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HomeMy WebLinkAboutspeakTech Inc; 2009-11-19;AGREEMENT FOR SHAREPOINT TEAMSITES GOVERNANCE AND DESIGN SERVICES speakTECH, INC THIS AGREEMENT is made and entered into as of the /?— day of 20 G<I, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and speakTECH, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a vendor that is experienced in Microsoft SharePoint governance development and design of team sites in a Microsoft Business Productivity Online Suite (BPOS) environment. B. Contractor has the necessary experience in providing professional services and advice related to developing a governance plan and designing team sites in Microsoft SharePoint in a BPOS environment. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed forty three thousand dollars ($43,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this City Attorney Approved Version #05.06.08 Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Travel expenses shall conform to the City's Travel Policy specified in Exhibit "B". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any City Attorney Approved Version #05.06.08 subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version #05.06.08 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #05.06.08 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Bill Beer _ Name flnurt Title Informal- inn Tpr,bnologv Manager Title Department iNformation Technology Address City of Carlsbad Avcft-4CS Crf^a M42fl, Address 1635 Faraday Ave. Phone No. Carlsbad. CA 92008 Phone No. 760-602-2451 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, City Attorney Approved Version #05.06.08 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #05.06.08 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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 making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #05.06.08 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR speakTECH, Jrnc *By: CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor' ATTEST: (e-maiJaddress) 'By: (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALQ^JlSlL, City Attorney Deputy City Attorney City Attorney Approved Version #05.06.08 EXHIBIT "A" Introduction speakTECH will work with the City of Carlsbad team to execute on their Team Site Governance Plan and Design for Microsoft Office SharePoint Server 2007 and Microsoft Business Process Online Services (BPOS) environment. speakTECH can offer the City of Carlsbad a Needs Assessment for the Governance Plan and Design Project based on SharePoint 2007. speakTECH will provide a roadmap plan for a successful Governance Plan and Design deployment as well as a requirements definition for the City of Carlsbad. The City of Carlsbad would like speakTECH to determine and recommend the best solution for the City of Carlsbad based on a SharePoint needs analysis and governance engagement. speakTECH will provide a roadmap plan for a successful Governance Plan and Design and gather requirements definition for the City of Carlsbad. Our Governance framework is a set of roles, responsibilities, and processes put in place in an enterprise to guide the development, growth and maintenance of SharePoint. We will increase your organization's efficiency and empower users for rapid adoption by closely aligning business goals with the final implementation. The City of Carlsbad Governance Plan will provide guidance on the following: 1. Develop taxonomy models for site and new site provisioning 2. Develop deployment framework of the information architecture 3. Gather requirements for team site collaboration for 26 departments 4. Gather requirements to develop feasibility of integration into an existing Document Management System 5. Ensure system provides managed and efficient, sustainable and strategic 6. Provide recommendation of implementation phases (current and future ) 7. Develop road map from Needs Assessment As your vendor, speakTECH will define an implementation plan from this Needs Assessment and Requirement Analysis for a successful Governance Plan. The combination of our business and technology expertise allows us to provide a solution that will scale for your future needs and deliver a superior return on investment. Page 10 of 18 Desired Customer Objective/Outcome speakTECH will work with City of Carlsbad internal teams to gather the correct requirements to get an accurate picture of the current infrastructure as well as the desired uses of SharePoint (long- and short-term) and will recommend a high level architecture, phases, and a governance plan to best implement SharePoint in the City of Carlsbad's unique environment. The City of Carlsbad wishes to start its SharePoint implementation with a site for document management for the City of Carlsbad, which oversees the management and operation of the City of Carlsbad. SharePoint Governance is the set of roles, responsibilities, and processes put in place in an enterprise to guide the development and use of a solution based on SharePoint Products and Technologies. Effective governance can: • Protect the enterprise, such as by helping to ensure regulatory compliance. • Greatly increase the usability of a solution. For example, the governing body in an enterprise can define metadata requirements for all content that makes it easier to categorize and search for the content across the enterprise. • Increase an organization's efficiency — for example, by requiring training as a prerequisite to becoming the administrator of a SharePoint collaboration Web site. An effective governance plan ensures the system is managed and used in accordance with its designed intent to prevent it from becoming an unmanageable system. The management of an enterprise-wide system involves both a strategic, business-minded board to create rules and procedures for the use of the system and a tactical, technically competent team to manage the routine operational tasks that keep the system running. Users of the system will be empowered by a City of Carlsbad and developer community sponsored by the business leaders. The primary goals of a governance project are to: 1. Create the people infrastructure to govern and City of Carlsbad the SharePoint environments 2. Document initial governing policies and procedures of the SharePoint environments 3. Communicate the need for the business to provide City of Carlsbad via people resources. 4. Create documentation from requirements and stakeholders interviews Scope of Work The City's statement of work includes work required to perform a needs assessment, define requirements and produce implementation and governance plans for Microsoft SharePoint. Through interviews with City stakeholders and IT staff, speakTECH will develop a detailed understanding of the current system state, and will develop a complete technical architecture solution to address business and functional requirements. speakTECH will facilitate iterative development cycles, resource design requirements, design options, and the tradeoffs of features to performance and maintenance with the City project team and present a best-practice solution to the City. Page 11 of' speakTECH will provide the City with a detailed project plan outlining the timelines and resource requirements for the subsequent phases of the City's SharePoint implementation project and a SharePoint governance plan. The City's Statement of Work includes the provision of services described herein. • Project Management speakTECH will provide project management services for this engagement. speakTECH will conduct a kick off meeting for the project and work with the City to schedule project team meetings as required. Activities will include monitoring and analyzing project components, risk management, project status, managing, reviewing and auditing project activities, effective client communications and formal change control. Deliverables: • Project Plan • Weekly project status to the City of Carlsbad • Change control documents if required • Needs Assessment speakTECH will conduct a needs assessment by interviewing key stakeholders identified by the City. Requirements shall consider current and future needs. Many Stakeholders may not be familiar with SharePoint capabilities. speakTECH will provide them with the knowledge / information required for them to participate effectively in the assessment. Deliverables: • Detailed documentation of stakeholder interviews • Wireframes and use case documentation (5 wireframes) • Mapping of functional requirements for each stakeholder Division to SharePoint capabilities Implementation High Level Design speakTECH will prepare an implementation high level design based on strategy sessions verifying the overall approach and goals for the immediate and long-term requirements of the City's Intranet. Deliverables: • Architecture high level design • Site Map and Site Collection Architecture • URL namespace architecture Page 12 of 18 Define Recommended Implementation Approach and Timeline speakTECH will prepare a strategic implementation plan for the recommended SharePoint deployment. Implementation plan will include recommended training (relative to the recommended solution) for City business and IT staff. Deliverables: • Deployment Timeline and Schedule • Communications Plan • Deployment Phases Prepare SharePoint Governance Plan speakTECH will develop a governance plan for the City that will deliver a framework for the roles, responsibilities, and processes that will guide the development, growth and maintenance of SharePoint. Deliverable: • SharePoint Governance Plan to include: • Taxonomy models for site and new site provisioning • Site lifecycle management • Enterprise search • Usage monitoring The following documents will be prepared for City signoff: • Site map (in Visio) • Site wireframes (in Visio) • Site collection architecture • Implementation plan • Governance plan Final complete documentation of this engagement including notes and City of Carlsbad information used to compile final requirements for the City of Carlsbad shall be provided on CD and one soft copy, delivered to the City Project Manager. Final City of Carlsbad and recommendations shall be provided on CD and forty (40) hard copies - spiral bound delivered to the City Project Manager. Page 13 of 18 Project Fees The following is a time and materials service offering. We provide a package of services as summarized in the following chart. Resource : Strategize Design Deliver Rate Total Information Architect 98 $185 $18,130 Solution Architect 72 $185 $13,320 Engagement Manager 36 $185 $6,660 Estimated Travel Expenses $2,000 Estimated Totals 206 $40,110 Fee Detail Chart *jjx Project Kickoff Engagement Kickoff meeting will not go beyond 4 hours. EM will write up project plan after kickoff. Project has been well defined and does not go beyond the scope of Requirements Documentation and Governance for the City of Carlsbad's intranet. Assumes Key Decision makers are Meeting Stakeholder Interviews Write up of use cases, requirements Wire Frames Strategy Sessions Governance Plan/BPOS Write-up Engagement Management Totals Manager Information Architect Information Architect Information Architect Solution Architect Solution Architect Engagement Manager Rate: $185/hr 4 33 35 30 40 32 32 206 Project Plan Use case documentation, Requirements Documentation Use case documentation, Requirements Documentation Wire Frame Documentation Governance Plan Governance Plan Project Management $185 properly identified. Assumes key stakeholder interviews will take no more than 20 hours. Additional hours are for documentation. Assumes City of Carlsbad staff is available at appointed times and no delays occur waiting for staff. Assumes no more than 5 wire frames. Assumes strategy sessions will take no more than 40 hours. Additional hours are for documentation. Assumes City of Carlsbad staff is available at appointed times. Assumes Key Decision makers are available at appointed times so that decisions do not have to be revisited. Includes Recommendations / matrix for BPOS write-up Assumes customer is 72-hour responsive to requests and does not need excessive follow-up reminders. $38,110 Assumptions • This is a Time & Material contract; scope and hours will be managed by speakTECH and the client. If any task is completed in fewer hours than estimated, the hours not required will not be billed. • Work will be performed at speakTECH offices, and onsite at The City of Carlsbad office. • Exact resources will be determined based on the project start date and resumes for resources will be presented prior to starting the project for the City of Carlsbad approval. • All necessary access to The City of Carlsbad personnel and systems will be provided in a timely manner to facilitate development and delivery of the solution. • The City of Carlsbad will provide: • Access to the site for purposes of assessing the environment. Access to City of Carlsbad provided M-F 8:30-5:00 excluding holidays. • Office space, Access to servers as required, software and other equipment required to complete the project. • Billable time is based on signed off timesheets, presented on a bi-weekly basis. • Timesheets not returned by the Customer in 5 business days will be automatically deemed approved. Page 16 of 18 Project Management Methodology Our agile methodologies promote an incremental, iterative approach to development of functionality, with visibility of the impact of changes given through Quality Assurance. Our methodology focuses on short 30-day iterations driven by the client's prioritizations of the tasks to be delivered. The following iterative cycle reduces risk and is core to our success. • Client Planning • Delivery Planning • Iteration Deliverables Project Management and Control speakTECH project management activities include monitoring and analyzing project components, risk management, project status for the City of Carlsbad, managing, reviewing and auditing project activities and effective client communications. speakTECH can provide examples of forms and controls that are used throughout the project. Change Control is a key aspect of this and the role the Engagement Manager will provide is outlined below. Project status is also a key aspect of this and is outlined below. Change Control During the proposed project, items might arise that are outside the scope of work contemplated by either party. To address such items so that they are given proper consideration and to increase the probability that project scope is carefully managed and costs are contained, speakTECH will employ a formal change control process. The proposed change control process that we will employ is as follows: o Identify and document o Assess and prioritize o Estimate required effort o Monitor and City of Carlsbad progress Page 17 of 18 o Approve/disapprove o Communicate change resolution Status Project status will be provided by speakTECH engagement manager to the City of Carlsbad via weekly status reports. If required, the City of Carlsbad management will be able to log onto an extranet site that the speakTECH engagement manager maintains on an ongoing basis. Milestones A sample milestone which has been established for this project is: Anticipated Timeline & Project Plan 1QOOOM Project Klckoff 10K9/2009 Signoff 1 «M5 • 10/13 J StaketoKter interviews & Infrastructure interviews 1Clrt3 - 10/19 1(V13.)0/29 j CofnpteteProjKaDeHvwables * act, s, 09 - - " » Page 18 of 18 Exhibit "B' CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: Policy No. 2 (Page 1 of 5) Date Issued 12/14/99 Effective Date 12/14/99 TRAVEL POLICY Cancellation Date Supersedes No. 2 (Dated 12/19/89) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish a policy to be followed by Council Members, other elected officials, commission/board members, and all City employees when traveling on City business. This policy supersedes all other travel policies. BACKGROUND: Occasionally, it is necessary for City personnel to attend meetings, travel outside the City to conduct City business, and attend conferences, seminars and training sessions. Various modes of transportation are available and other associated costs vary considerably. The City Council has adopted a policy to control the costs involved, and to compensate individuals for actual necessary expenses related to travel and meetings. DEFINITIONS: City Business Travel shall be defined as travel which requires elected officials, members of a commission or board, or City employees to conduct specific items of City business away from their normal place of business. City Employee means any person regularly employed by the City, excluding elected officials and members of commissions, committees, authorities or boards. Commissioner shall mean any person appointed by the City Council to an established board, committee, authority or commission. Out-of-State Travel includes all costs related to business travel outside the State of California. In-State Travel includes all costs related to business travel within the State of California. Miscellaneous Meals/Mileage includes all miscellaneous costs not directly attributable to conferences or training, such as travel to other City facilities. Exhibit "B' Exhibit "B" CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. 2 (Page 2 of 5) Date Issued 12/14/99 Effective Date 12/14/99 General Subject: Specific Subject: TRAVEL POLICY Cancellation Date Supersedes No. 2 (Dated 12/19/89) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File POLICY IN GENERAL: 1. Requests for travel shall, in all cases, be limited to situations from which the City will derive a benefit through the attendance of a representative. 2. For City Council Members, all travel involving more than five (5) days should be approved in advance by the Council. Travel of five (5) days or less need not have prior approval if funds are available in the current budget. The Mayor is authorized to approve extended overnight travel for emergency cases. 3. Except for elected officials, commissioners and board members, and Council appointed employees, the number of City employees attending any single conference should be limited to those whose attendance will provide a benefit to the City. Any number of elected officials, commissioners, or Council appointed employees may attend conferences provided that funds are available for such purposes. 4. The City Manager, or his/her designee, may approve any in-state travel, travel specifically approved in the operating budget, and any travel for educational purposes. The City Manager (or his/her designee) may also authorize out-of-state travel for unanticipated purposes if funds are available and the subject travel has a duration of two days or less (one night's stay). Unanticipated out-of-state travel for a duration exceeding two days must be authorized by the City Council. 5. Each officer, employee, advisory commissioner, and board member of the City is expected to be as thrifty and prudent as possible when traveling at the City's expense. To ensure that City officers, employees, commissioners and board members are able to travel when necessary to accomplish essential City business, travel funds must be expended in the most economical and efficient way possible. 6. Receipts are required for all business travel expenses such as transportation, lodging and incidental costs exceeding five ($5) dollars. In order to comply with IRS Regulations, receipts are required for all meal and entertainment expenses in excess of $75 per meal or item. In addition, for all travel expenses (including meals and entertainment), the following information must appear on the expense report and/or the receipts submitted: a. The amount of the expenditure. b. The date and place of the expenditure. Exhibit "B" c. The business purpose of the expenditure. d. The business relationship to the person entertained, as well as the individuals' names. Exhibit "B' CITY OF CARLSBAD Policy No. 2 (Page 3 of 5) COUNCIL POLICY STATEMENT Date Issued 12/14/99 Effective Date 12/14/99 General Subject: TRAVEL POLICY Cancellation Date Supersedes No. 2 (Dated 12/19/89). Specific Subject: Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File POLICY IN GENERAL (Continued): The IRS also requires that if the expenditures are not substantiated with the above information, they may be considered "wages" subject to payroll tax withholding. The use of a City credit card for payment of business meals and entertainment does not preclude the requirement to complete and submit an expense report. 7. Travel advances to City employees need to be substantiated or reimbursed as soon as possible upon completion of trip (normally within 30 days). If the expense report is not filed timely, any travel advances may be subtracted from the employee's payroll check. No further City funds will be advanced for travel until the employee files his/her outstanding expense report. 8. Administration of this policy will be as directed from time to time by the City Manager. TRANSPORTATION: 1. Use of air, train, private automobile, or other mode of public transportation shall be selected on the basis of the least total cost to the City after all expense items are tabulated, including travel time salary costs. 2. When the use of a private automobile to destinations within 200 miles of the City limits is approved, mileage reimbursement shall be at the rate then currently prescribed by IRS regulations. Individuals with an auto allowance will not receive mileage reimbursements for trips within 200 miles of the City limits. However, use of City-owned vehicles is allowed for travel within 200 miles of the City limits. If use of a private automobile to destinations beyond 200 miles is approved by the City Manager or his/her designee, including those individuals with an auto allowance, reimbursement shall not exceed the cost of a round trip coach or equivalent class air fare. Exceptions are subject to approval by the City Manager or his/her designee (such as in cases where required items to be transported are not allowed on any mode of public transportation). Such reimbursement shall be computed based on the mileage from the normal work location to the final destination. For the purpose of determining personal vehicle mileage reimbursement, the designated normal work location for each City employee is the place where that employee spends the largest portion of his/her regular workday or working time, or the place to which he/she returns upon completion of regular or Exhibit "B" special assignments. The cost of the daily commute to the office is the employee's responsibility. 3. When the use of public air carrier is approved, the City shall pay the lowest available fare at the time the reservation is booked. Upgrades to a higher class of air service will be at the employee's expense. Exhibit "B' CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: Policy No. 2 (Page 4 of 5) Date Issued 12/14/99 Effective Date 12/14/99 TRAVEL POLICY Cancellation Date Supersedes No. 2 (Dated 12/19/89) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File TRANSPORTATION (Continued): 4. Authorized travel time shall be based on that required by the most appropriate and expedient mode of public transportation. The additional travel time will not be considered City work hours. 5. While traveling, employees are encouraged to use public transportation whenever possible. For example, courtesy shuttle service, buses, taxis, or limousine service should be utilized between airports and meeting locations when such services are reasonably available. Rental vehicles should be used when other transportation is unavailable, untimely, or a rental vehicle is the most economical mode of transportation. 6. Reimbursement for travel time will be made in accordance with FLSA guidelines. LODGING: 1. Lodging shall be obtained at the most economical rate available for good quality lodging. When there is an officially designated conference hotel, the traveler is encouraged to take advantage of these accommodations. Lodging expenses for spouses are not reimbursable, and any additional expenses must be paid by the elected official, commissioner or employee. 2. Business related telephone charges which are added to the lodging bill may be reimbursed. Reimbursement of personal calls will be allowed in an amount not to exceed the higher of $10.00 per day or ten minutes of phone time. Reimbursement of personal calls in excess of this limit may be authorized by the City Manager or his/her designee, under special circumstances. MEALS AND INCIDENTAL EXPENSES: 1. Notwithstanding other limits stated elsewhere, the City Council will be reimbursed the actual costs of meals, plus tips and incidental expenses while on official City business. 2. Each commissioner or employee authorized to travel may submit the actual cost of meals, tips and incidental expenses for reimbursement up to a limit of $50 per day. If it is anticipated that this limit will Exhibit "B" be exceeded, then prior approval by the City Manager or his/her designee is required. The City Manager may approve such additional expenditures, within the limits of his/her expenditure authority, as necessary. Exhibit "B' CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: Policy No. 2 (Page 5 of 5) Date Issued 12/14/99 Effective Date 12/14/99 TRAVEL POLICY Cancellation Date Supersedes No. 2 (Dated 12/19/89) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File MEALS AND INCIDENTAL EXPENSES (Continued^ 3. The City will not reimburse the cost of alcoholic beverages. 4. Reasonable amounts for tipping will be reimbursed, however, reimbursement for tips will not be made in excess of 20%. Exhibit "B' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT II I 1i i I I State of California County of On 1ft Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person^ whose name(^) is/ah^ subscribed to the within instrument and acknowledged to me that hVshe/th^y executed the same in X -A. A A A A A A A A JV PHILLIP R. GUSTAVSON Is COMM. #1786805 3 NOTARY PUBLIC - CALIFORNIA —| ORANGE COUNTY O My Comm. Expires January 21, 2012 h\/her/the^ signature^ on the instrument the person^, or the entity upon behalf of which the person^) 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 m Place Notary Seal and/or Stamp Above Signature: 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. Description of Attached DotiUment JL Title or Type of Document: (JvM/VffJM<JI Document Date:. 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