategic plan, its upgrade underlays, and is essential to, all projects and services performed by the City. Information Technologv Master Plan Electronic Content Management System (ECMS) Replacement is identified as Initiative 31 in the Information Technology Master Plan adopted in February 2017. This agreement with ECS Imaging will provide the replacement for our current ECMS. This initiative was scored as a very high priority by the IT steering committee. Executive Summary An Electronic Content Management System (ECMS) helps organizations digitize documents and automate document -driven processes. This enables organizations to save time and money by efficiently managing documents and information. Staff requests the City Council authorize the City Manager to enter into an agreement with July 11, 2019 - Staff Report ECS Imaging, Laserfiche Page 2 of 3 ECS Imaging, Inc. for Laserfiche Enterprise Content Management System in the amount of $175,937, including software licenses, training, and conversion services for all scanned documents This project will replace our current ECMS with a modern, full featured solution. The advanced features of Laserfiche will improve efficiency, increase security and protection of documents, and reduce paper waste. Laserfiche will also dramatically improve transparency with the ability to publish documents online automatically, creating a fully searchable online document portal for members of the public. Backqround Analysis Document scanning, document storage, and records retention are the core functions of an Electronic Content Management System (ECMS). In addition, modern Electronic Content Management Systems also include workflow management for automated document capture, routing, approvals, and distribution. These workflows will be built around the City's current business rules and paper routing — replacing or enhancing manual paper processes. A new ECMS will also improve transparency through an Internet portal, providing automatic access to documents online for citizens, without additional processing or staff labor. Laserfiche is the leader of ECMS solutions for agencies our size. Laserfiche is only sold through vendors, who also offer the support and training for the solution. The software is being purchased using a government pricing contract (NCPA contract Number 11-25) and therefore fulfills the competitive bidding requirement of the Palm Desert purchasing ordinance (PDMC 3.30.160.E). To verify pricing, and compare the service and training offerings available, staff requested proposals from three vendors: • ECS Imaging, Inc., located in Riverside - $175,937 • Complete Paperless Solutions, located in Anaheim - $165,606 • TKB Associates, Inc., located in Illinois - $266,412 After review of the proposals, staff selected ECS Imaging, Inc. ECS Imaging proposal included more robust training and support services than the others. The support includes quarterly Laserfiche user group workshops, and free attendance to the national Laserfiche conference, both with free training. This support and training will be important for staff to take full advantage of the benefits a modern ECMS solution can bring to the City. July 11, 2019 - Staff Report ECS Imaging, Laserfiche Page 3 of 3 Fiscal Analysis Approval of staff's request will result in an expense of $175,937 from the equipment replacement fund. Funds are available in Fiscal Year 2019-2020 IT Master Plan budget, Account No. 5304190-4404000. LEGAL REVIEW DEPT. R Robert W. Hargreaves City Attorney ATTACHMENTS FINANCIAL REVIEW CITY MANAGER Lori Car 1, Direc et Moore Lauri Aylaian Administrative Services Director of Finance City Manager ECS Imaging, Inc. Laserfiche Rio Proposal CONTRACT NO. C38990 CONTRACT NO. C38990 EXHIBIT "A" SCOPE OF SERVICES See attached proposal (BB&K 2018) Exhibit "A"-1 72500.00001\31605678.1 Rev 11-9-18 CONTRACT NO. C38990 EXHIBIT "B" SCHEDULE OF SERVICES See attached proposal (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION See attached proposal (BB&K 2018) Exhibit "C"-1 72500.00001\31605678.1 Rev 11-9-18 Laserfiche Rio Proposal Submitted to: Nick Martin Date of Proposal: 6/12/2019 Effective through: 7/30/2019 Delivering Paperless Solutions Since 1990 Laserfiche Support Document Scanning Records Management Project Management Data Migration Integration Largest Provider of Laserfiche in Western United States Corporate Headquarters Southern California 5905 Brockton Ave., Suite C Riverside, CA 92506 Phone: (951) 787-8768 Fax: (951) 787-0831 Toil Free: (877) 790-1600 Northern California 5052 Forni Drive, Suite A Concord, CA 94520 Phone; (877) 790-1600 Colorado 403 16'h Street, Suite 301 Denver, CO 80202 Phone: (720) 598-9176 www.ecsimaging.com sales@ecsimaging.com Authorized Reseller Project Summary and Scope of Work Desrjtion or Product and Services ECS Unlimited Support Package for first year to Include Installation, configuration, training, consulting, project management, and all conversions costs from Questys. Included with purchase is 4 Empower Passes for February 2020 conference. Unlimited attendees to ECS Annual Conference in Riverside 10-10-19 ($1,000 for each non ECS Client) and unlimited attendees to all Quarterly User Groups ($450 for each non ECS Client). ECS is on the NCPA Contract with discount noted at bottom of Quote NCPA Contract Number 11-25. CMAS Contract is available as well if preferred. Software Rio includes Workflow, Web Access, Mobile, Adv. Audit Trail, Digital Signatures, Discussions, Unlimited Servers, Forms Essentials ENF01 Laserfiche Rio Named Full Users (100-199 users) $ 700.00 125 $ 87,500.00 ECNC Laserfiche Connector (100-199 users) $ 35.00 125 $ 4,375.00 EFRM Laserfiche Forms Professional Full User (100-199 users) $ 70.00 125 $ 8,750.00 EPFRM Laserfiche Forms Portal Add -on $ 7,995.00 1 $ 7,995.00 PPM25 Laserfiche Pilot Public Portal (25 retrieval users) $ 25,000.00 1 $ 25,000,00 QFA Laserfiche Quick Fields Agent $ 10,000.00 1 $ 20,000.00 QC1 Laserfiche Quick Fields Core $ 5,000.00 1 $ 5,000.00 IA Laserfiche Impart Agent $ 1,500.00 1 $ 1,500.00 SC05 Laserfiche ScanConnect 5-pack $ 660.00 1 $ 660.D0 Software Subtotal $ 150,780.00 Annual Maintenance and Licensiniz , ENFO3B Laserfiche Rio Named Full Users (100-199 users) LSAP $ 140.00 125 $ 27,500.00 ECNCB Laserfiche Connector (100-199 users) LSAP 5 7.00 125 $ 875.00 EFRMB Laserfiche Forms Professional Full User (100-199 users) LSAP $ 14.00 125 $ 1,750.00 EPFRMB Laserfiche Forms Portal Add -on LSAP $ 1,600.00 1 $ 1,600.00 PPM25B Laserfiche Pilot Public Portal (25 retrieval users) LSAP $ 5,000.00 1 $ 5,000.00 QFAB Laserfiche Quick Fields Agent LSAP $ 2,000.00 1 $ 2,000.00 QC78 Laserfiche Quick Fields Core LSAP $ 1,000.00 1 $ 1,000.00 IAB Laserfiche Import Agent LSAP $ 300.00 1 $ 300.00 SC05B Laserfiche ScanConnect 5-pack LSAP $ 132.00 1 $ 132.00 Annual Maintenance Subtotal $ 30,157.00 SKU Description Unit Price Quantity Line Total Hardware Subtotal $ Professional Services SKU M Quantity ECSCI ECS Install, Configuration, Consulting, & Project Management Services $ 15,000.00 1.00 $ 15,000.00 ECST ECS Training Services ECSC ECS Data Conversion Services ECSCI ECS Consulting Services Professional Services Subtotal $ 15,000.00 Special Terms Data conversion from Questys of 2Tb of data and five Document Types. A Full Scope of Work will be provided at a later time In regards to the consulting services needed. Subtotal $ 195,937.00 Tax Rate Software Only (Download Only) 0.000% Tax $ - Software is only available via download and is not subject to CA sales tax Shipping $ Discount $ (20,000.00) ailibn¢Term6; Total $ 175,937.00 2 ECS Company Background ECS Imaging has been in business for 29 years and has maintained the same Executive Management since its inception. With a strong leadership team delivering a consistent vision, ECS is able to provide our customers with the highest quality service possible. ECS became a Laserfiche Value Added Reseller (VAR) in 1995 and has achieved top performance recognition consistently every year since. ECS Imaging is a Gold Certified Laserfiche provider and has continuously been ranked as the top value added reseller in the Western United States for 24 consecutive years, achieving the status of 3`d largest Laserfiche provider in the world in 2018, Our efforts are focused on helping organizations become more efficient by eliminating paper -based business processes. We specialize in providing government and commercial organizations innovative turn -key document management solutions with the award winning Laserfiche Enterprise Content Management Systems. ECS has over 29 years of industry experience and 24 years with Laserfiche. ECS Imaging is a full service document management solutions provider and currently employs over 40 full time staff providing the following range of services: • Project Management ■ Laserfiche Software Installation • Systems Integration • Cloud Migration Services • Business Process Automation and Consulting Services ■ Data Conversion Services • On -going Support of Software and Hardware ■ Remote and On -Site Training and Support • Out -of -the -box Integrations with 3`d Party Applications o PlanetPress o GeoDocs o CMA Email Management o Docusign Digital Signatures o Psigen Advanced Capture Solutions o MS Office and SharePoint ■ Custom Integrations with 3`d Party Applications • Custom Documentation ■ Scanning Services (including Large Maps, Microfilm, Microfiche conversion) • Complimentary Quarterly User Group Workshops with Training ■ Two Annual Complimentary Client Conferences with Training (16 consecutive years) 3 Software Product Descriptions What You Get With Laserfiche Rio Laserfiche Rio is the enterprise licensing model for Laserfiche and is targeted at organizations with large cross -functional implementations. The following features, plug -ins, and modules are included with the Laserfiche Rio System, you may already be using several of the software modules listed below. 1. Unlimited Servers and Repositories 2. Laserfiche Web Access Client 3. Laserfiche Mobile 4. Laserfiche Workflow 5. Laserfiche Forms Essentials 6. Laserfiche Advanced Audit Trail 7. Laserfiche Digital Signatures 8. Laserfiche Discussions 9. Laserfiche Federated Search 10. Laserfiche Distributed Computing Cluster 11. Laserfiche Directory Server 12. Email, Snapshot, and PhotoDocs 13. MS Office and SharePoint Integration 14. Laserfiche Web Administration Console 1. Laserfiche Server is an extremely efficient and robust application that creates a very small network footprint yet can scale to support thousands of users, multiple databases, and an abundance of information. Unlimited repositories and servers provides for development, testing, staging, and production environments. Includes a built-in OCR engine for text searching. 2. Laserfiche Client - Laserfiche offers both a web client and a desktop client. With the Web Access Client, staff can search, retrieve, and work on documents within the Laserfiche repository through their web browser (intranet or internet). 4 3. Laserfiche Mobile - The Laserfiche mobile app allows you to capture, upload, and securely access and work with documents in and outside your Laserfiche repository. Users can download the Mobile app from Google Play, iTunes App Store, or Windows. 4. Laserfiche Workflow - Workflow is a powerful business process automation tool that improves productivity, provides rule -based routing, email notifications, activity monitoring and built-in reporting. S. Laserfiche Forms Essentials - Forms Essentials offers the core features including mapping out processes, designing forms, and basic reporting capabilities. • Build Forms and business processes ■ View an operational dashboard to quickly and easily view information on a process • View reports on process instances, tasks, and process data • Organize and route tasks to other users • Direct approval through email 6. Laserfiche Advanced Audit Trail - Audit Trail enables you to track all activities performed in a Laserfiche repository. Track all actions in the system from Log -in to Log -off. The tracked information is stored in log files that Audit Trail uses to generate reports. Combined with other aspects of the Laserfiche system, auditing not only helps to show compliance with legal regulations, but also contributes to the security of the Laserfiche repository. Laserfiche Audit Trail Reporting is a Web application that enables you to view, filter, and export audit data stored in binary log files. You can create reports to analyze audit data, view the information as a chart, filter it to include only the information relevant to you, and export the data for use in spreadsheet programs such as Microsoft Excel. You can also save reports for future use. 7. Laserfiche Digital Signatures - Digital Signatures gives users the ability to automatically sign and validate 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, allowing you to verify the condition of your documents for the duration of their lifecycle. 8. Laserfiche Discussions - Laserfiche Discussions is an internal website where users can collaborate, share ideas, and learn. Users can start discussions or ask questions for the entire user community, or they can create content within organization wide or private groups. 9. Laserfiche Federated Search - Laserfiche Federated Search is a web application that allows you to perform searches across multiple repositories at the same time. Administrators can configure Federated Search to search across any or all of the repositories at their site, including repositories that are not hosted on the same Laserfiche Server. This allows users who work in multiple repositories, or who are not sure which repository stores a particular piece of information, to quickly find documents in any repository. 10. Distributed Computing Cluster - Distributed Computing Cluster allows you to distribute the processing work for Laserfiche applications like Workflow and Web Access onto one or more machines 5 dedicated to performing that work. As a result, Laserfiche applications are able to add features that require significant resources without increased load on the server. 11. Laserfiche Directory Server - Laserfiche Directory Server is a license management server for Laserfiche Rio. With Laserfiche Rio, you will administer your licenses using the Directory Server application, which allows you to generate individual application licenses, allocate your named users, and otherwise manage your installation. 12. Laserfiche Email - Allows users to send documents stored in the Laserfiche repository to internal and external recipients. Laserfiche Snapshot - Converts electronic documents into TIFF images and imports them into your digital repository. Laserfiche PhotoDocs - Laserfiche PhotoDocs is a tool that enables you to use a digital camera to capture printed text documents and transform them into a digital, searchable format in Laserfiche. You can use PhotoDocs in situations where a scanner might be unavailable or difficult to use. 13. MS Office Integration - Office Integration is a Laserfiche component that allows users to take advantage of Laserfiche features when working with Microsoft Word documents, Excel spreadsheets, PowerPoint presentations, and Outlook messages in their native Microsoft Office applications. With Office Integration, you can quickly save files to Laserfiche directly from Office applications, update Office documents already in your repository. SharePoint Integration - With the Laserfiche and SharePoint Integration components included with Laserfiche Web Access, documents can be easily accessed from Microsoft® SharePoint®. List any part of your Laserfiche repository on a SharePoint page. Scan directly to a Laserfiche folder, right from your SharePoint site. Retrieve Laserfiche documents or folders using the SharePoint search box. 14. Laserfiche Web Administration Console - The Laserfiche Web Administration Console is an administrative tool that provides secure access to your Laserfiche repository for authorized users via an Internet browser. Administrators can work in their repositories from anywhere, including remote sites, client computers, and even mobile devices, easily and securely. Additional Proposed Laserfiche User Licenses / Software Modules ® Laserfiche Forms Professional - Provides full access to all functionality within Forms for all the Rio named users. Build web forms in minutes. Laserfiche Forms allows you to easily and quickly create electronic Tillable forms with simple drag and drop that can be published on intranets or public websites with no coding or scripting required. Capture information and process it quickly to ensure information is accessible to authorized employees throughout your organization. Laserfiche Forms Professional provides: Database lookups, Performance Dashboard, Enhanced Reporting including charts and graphs, Payment Gateway, and Geotagging. ❑ Authenticated Participants (Approver) User Licenses: limited functionality users can submit forms, start processes, approve forms, and complete user tasks, users can login with the email address assigned to the license. ❑ Community User Licenses: function as Authenticated participant license, and provides read- only access to Laserfiche repository. ® Laserfiche Forms Portal - Extends the functionality of your Laserfiche Forms application to publicly available forms that can be completed and submitted online anonymously, meaning users do not need to login in order to complete and submit a form. ® Laserfiche Quick Fields - Quick Fields is highly customizable data capture solution that automatically captures your critical information from paper, electronic documents, and databases then organizes it for fast retrieval. By automatically capturing the data you need, Quick Fields can reduce or eliminate the need for manual data entry, which is labor-intensive and error -prone. Quick Fields options include: ❑ Quick Fields ® Quick Fields ❑ Quick Fields ❑ Quick Fields ❑ Quick Fields Basic: Core: Classify: Context: Complete: ■ Real -Time ■ Zone OCR ■ Document ■ Forms • Document Lookup 0 Real -Time Classification Processing Classification • Pattern Lookup 0 Zone OCR 8 Bates a Forms Matching 0 Pattern • Real -Time Numbering Processing • Bar Code Plug- Matching Lookup 2 Zone OCR a Bates In 0 Bar Code Plug- • Pattern ■ Real -Time Numbering In Matching Lookup a Zone OCR • Bar Code Plug- N Pattern N Real -Time In Matching Lookup • Bar Code Plug- W Pattern In Matching ■ Bar Code Plug - In ® Laserfiche Quick Fields Agent - Quick Fields Agent allows you to schedule Quick Fields sessions and have them run unattended. By scheduling when document processing occurs, your organization can use network resources at non -peak hours. Quick Fields Agent keeps track of all scheduled sessions and reports on the results of schedules that have run. ® Laserfiche Import Agent - Import Agent can automatically retrieve files stored in a Windows folder and import them into a Laserfiche repository allowing numerous image capture devices (multi -function copier/scanners, network fax server, etc.) to work with Laserfiche. Automatically assign user -defined document templates, auto -populate index fields and create unique document names. You can also schedule Import Agent to import documents during off-peak hours. ® Laserfiche Weblink Public Portal - WebLink is a user-friendly public portal site for providing customizable external access to Laserfiche documents in read-only format. The Laserfiche WebLink Designer allows you to customize the look and feel of pages, configure navigation elements, and add links to custom searches or folders. ® Laserfiche Connector - Integrate Laserfiche with third party software applications in minutes without programming. Laserfiche Connector provides a streamlined experience for integrating Laserfiche with line of business applications such as CRM and ERP systems. Laserfiche Connector integrates easily through user -defined hotkeys and embedded icons. ❑ Laserfiche Toolkit (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 Records Management - Laserfiche Records Management simplifies the life cycle management of business records and supports the automatic enforcement of consistent, organization - wide records policies and reduces the cost of regulatory compliance. Records Management is DoD 5012.2 compliant ❑ Laserfiche ScanConnect - ScanConnect enables you to use ISIS scanning drivers. A collection of ISIS drivers are included with ScanConnect, enabling you to scan using supported scanners. A list of supported scanners can be found on the Laserfiche Support Site. If your scanner is not listed, you can manually install any ISIS drivers your scanner's manufacturer has provided. ❑ Laserfiche Plus - Laserfiche Plus is a publishing tool that allows for a selection of documents, their metadata, and folder structure to be published in an independent package onto a CD or DVD. Laserfiche Plus is fully equipped with a powerful search engine that allows you to search and retrieve documents. The Plus CDs/DVDs can be used for disaster recovery measures by providing access to critical documents at all times, even if your network is off-line. ❑ Integrated Solution — Not at this time 8 Training Training can be provided onsite or remote by ECS trainers using the installed system. These training sessions can be scheduled for individuals or groups according to their role. Training sessions are developed and tailored specifically to our customer's requirements. On -Site End -User Training This hands-on or group training is for users who have never used Laserfiche before. Some of the topics covered in this training are: Annotations, Customizing the Document Viewer, Document Metadata, Using the Folder Browser, Working with Electronic Documents, Searching, Importing Documents, Exporting and Printing Documents, Snapshot On -Site Administrator Training System Administrator Training begins with a comprehensive overview of the Laserfiche System. 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, most common Laserfiche problems and how to resolve them. On -Site Power -User Training, Laserfiche Workflow Admin Training Laserfiche Forms Training Laserfiche Quick Fields Training Support and Maintenance ■ Laserfiche Audit Trail Training ■ Laserfiche Records Management Training ■ Integration Training SDK / LF Connector ® Laserfiche Support Assurance Plan (LSAP) is an integral part of keeping your software up to date and ensuring that you have access to all of the latest features and functionality the software has to offer. The Laserfiche Software Assurance Basic Plan includes the following: ■ Unlimited telephone support through your authorized reseller ■ Free copies of Software Version Updates. • All the latest hotfixes, updates and patches to keep your system running at peak efficiency. ■ 24/7 access to the Laserfiche Support Site and Laserfiche Answers. • Comprehensive training opportunities are available including quarterly Regional Training and the annual Laserfiche Institute Conference • 100% of the purchase price of your current Laserfiche software can be credited to any new product purchase. ® ECS Unlimited Priority Support is a support plan to the basic Laserfiche Software Assurance Plan (LSAP). Where LSAP offers a response time within 24 hours, ECS Priority Support responds promptly to our client's needs and concerns. Our experienced tech team will respond within 4 hours of our client's call. Most calls are answered immediately and resolved within the same business day. Also includes complimentary quarterly user group workshops and the ECS Annual Customer Conference. Priority Support is offered for on -site and remote technical assistance. Laserfiche Pricelist Product Description Laserfiche Rio Pilot Named Full Users Laserfiche Rio Named Full Users (1) (2) A minimum of one year LSAP must be purchased with each new system. When new users or software are added to the system, LSAP should be adjusted so that all components of the system have the some renewal date. Laserfiche Rio Named Retrieval Users (3) Laserfiche Forms Authenticated Participants (4) Laserfiche Records Management Edition (5) Laserfiche Oracle Server Support User licenses Software LSAP 25-49 users $900 $180 50-99 users $833 $167 100-199 users $700 $140 200-499 users $600 $120 500-999 users $500 $100 1,000-1,499 users $400 $80 1,500-1,999 users $350 $70 2,000-3,999 users $300 $60 3,000-3,999 users $260 $52 4,000-4,999 users $230 $46 5,000-5,999 users $200 $40 6,000-6,999 users $190 $38 7,000-7,999 users $180 $36 8,000-8,999 users $170 $34 9,000-9,999 users $160 $32 200-999 users $200 $40 1,000-9,999 users $100 $20 1-49 users $200 $40 50-199 users $140 $28 200-499 users $99 $20 500-999 users $70 $14 1,000-1,999 users $56 $11 2,000-2,999 users $38 $8 3,000-4,999 users $32 $6 5,000+ users $26 $5 Laserfiche Forms - Allows form creation and submission as well as the ability to participate in routing for named full users. Laserfiche Connector 10% add -on to all named full and retrieval users 10% add -on to all named full and retrieval users 10% add -on to all named full users 5% add -on to all named full users Portal Add-ons - Perpetual These applications allow individuals who do not have Laserfiche user licenses to interact with Laserfiche 77oucts. Product Description ftware I Annual 1 Maintenance Web Publishing Tools Laserfiche Pilot Public Portal license - Includes Laserfiche WebLink and 25 WebLink-only retrieval $25,000 $5,000 connections + Laserfiche Public Portal license for 1 Laserfiche Server $45,000 $9,000 l Laserfiche Public Portal license for 2 Laserfiche Servers $50,000 $10,000 Laserfiche Public Portal license for Unlimited Laserfiche Servers (6) $75,000 $15,000 1 10 Information Capture Tools Laserfiche Forms Portal Add -on - Allows form submission from unlicensed (public) users. (7) I $7,995 I $1,600 Laserfiche Forms Enterprise Portal Add -on (8) -Allows anonymous form submission from unlicensed (public) users. Unlimited installations $24,000 $4,800 Desktop -Based Add-ons - Perpetual — These applications are licensed per desktop; you will need one copy of the software for each computer on which it will be installed. 111 Product Description I Software ( Annual I Maintenance Capture Tools Laserfiche Quick Fields $595 $120 Laserfiche Quick Fields Basic - Quick Fields and Validation packages for Bar Code and Real -Time Lookup $2,500 $500 Laserfiche Quick Fields Core - Quick Fields, Quick Fields Scripting Kit and Validation packages for 1 Bar Code, Real -Time Lookup and Zone OCR $5,000 $1,000 I Laserfiche Quick Fields Classify - Quick Fields Core package plus Document Classification $7,500 $1,500 Laserfiche Quick Fields Context - Quick Fields Core package plus Forms Alignment Forms Identification, Forms Extractor, Optical Mark Recognition and Auto Stamp/Redaction/Bates Num. $10,000 $2,000 Laserfiche Quick Fields Complete (All of the above) $15,000 $3,000 Laserfiche Quick Fields Agent $10,000 $2,000 Laserfiche Auto Stamp/Redaction/Bates Num. $500 $100 Laserfiche Document Classification $5,000 $1,000 Laserfiche Import Agent $1,500 $300 Laserfiche ScanConnect $165 $33 j Laserfiche ScanConnect 5-pack $660 $132 Laserfiche ScanConnect 10-pack $915 $183 1 Digital Archiving and Publishing Laserfiche Plus for Digital Archiving (up to 5 seats, internal business use only) I $10,000 $2,000 I Laserfiche Plus for Publishing (royalty -free distribution of published media) (9) $3,800 $1,600 Server -Based Add-onPerpetual These applications are installed on a server and available to some or all users, client -side. You must buy one copy of the software for each server on which you wish to install it. + Product Description I Software I Annual Maintenance Integration Tools Laserfiche SDK $2,500 1 $750 Subscription -Based User Licenses* Laserfiche Subscription Process Users 25-49 Licenses $270 50-99 Licenses $265 A process automation user for employees in need of user 100-199 Licenses 1� $252 1 authentication and read-only repository access. I 200-499 Licenses $226 Process Users have all Laserfiche Forms functionality: 500-999 Licenses $193 1. Create forms and participate informs processes ( 1,000-1,499 Licenses $162 2. Create, manage, edit and administer workflow 1,500-1,999 Licenses $144 processes 2,000-2,999 Licenses $123 3. Create, edit, assign teams, members, and roles ( 3,000-3,999 Licenses $98 4. Create and view reports 4,000+ Licenses $88 Laserfiche Subscription Participant Users ( 10-49 Licenses $97 50-199 Licenses $68 Participant users have both read-only repository access I 200-499 Licenses $48 11 and the ability to submit forms. Laserfiche Subscription Community Users Community Licenses can be used by non -employees, allowing read-only access to the repository and the ability to submit forms. Users outside of your organization can connect to needed services, with customized access to content. Laserfiche Subscription Education Community Users Education Community Licenses may be used by students, faculty and non -employees. They allow read-only repository access, and the ability to submit forms. This licensing bundle provides your educators, students and community with the ability to interact and collaborate. 500-999 Licenses 1,000-1,999 Licenses 2,000-2,999 Licenses 3,000-4,999 Licenses 5,000+ Licenses Block of 500 Licenses Block of 1,000 Licenses Block of 2,000 Licenses Block of 5,000 Licenses Block of 10,000 Licenses Block of 25,000 Licenses Block of 50,000 Licenses Block of 100,000 Licenses Block of 500,000 Licenses Block of 2,000 Licenses Block of 5,000 Licenses Block of 10,000 Licenses Block of 25,000 Licenses Block of 50,000 Licenses Block of 100,000 Licenses Block of 500,000 Licenses $34 $28 $19 $16 $13 $9,700 $14,550 $19,400 $29,100 $38,800 $48,500 $58,200 $77,600 $97,000 $9,700 $14,550 $19,400 $24,250 $29,100 $38,800 $48,500 Subscription Desktop -Based Subscription Add-Ons These applications are licensed per desktop; you will need one copy of the software for each computer on which it will be installed. Subscription Scanner Drivers Laserfiche Subscription ScanConnect Laserfiche Subscription ScanConnect (5-pack) Laserfiche Subscription ScanConnect (10-pack) Subscription Digital Archiving and Publishing Laserfiche Subscription Plus Subscription integration Tools Laserfiche Subscription SDK $90 $330 $450 $1,850 1 $1,220 1 12 CONTRACT NO. C38990 LASERFICHE ECMS CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 11th day of July, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and ECS Imaging, Inc, a California Corporation, with its principal place of business at 5905 Brockton Ave., Suite C, Riverside, CA 92506 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Electronic Content Management Systems (ECMS) consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the Laserfiche ECMS project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional ECMS consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 11th, 2019 to June 30th 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor. Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 1 CONTRACT NO. C38990 means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents 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 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Jamie Dunn, Account Manager. 3.2.5 Citv's Representative. The City hereby designates Clayton von Helf, Information Systems Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Jamie Dunn, Account Manager, or his/her designee, to act as its representative for the performance of this (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -2- CONTRACT NO. C38990 Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Requlations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9.1 Emplovment Eliqibilitv, Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -3- CONTRACT NO. C38990 any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.9.2 Emplovment Eliaibilitv: Subcontractors. Consultants, Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.9.3 Emplovment Eliaibility: Failure to Complv. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.9.4 Eaual Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.9.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.9.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- CONTRACT NO. C38990 regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.10 Insurance. 3.2.10.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (D) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -5- CONTRACT NO. C38990 (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.2.10.2 Other Provisions or Reauirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coveraae. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributina.. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) Citv's Riqhts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroqation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -6- CONTRACT NO. C38990 of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -7- CONTRACT NO. C38990 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Water Qualitv Manaqement and Compliance. 3.2.10.3 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.10.4 Compliance with Water Quality Laws. Ordinances and Reaulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.10.5 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -8- CONTRACT NO. C38990 3.2.10.6 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy Five Thousand Nine Hundred Thirty Seven Dollars ($175,937.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -9- CONTRACT NO. C38990 is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Reaistration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- CONTRACT NO. C38990 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Aqreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: ECS Imaging, Inc 5905 Brockton Ave., Suite C Riverside, CA 92506 ATTN: Jamie Dunn City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Clayton von Helf, Information Systems Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 11 CONTRACT NO. C38990 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data; Licensina of Intellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Riqht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Proprietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- CONTRACT NO. C38990 agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 fReservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- CONTRACT NO. C38990 indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governina Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Right to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -14- CONTRACT NO. C38990 of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Reauired. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- CONTRACT NO. C38990 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ECS IMAGING, INC. CITY OF PALM DESERT ECS IMAGING, INC. By: By: LAURI AYLAIAN CITY MANAGER Its: ATTEST: City Clerk APPROVED AS TO FORM: Best, Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Printed Name: By: Its: Printed Name: OONTni/ SOT 140. 036339 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT r] Individual F] Corporate Officer Title(s) F1 Partner(s) ❑ Limited n General F] Attorney -In -Fact n Trustee(s) ❑ Guardian/Conservator Fi Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 17- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above