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HomeMy WebLinkAbout12-25 Resolution No. 12-25 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STERN CONSULTING, LLC FOR CUSTOMER RELATIONSHIP MANAGEMENT CONSULTING SERVICES IN CONNECTION WITH THE 311 CALL CENTER PROJECT (Phase 4) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall,City Manager,and Kimberly A.Dewis, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Stern Consulting, LLC for customer relationship management consulting services in connection with the 311 Call Center Project(Phase 4),a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 8th day of Jebruarr. 2�Wl, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY'') and Stern Consulting, LLC, an Illinois limited liability company (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY has previously engaged the CONSULTANT to furnish certain professional services in connection with serving as a customer relationship management consultant in connection with the CITY'S proposed 311 call center(hereinafter referred to as the"PROJECT"); and WHEREAS,the CITY wishes to retain the CONSULTANT for additional Phase 4 services for the PROJECT as hereinafter described; and WHEREAS, the CONSULTANT represents that it has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City Manager of the CITY, or his designee, hereinafter referred to as the"DIRECTOR". B. CONSULTANT shall perform the Phase 4 services for the PROJECT as outlined in CONSULTANT'S statement of work (SOW) Phase 4 dated November 17, 2011, consisting of nine (9) pages, a copy of which is attached hereto and made a part hereof as Exhibit A. 2. SCHEDULE AND PROGRESS REPORTS A. The CONSULTANT shall initiate the work to be performed pursuant to this Agreement upon entry into this Agreement and shall complete all of the Phase 4 services within twenty-eight(28) weeks. B. The CONSULTANT will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including,but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided,however,that the CONSULTANT may retain copies of such work product for its records. CONSULTANT'S execution of this Agreement shall constitute CONSULTANT'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest,by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT A. For the Phase 4 services to be provided the CONSULTANT pursuant to this Agreement, shall be paid at the rate of the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed Fifty-Nine Thousand Seven Hundred Ten Dollars ($59,710) regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the scope of the work are authorized in writing pursuant to an amendment to this Agreement executed by the parties. B. PROJECT expenses are limited to ground transportation and meals and shall not exceed One Thousand Dollars ($1,000) and are included within the above not-to- exceed amount of$59,710. C. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in Exhibit A, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (213 above) will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done - 2 - under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'S work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within fifteen(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT'S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims - 3 - it may otherwise be entitled pursuant to law, including, but not limited to, the local Government Prompt Payment Act, as amended, (50 ILCS 501/1, et seq.) or the Illinois Interest Act,as amended(815 ILCS 205/1,et seq.). The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one (1) year of the date the alleged cause of action arose or the same will be time barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief,including,but not limited to,workers compensation claims,in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, - 4 - alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT'S Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the construction,unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. - 5 - 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the - 6 - enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. - 7 - 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to the CITY: Dan Ault, Management Analyst City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Spencer Stern, President Stern Consulting, LLC 2318 Ridge Avenue Evanston, Illinois 60201 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the - 8 - CONSULTANT shall comply with all applicable federal,state,city and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT'S compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT'S relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELG By: Sea.W Stegall, City Manager Attest: �L� 1�� City Clerk STERN CONS G, LLC: By: Spencer Stern, President FALegal Dept\Agreement\Consultant Agreement-Stem Consulting-311 Initiative-Phase 4.doc - 9 - ATTACHMENT A SCOPE OF SERVICES - 10 - STERNYC-ONSULTING Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 Statement of Work (SOW) 311 Initiative Phase 4 November 17,2011 Mr. Dan Ault City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Ault: Our Understanding of Your Needs The City of Elgin is entering Phase 4 of the 311 Initiative and has requested continuing support from Stern Consulting. As a recap, the 311 Initiative phases are listed below: Phase _ Description 1 Launch Info One call center in Public Works 2 311 Business Case Assessment 3 Requirements Definition, RFP Development, and initiating Marketing Communications development 4 Vendor selection and contract negotiations 5 Soft launch of the 311 call center for the three pilot teams 6 Full scale deployment of 311 for three pilot teams This SOW captures all the key tasks and deliverables required in Phase 4 that is necessary to help move the 311 Initiative to Phase 5. SOW Tasks Section 1 - Vendor Selection Services Description: This task involves gathering and analyzing data for evaluating the vendor responses and facilitating discussions with the City's'evaluation committee on the requirements, determining the extent to which their solution addresses the City's needs,and defining vendor strengths and weaknesses. Stern Consulting will support Elgin's analysis of proposals. The decision regarding which vendors are elevated is the sole responsibility of Elgin. Stern Consulting does not make any recommendation on software,but will point out critical issues for Elgin to consider in making its choice. In addition, Stern Consulting will provide a tool for the use of committee members to evaluate and rank the RFP responses This will aid the discussion on which vendors are selected to return for the on-site demo. 0 Stern Consulting,LLC,2011 STER-N C-ONSULTING ' lsiq icss's:1�%bM'.p Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 Conduct Bidders' Conference A key component for the RFP process is to develop the agenda and materials to conduct the bidders' conference. The conference will be held approximately two weeks after the RFP is issued. Stern Consulting will moderate the conference which will include all Executive Steering Committee members plus representatives from other departments as required. For any questions not addressed during the conference, Stern Consulting will work with the ESC to develop appropriate responses and post them to the City's website in a timely fashion. Stern Consulting will deliver a coaching session for the Elgin employees that will be attending the bidder's conference to ensure that everyone is appropriately prepared. Elevation Methodology Stern Consulting utilizes an"elevation"methodology in selecting software vendors. After the responses have been reviewed by the evaluation committee,no more than three vendors will be"elevated"to the next stage in the procurement process, which is the on-site demo. Stern Consulting will play an active role in providing analysis and facilitating information sessions with vendors to assist Elgin in making an informed decision. Stern Consulting will develop a summary document that details the key issues. As a component of this task, Stern Consulting will prepare a Systems Procurement Plan for Elgin. The Systems Procurement Plan will describe the procurement process,evaluation criteria, and the governance structure Elgin should use during the procurement process. Elgin and Stern Consulting will work together to provide information for this plan. After the vendors reach the elevation stage, Stern Consulting will then prepare demonstration scripts for each vendor and facilitate an on-site demonstration with each of the elevated vendors. Stern Consulting will facilitate a '/s day of software demonstrations for each of the three vendors elevated to this stage and .provide a tool for each committee member to record their vendor evaluations. The evaluation committee should budget four hours per vendor to view the demos. Stern Consulting will also facilitate a session with the committee to assist in identifying issues as Elgin elevates two(or one)vendors for the Best and Final Offer(BAFO) stage. The demonstration scripts will consist of actual tasks that the CRM software should be able to deliver. These could be service or information requests. In addition,reporting capabilities will be verified. The scripts should focus on the activities/services of the three pilot teams. During this task,the following items will be completed: Key Activities: Kev Deliverables: • Develop a vendor list • Bidder's conference coaching session • Identify the vendor decision criteria • Finalized list of elevated vendors • Review RFP responses and develop list of • Systems procurement plan finalists • Vender RFP evaluation matrix • Develop demonstration scripts • Proposal analysis—summary of key issues • Develop list of vendor questions • Vendor demonstration scripts • Plan and conduct vendor demos • Vendor demonstrations • Develop vendor evaluation summary • Vendor demonstrations evaluation matrix • Demonstration scoring/summary • Develop TCO model 2 STERN CONSULTING Fy s:sue�em:d,ie n:snrm Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 .Key Activities: "Kev Deliver�bles: • Facilitate selection decision • Refine overall Total Cost of Ownership (TCO) Model • Notify vendor of selection (completed by the City) Timeline—Vendor Selection The following is a proposed timetable for this project(Please note that exact dates are not provided because a specific kick-off date for Phase 4 has not been identified). As mentioned previously, Phase 4 begins after the 311 RFP has been issued. Description Timing Conduct bidder's conference Week 1 Develop responses to bidder's conference Week 2 Vendors prepare RFP responses Weeks 3-6 Evaluation team conducts RFP Review Weeks 7-10 Elgin notifies vendors of elevation Week 10 Vendors prepare for on-site demos Weeks 11-14 City conducts on-site demos for elevated vendors Week 14 Identify and notify top two vendors for BAFO Weeks 16-17 Section 2 - Contract Negotiations Process Description: this section details the activities that should occur during this phase to ensure the successful negotiation of a contract and related vendor SOW. The phase ends when a contract is established with the elevated vendor. The graphic below provides a high-level view of the contract negotiations process. Fhase 4;- Cont� ra,ct Negoti`ati�ons uqnc ons' no ay Fnaliie 4T Starict __ _:. Ghecklfist Letters tatement of Work: [)eployment, 'P OjeOtManagement 3 5TERN+E:0 NSULTING - tm:y Iusab:a nl Urrr. Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 2.1 Contract Negotiations Checklist This phase begins once Elgin has completed the vendor demonstrations and needs to make a decision about which vendor to select for competitive negotiations. Stern Consulting will jointly develop with the City a contract negotiations checklist that will be sent to each elevated vendor. As part of the methodology, Stern Consulting will work with Elgin to facilitate a one-day workshop, termed `Discovery' with each of the two vendors identified for competitive contract negotiations. If the City elects to elevate only one vendor, this phase will be skipped. However,for purposes of this response, it is assumed that two vendors will be elevated,necessitating the Discovery phase. During this task, the City will issue Discovery letters to the-vendors informing them that they have been elevated to the next phase. The evaluation committee should be prepared to be very fluid and flexible during this task as negotiations are unpredictable. 2.2 Discovery Session This session takes place before formal negotiations begins. The Discovery session provides the vendors with an opportunity to gather the information necessary to further clarify their proposals, having learned more about your organization during their on-site demos. Shortly after the session, the vendors are requested to produce updated pricing and clarify remaining issues. These formal documents may be attached to the vendor's finalized SOW. 2.3 Finalize,Statement of Work Too often,organizations are pitted against vendors that have negotiated contracts many times before. Understandably, software vendors and their implementation partners want to maximize profit and minimize risk. Stern Consulting has developed a unique competitive contracting advantage that we plan to utilize for this engagement. Stern Consulting plans to utilize Nadeen Biddinger(please see resume included at the end of this SOW) as the negotiations specialist. Ms. Biddinger has reviewed more than 100 public sector IT procurements in the past ten years. Ms. Biddinger will provide a contract negotiations checklist for Elgin that details the key negotiation items for both the Software License Agreement(SLA) and Implementation Services Agreement (ISA). Once again, these are based on Ms. Biddinger's extensive experience in the public sector IT marketplace. This will allow Elgin to determine the high priority contractual items as it enters into the negotiation process. SOW Development Once a single vendor finalist is identified, we develop an el oh ing SOW. This SOW is a detailed document that specifies a systematic approach for the implementation and outlines roles/ responsibilities of all parties involved. As discussions continue, the SOW becomes a very detailed and well-defined document. Part of the reason that the implementation phase for our clients has gone so successfully is because of the detailed work conducted during the SOW development. Elgin will take the lead in the following tasks: ➢ Serve as"lead"during contract negotiations ➢ Coordinate purchasing agent and legal services during this phase Prepare SOW request to vendor(s)using the template provided 4 STER-N CONSULTING Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 Kev Activities: -Key Deliverables: • Maintain communications with vendors • Contract negotiations checklist • Prepare contract negotiations checklist • RFC letter • Prepare agenda for discovery session • Discovery letters and agenda and • Facilitate discovery sessions and prepare staffing sessions Request for Clarification(RFC) letters • SOW request to finalist vendor • Review software license and • Finalized contract implementation services agreements • Provide SOW template • Participate in contract negotiations discussions • Conduct site visits of elevated vendors Timeline—Contract Negotiations The following is a proposed timetable for the tasks listed above. (Please note that exact dates are not provided because a specific kick-off date for Phase 4 has not yet been identified). Description Timing Conduct final selection analysis, including site Weeks 17-20 visits and SOW updates Notify selected vendor and initiate contract Week 21 negotiations Institute contract negotiations Weeks 22-25 Finalize SOW Weeks 26-28 Secure City Council approval TBD Begin implementation TBD Phase 4 -Assumptions > This project is estimated to take 28 weeks to complete. Stern Consulting will expect sufficient access to the City's senior and middle level management to ensure efficient execution of project plans, and to drive accountability from project teams. > The City will assist in gathering data required by the SOW. Overall timing of this project will be subject to the responsiveness and availability of City resources. Bi-weekly status meetings will be conducted by phone to discuss project status and next steps. > Dan Ault,or another appointed City employee,will be the project manager for this engagement to assist with coordination of all client resources and participate in day-to-day project activities. Elgin personnel must have the appropriate background, experience and training necessary to fulfill their roles as defined in this SOW. > All information provided by Elgin before and after the execution of this SOW will'be considered complete and accurate. > While on-site, the City will provide Stern Consulting adequate working space with access to phone, Internet connectivity, secure filing for documentation, etc. 5 STERN CONSULTING - -'•r L rrq HckrtlW,�un!r;r Stern Consulting 2318 Ridge Avenue 773.96 .1650 Evanston, IL 60201 Elgin will undertake its responsibilities contained in this SOW with reasonable diligence including, ensuring that its personnel shall a)have the appropriate decision making authority and promptly make all required decisions;b)promptly review all deliverables and other documents as requested; and c)provide reasonable cooperation necessary to the success of this project. > In the event of turnover within Elgin staff, Elgin shall ensure that an appropriate and timely knowledge transfer takes place and that the succeeding personnel will adhere to the policy and business decisions made by their predecessors. > Elgin will accept or reject final deliverables, in writing, within seven(7)business days after receiving them. Stern Consulting will make one revision to the draft documents, which will respond to the City's feedback. > Elgin will be responsible for administering and sending out the RFP and conducting the Bidder's Conference. > Stern Consulting assumes that seven vendor responses will be received and that three vendors will be elevated for on-site demos. > Final decisions regarding the CRM software vendors that will participate in the on-site demonstrations will be the responsibility of the evaluation committee. Stem Consulting will help evaluate the vendors,but the City will make the ultimate decision. > If additional information regarding the CRM vendor and software product is needed to complete the evaluation, Stern Consulting will provide coaching and sample questionnaires for conducting any reference calls or site visits. > If any changes in scope are needed, Spencer Stern will work directly with the City's project manager to identify the impact to the timetable, deliverables, fees, and complete a written addendum to the SOW,which will be incorporated into the overall contract. Additional Tasks In addition to the specific task listed in this SOW, Stern Consulting will continue to perform the following tasks: > Change Management planning > Business Process Re-engineering(BPR) > Call Center Planning > Procurement of the 311 phone number > Project Ambassador meetings > Identification of personnel to transition into the 311 call center 6 STERN E:ON5ULTING Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 Project Cost The project cost is detailed below `Description Hours :Hourly-, Total Rate- Vendor Selection 175 $175 $30.635 Contract Negotiations 95 $185 $17,575 Project Management 60 $175 $10,500 Project Expenses $1,000 Total 330 $59,710 Expenses will be limited to ground transportation to Elgin plus meals. The$1,000 is an estimated amount, and expenses will be reimbursed at the actual amount. It is anticipated that Stem Consulting will make a minimum of two to four trips per month to Elgin, in addition to conducting conference calls and web meetings as required. If additional trips are required, they will be made. Stern Consulting will invoice Elgin on the 15th and at the end of each month. The professional fees and expenses (if applicable)will be included in each invoice. Start Date Phase 4 will be initiated in December; after the RFP has been issued. This SOW will take approximately 5-6 months to complete. Thank you for the opportunity to continue to work with the City of Elgin. Sincerely, Spencer Stern President The City of Elgin hereby authorizes Stern Consulting to commence work on the City of Elgin 311 Initiative- Phase 4 as specified within this SOW and contingent on any changes noted in writing—either by attached memorandum or on this document. Sean Stegall Date Spencer Stern Date City Manager President Elgin, IL Stern Consulting 7 STERN yC;ONSULTING Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201, PROJECT TEAM RESUME NADEEN BIDDINGER—CONTRACTS SPECIALIST Nadeen Biddinger has served as a Senior Manager for four and half years with the Government Finance Officer's Association (GFOA) working with various government clients on ERP projects as Senior Manager, and handling most of the contract negotiations activities for other GFOA client projects. Prior to that, she had a 22-year career in local city and county government in a variety of areas. She served as Deputy CIO, Chief of Operations for a large Prosecutor's office, Chief Deputy for the County Clerk and Election Board, and Executive Assistant to the County Auditor. SPECIFIC EXPERIENCE Ms. Biddinger has served as Project Manager for the following ERP projects: • Encina Wastewater Authority in Carlsbad, CA • The City of Topeka, KS • The Lafayette Consolidated Government, LA • The City of Sheridan,WY • The City of Santa Ana,CA • Cherry Creek Schools, CO • Littleton Public Schools, CO • Pinellas County, FL • City of Indianapolis/Marion County, IN • Hanover Park, IL Ms.. Biddinger has successfully negotiated contracts between the successful vendor and the projects listed above. In addition, she has negotiated contracts for the following clients: • The City of Cape Coral, FL • Bernalillo County,NY • The City of Burbank, CA • The City of Richmond, CA • Moore County,NC • Northern Independent School District,TX • Inland Empire, Chino, CA • Walworth County,WI • Newport, RI • Cleveland Public Library,OH • Humble Independent School District, TX • Northern Colorado Water District,CO • Springfield, IL • Sonoma County, CA • Tualatin Valley Fire and Rescue,OR From a vendor perspective, Ms. Biddinger has worked with the following public sector software vendors and negotiated satisfactory agreements for clients: • Oracle/PeopleSoft • Tyler/MUNIS 8 STEFih`6,ONSULTING -z tm:q L�Wp,a:SY:ry1 Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 • Lawson • SAP • CherryRoad • Mythics • AST • JD Edwards • AMX • Harris • HighLine • CGI-AMS • Ariston • Strategic Information Systems • SunGard Public Sector Accomplishments During her career in government while working for the Information Services Agency Ms. Biddinger participated in the first City/County-wide outsourcing negotiations in 1994 in Marion County, Indiana, and was a key player in 2004 when the City/County issued a new RFP which resulted in extensive contract negotiations with a new outsourcing vendor. Education Bachelor of Science in Business Administration Indiana Wesleyan University Graduated Summa Cum Laude with Outstanding Professional Recognition Indiana University-Purdue University at Indianapolis Paralegal Certification 9 i e DEPORT TO AAAYOR & NAEPABERS OF CITY COUNCIL ELGIN - THE CRY IN THE SUBURBS" AGENDA ITEM: J MEETING DATE: January 25, 2011 ITEM: Agreement with Stern Consulting, Inc. for Phase IV 311 Project Assistance ($59,710) OBJECTIVE: Develop a 311 call center to transform city services and engage the public. RECOMMENDATION: Award a contract for 311 consulting services to Stern.Consulting Inc. in the amount of$59,710. BACKGROUND • The world has changed, and because of this change, it is imperative that we adapt for the chal- lenges that lie ahead. A 311 call center is the tool that can best position the organization to face challenges and to seize upon the many opportunities that also-lie before the city. But 311 is much more than a phone number, it is a system that will transform city services and engage the public in manner not previously contemplated. The project's three core objectives are: Changing Expectations Citizen Engagement Creating Efficiencies Changing Expectations - The city must become more responsive. • Bottom Line- Create a city government that is easier to access and less bureaucratic. • Bottom Line- 311 is a comprehensive system for tracking and improving citizen service. It will change the community's perceptions, attitudes and beliefs regarding the city's ability to serve them. Citizen Engagement The first 311 centers were launched at a time when phone calls were the only option to contact the city. Today, 311 centers take calls and efficiently and effectively use new forms of electronic • communication. This includes email, smart phone/tablet applications and online submissions. 1 Citizen Benefits • Accountability-a service request number and an expected resolution time will be pro- vided to callers • Consistency- the center will be, staffed with well trained citizen advocates that have ac- cess to powerful information resources • Convenience—one easy to use number, web applications and smart phone applications • Single Call Resolutions-most calls will be addressed without a transfer and without the need for a citizen to call back Creating; Efficiencies Today, requests and questions trickle in from a variety of divisions, departments and sources. The 311 system consolidates these different streams of information. The centralized system creates the ability to display a dashboard of what is going on and will help city staff make better decisions..The 311 initiative requires the city to examine processes and procedures, and when appropriate, they will be altered to maximize efficiency and effectiveness. Once implemented, the efficiency and effectiveness.of 311 will be monitored by service level agreements (SLA)...An SLA establishes the amount of time.it will take to resolve various types of requests and provides a tool for measuring department performance and providing citizens with consistent expectations. The 311 center will fundamentally change citizen's interaction with their government. Listed below is a recap of the completed phases. Phase I —Test Proiect (Ongoing) Since July of 2010, a 311 test project (entitled Info ONE) has been underway in the public works department. The test project has identified two necessary enhancements: 1. All contacts must go through a centralized system, including, but not limited to, tele- phone calls, emails and online requests. 2. Efficient access to updated information on programs and projects from all functional areas of the city is essential. The solution that addresses both concerns is customer relationship management software (CRM) and is;found in virtually all centralized call centers. From a technical standpoint, the se- lection and implementation of CRM software is the most critical component of the 311 project. To assist the city through.this process, staff has been supported by Stern Consulting. Spencer 2 Stern, the President and CEO of Stern Consulting, brings years of 311 and CRM implementation • experience. Stern Consulting has assisted the city with the completion of phases two and three. Phase II — Preparing the Organization (Complete) Phase II determined which departments best fit the larger pilot project and more than 70 Inter- views were conducted with staff from a variety of departments. Stern Consulting recommends using several initial pilot areas to test the CRM software. Based on staff interviews, Stern Con- sulting recommends the following departments: City Manager's Office, Code Enforcement, Pub- lic Works and Water/Finance-Utility Billing. Phase III —Process Mapping and RFP Development (Complete) In Phase III, project teams, primarily consisting of personnel from the pilot areas, were formed. The project teams and pilot departments are working together to process map pilot areas, ana- lyze existing technology and provide change management support. The deliverable from phase III is the request for proposal for the CRM software. Phase III was completed through the efforts of 311 project teams. Each team's work during phase III is summarized below. • §Functional:Lead�Tea�!��;�v _ <,_�.-� ;��x�� K. .�.. �����°���=r ������- �,�-°�� ��.°.�s�����.:_t�.`��` Crystal McGuire, Pam Camacho, and Andriana Hernandez o Completed process maps pilot areas to be used to design future state (post 311) pro- cesses Sandra Slad, Elvira Huttner, Claudia Rempala, Toni Frazier, and Barb Malin • Surveyed other 311 centers to determine best practices • Reviewed 311 online self service, training strategies, 311 position descriptions • Reviewed 311 organizational structures • Defined what the top questions are in their functional areas Li Li, Tanuja Daniels, Russ Matson, Sean Nagle, Sara O'Riley, and Jeff Massey o Defined RFP requirements x''az.> ay'T x"F✓ ..,+ '' c ' --- ? Chan,geManagement Champions. x _. Gina Ouimette, Vince Cuchetto, and Colby Basham • Developed project "frequently asked questions". • Interviewed staff members from each pilot area to address departmental concerns and • questions J�� o 3 Karen Geigner, Ron Rudd, Sara O'Riley, Dan Rich, Mike Hall and Jeff yMassey .o Reviewed draft RFP o Reviewed current state processes and developing future state processes OPERATIONAL ANALYSIS A request for proposal (RFP) for CRM software services was issued by the purchasing depart- ment during the week of January 16. The release of the RFP brings us into phase IV of the soft- ware selection process. Phase IV- Selection Process The focus for phase IV is the selection and purchase of a CRM software solution. Stern Consult- ing will provide staff support for this process consistent with a number of other local govern- ments they have assisted through this process. Stern Consulting will provide the following during phase IV: Activities Develop a vendor list • Identify the vendor decision criteria • Review RFP responses and develop list of finalists Develop demonstration scripts • Develop list of vendor questions • Plan and conduct vendor demos • Develop vendor evaluation summary • Facilitate selection decision • Refine overall Total Cost of Ownership Model • Notify vendor of selection (completed by the city)demonstration scoring/summary • Maintain communications with vendors • Prepare contract negotiations checklist . • . Prepare agenda for discovery session • Facilitate discovery sessions and prepare • Review software license and implementation services agreements • Provide statement of work template • Participate in contract negotiations discussions • Conduct site visits.of elevated vendors 'I� kh 4 Deliverables • • Bidder's conference coaching session • Finalized list of elevated vendors • Systems procurement plan • Vender RFP evaluation matrix • Proposal analysis—summary of key issues • Vendor demonstration scripts • Vendor demonstrations • Vendor demonstrations evaluation matrix • Total cost of ownership model • Contract negotiations checklist • Request for clarification letters • Discovery letters and agenda and staffing sessions • SOW request to finalist vendor Finalized contract Stern Consulting estimates that phase IV will be complete by the end of July 2012. Following selection of a software vendor, phase V will begin. Phase V—Community Engagement and Pilot Protect Preparation • Phase V emphasizes community engagement efforts and launching the pilot project. The com- munity engagement efforts will focus on educating the public on how the 311 benefits all geo- graphic and demographic segments of the community. Also, during this phase the pilot project will begin and will include the build out of the 311 center and the launch of the CRM software. Call center structure and staffing will be determined during this phase. Phase VI — Final Integration and Continued Community Engagement In phase VI, non-pilot departments will begin to be integrated into the 311 center and commu- nity engagement efforts will continue. Most notably, during this final phase the 311 center will be publicly launched. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost for services to be provided by Stern Consulting during phase IV is $59,710. Stern Con- sulting has been compensated approximately $59,035 for services and out of pocket expenses • for phases I — III. An estimate for consulting fees associated with phase V of project is $50,000. All 5 The cost of phase V will be impacted by the amount of launch support that is provided by the software firm that is selected. Cost estimates for the CRM software purchase and implementa- tion ranges from $290,000 to $500,000. The cost includes implementation, startup services, software support, technology infrastructure upgrades, building upgrades and two years of call center telephone and operating expenses (estimated at $36,000 to $43,000 annually). BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Riverboat Lease 276-0000-791.30-99 39857A $119,102 $60,067 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires the approval of two-thirds of the city council. .ALTERNATIVES The city council may choose to reject the agreement with Stern Consulting. Rejecting the agreement will inhibit the ability to launch the 311 center in 2013. NEXT STEPS Execute the subject agreement with Stern Consulting. Originators: Dan Ault, Management Analyst Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R.-Stegall, City Manager ATTACHMENTS A: Phase IV Statement of Work li 6 AGREEMENT THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and Stern Consulting, LLC, an Illinois limited liability company (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY has previously engaged the CONSULTANT to furnish certain professional services in connection with serving as a customer relationship management consultant in connection with the CITY'S proposed 31 1 call center(hereinafter referred to as the"PROJECT"); and WHEREAS.the CITY wishes to retain the CONSULTANT for additional Phase 4 services for the PROJECT as hereinafter described; and WHEREAS, the CONSULTANT represents that it has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain.the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to • perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City Manager of the CITY, or his designee, hereinafter referred to as the "DIRECTOR". B. CONSULTANT shall perform the Phase 4 services for the PROJECT as outlined in CONSULTANT'S statement of work (SOW) Phase 4 dated November 17, 2011, consisting of nine (9) pages, a copy of which is attached hereto and made a part hereof as Exhibit A. 2. SCHEDULE AND PROGRESS REPORTS A. The CONSULTANT shall initiate the work to be performed pursuant to this Agreement upon entry into this Agreement and shall complete all of the Phase 4 services within twenty-eight(28)weeks. B. The CONSULTANT will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. • 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including,but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided,however,that the CONSULTANT may retain copies of such work product for its records. CONSULTANT'S execution of this Agreement shall constitute CONSULTANT'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest,by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS.TO THE CONSULTANT A. For the Phase 4 services to be provided the CONSULTANT pursuant to this Agreement, shall be paid at-the rate of the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed Fifty-Nine Thousand Seven Hundred Ten Dollars ($59,710). regardless of the actual costs incurred by-the CONSULTANT unless substantial modifications to the scope of the work are _ authorized in writing pursuant to an amendment to this Agreement executed by the parties. B. PROJECT expenses are limited to ground transportation and meals and shall not exceed One Thousand ,Dollars ($1,000) and are included within the above not-to- exceed amount of$59,710. C. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in Exhibit A, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (213 above)will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized. representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done -2 - under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen (15)days prior written notice to the CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'S work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. 8. NOTICE OF CLAIM • If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made: Any changes-in the CONSULTANT'S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims - 3 - it may otherwise be entitled pursuant to law, including, but not limited to, the local Government Prompt Payment Act, as amended, (50 ILCS 501/1, et seq.) or the Illinois Interest Act,as amended(815 ILCS 205/1,etseq.). The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one (1) year of the date the alleged cause of action arose or the same will be time barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits;judgments, costs;attorneys fees, damages or other relief,including;but not limited to,workers compensation claims,in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this.Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement... 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver.jgjhe DIRECTOR a Certification of Insurance naming the CITY as additional.insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. 'There shall be no endorsement or modification of this insurance to make it excess over other available insurance, -4 • alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The CONSULTANT' shall carry CONSULTANT'S Professional Liability Insurance Covering claims resulting from error,omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for • construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color, creed, national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. - 5 - 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this.Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in noway are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by parties. Each-party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the - 6 - Senforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 25. SEXUAL'HARASSMENT • As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A.' the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 IL,CS 5/2-105. • - 7 - 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to the CITY,: . Dan Ault, Management Analyst City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Spencer Stern, President Stern Consulting, LLC 2318 Ridge Avenue Evanston, Illinois 60201 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the Aft - 8 - . CONSULTANT shall comply with all applicable federal, state,city and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT'S compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT'S relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELGIN: By: Sean Stegall, City Manager Attest: City Clerk STERN CONSULTING, LLC: By: Spencer Stern, President F:\Legal DeptWgreement\Consultant Agreement-Stem Consulting-311 Initiative-Phase 4.doc • - 9 - ATTACHMENT A SCOPE OF SERVICES - 10 - �S STENSU LTING Stern Consulting 2318 Ridge Avenue 773.965.16550 Evanston, 1L 60201 Statement of Work (SOW) 311 Initiative Phase.4 November 17, 2011 Mr. Dan Ault City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Ault: Our Understanding of Your Needs The City of Elgin is entering Phase 4 of the 311 Initiative and has requested continuing support from Stern Consulting. As a recap,the 311 Initiative phases are listed below: Phase$ Descrip�tton NO r � 1 Launch Info One call center in Public Works 2 311 Business Case Assessment 3 Requirements Definition, RFP Development, • and initiating Marketing Communications development 4 Vendor selection and contract negotiations 5 Soft launch of the 311 call center for the three pilot teams 6 Full scale deployment of 311 for three pilot . teams This SOW captures all the key tasks and deliverables required in Phase 4 that is necessary to help move the 311 Initiative to Phase 5. SOW Tasks Section 1 - Vendor Selection Services Description: This task involves gathering and analyzing data for evaluating the vendor responses and facilitating discussions with the City's evaluation committee on the requirements, determining the extent to which their solution addresses the City's needs, and defining vendor strengths and weaknesses. Stern Consulting will support Elgin's analysis of proposals. The decision regarding which vendors are elevated is the sole responsibility of Elgin. Stern Consulting does not make any recommendation on software, but will point out critical issues for Elgin to consider in making its choice. In addition, Stern Consulting will provide a tool for the use of committee members to evaluate and rank the RFP responses This will aid the discussion on which vendors are selected to return for the on-site demo. • 0 Stern Consulting,LLC,2011 i STERN„,G.ONSULTING Baba;wh.W.Cf W Wr,p Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 Conduct Bidders' Conference A key component for the RFP process is to develop the agenda and materials to conduct the bidders' conference. The conference will be held approximately two weeks after the RFP is issued. Stem Consulting will moderate the conference which will include all Executive Steering Committee members plus representatives from other departments as required. For any questions not addressed during the conference, Stern Consulting will work with the ESC to develop appropriate responses and post them to the City's website in a timely fashion. Stern Consulting will deliver a coaching session for the Elgin employees that will be attending the bidder's conference to ensure that everyone is appropriately prepared. Elevation Methodology Stern Consulting utilizes an"elevation” methodology in selecting software vendors. After the responses have been reviewed by the evaluation committee,no more than three vendors will be"elevated"to the next stage in the procurement process, which-is the on-site demo. Stern Consulting will play an active role in providing analysis and facilitating information sessions with.vendors to assist Elgin in making an informed decision. Stern Consulting will develop a summary document that details the key issues. As a component of this task, Stern Consulting will prepare a Systems Procurement Plan for Elgin. The Systems Procurement Plan will describe the procurement process, evaluation criteria, and the governance structure Elgin should use during the procurement process. Elgin and Stern Consulting will work together to provide information for this plan. After the vendors reach the elevation stage, Stern Consulting will then prepare demonstration scripts for each vendor and facilitate an on-site demonstration with each of the elevated vendors. Stern Consulting will facilitate a''/z day of software demonstrations for each of the three vendors elevated to this stage and provide a tool for each committee member to record their vendor evaluations. The evaluation committee should budget four hours per vendor to view the demos. Stern Consulting will also facilitate a session with the committee to assist in identifying issues as Elgin_ elevates two(or one)vendors for the-Best and Final Offer(BAFO)stage. The demonstration scripts will consist of actual tasks that the CRM software should be able to deliver. These could be service or information requests. In addition,reporting capabilities will be verified. The scripts should focus on the activities/services of the three pilot teams. During this task,the following items will be completed: Key Activities: Key DOliverables: • Develop a vendor list Bidder's conference coaching session • Identify the vendor decision criteria Finalized list of elevated vendors • Review UP responses and develop list of Systems.procurement plan finalists • Vender RFP evaluation matrix • Develop demonstration scripts • Proposal analysis—summary of key issues • Develop list of-vendor questions Vendor demonstration scripts • Plan and conduct vendor demos Vendor demonstrations • Develop vendor evaluation summary Vendor demonstrations evaluation matrix • Demonstration scoring/summary Develop TCO model 2 STEK'N"CONSUITING Stern Consulting 2318 Ridge Avenue S773.965.160 Evanston, IL 60201 Kev Activities: Deliverables: • Facilitate selection decision • Refine overall Total Cost of Ownership (TCO)Model • Notify vendor of selection(completed by the City) Timeline—Vendor Selection The following is a proposed timetable for this project (Please note that exact dates are not provided because a specific kick-off date for Phase 4 has not been identified). As mentioned previously, Phase 4 begins after the 311 RFP has been issued. Description Timing Conduct bidder's conference Week 1 —Develop response's to bidder's conference Week 2 Vendors prepare RFP responses Weeks 3-6 Evaluation team conducts RFP Review Weeks 7-10 Elgin notifies vendors of elevation Week 10 Vendors prepare for on-site demos Weeks 11-14 City conducts on-site demos for elevated'vendors Week 14 Identify and notify top two vendors for BAFO Weeks 16-17 Section 2 - Contract Negotiations Process Description: this section details the activities that should occur during this phase to ensure the successful negotiation of a contract and related vendor SOW. The phase ends when a contract is established with the elevated vendor. The graphic below provides a high-level view of the contract negotiations process. s 4�=- y I-a It= ,, e E o 45, Iffig Quality Assurance rru)et.t Management • 3 i STE'R'N G.O NS U.L'T 1 N`G Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 2.1 Contract Negotiations Checklist This phase begins once Elgin has completed the vendor demonstrations and needs to make a decision about which vendor to select for competitive negotiations. Stern Consulting will jointly develop with the City a contract negotiations checklist that will be sent to each elevated vendor.As part of the methodology, Stern Consulting will work with Elgin to facilitate a one-day workshop,termed `Discovery' with each of the two vendors identified for competitive contract negotiations. If the City elects to elevate only one vendor,this phase will be skipped. However, for purposes of this response, it is assumed that two vendors will be elevated,necessitating the Discovery phase. During this task, the City will issue Discovery letters to the vendors informing them that they have been elevated to the next phase. The evaluation committee should be prepared to be very fluid and flexible during this task as negotiations are unpredictable. 2.2 Discovery Session This session takes place before formal negotiations begins. The Discovery session provides the vendors with an opportunity to gather the information necessary to further clarify their proposals, having learned more about your organization during their on-site demos. Shortly after the session,the vendors are requested to produce updated pricing and clarify remaining issues. These formal documents may be attached to the vendor's finalized SOW. 2.3 Finalize Statement of Work Too often,organizations are pitted against vendors that have negotiated contracts many times before. Understandably, software vendors and their implementation partners want to maximize profit and minimize risk. Stern Consulting has developed a unique competitive contracting advantage that we plan.to utilize for this engagement. Stern Consulting plans to utilize Nadeen Biddinger(please see resume included at the end of this SOW)as the negotiations specialist:Ms. Biddinger has reviewed more than 100 public sector IT procurements in the past ten years. Ms.Biddinger will provide a contract negotiations checklist for Elgin that details the key negotiation items for both the Software License Agreement(SLA)and Implementation Services Agreement (ISA). Once again,these are based on Ms. Biddinger's extensive experience in the public sector IT marketplace. This will allow Elgin to determine the high priority contractual items as it enters into the negotiation process. SOW Development Once a single vendor finalist is identified, we develop an evolving SOW. This SOW is a detailed document that specifies a systematic approach for the implementation and outlines roles% responsibilities of all parties involved.As discussions continue,the SOW becomes a very detailed and well-defined document. Part of the reason.that the implementation phase for our clients has gone so successfully is because of the detailed work conducted during the SOW development. Elgin will take the lead in the following tasks: ➢ Serve as"lead"during contract negotiations ➢ Coordinate purchasing agent and legal services during this phase ➢ Prepare SOW request to vendor(s)using the template provided 4 S'TER'N :C..ONSU.LTING '''•'''���U.+n,-U•n:ctaar ai Suau;7 Stern Consulting 2318 Ridge Avenue • 773.965.1650 Evanston, IL 60201 Key Activities: Key Defiverables: • Maintain communications with vendors • Contract negotiations checklist • Prepare contract negotiations checklist • RFC letter • Prepare agenda for discovery session • Discovery letters and agenda and • Facilitate discovery sessions and prepare staffing sessions Request for Clarification(RFC) letters • SOW request to finalist vendor • Review software license and • Finalized contract implementation services agreements • Provide SOW template • Participate in contract negotiations discussions • Conduct site visits of elevated vendors Timeline—Contract Negotiations The following is a proposed timetable for the tasks listed above. (Please note that exact dates are not provided because a specific kick-off date for Phase 4 has not yet been identified). Description Timing Conduct final selection analysis, including site Weeks 17-20 • visits and SOW updates Notify selected vendor and initiate contract Week 21 negotiations Institute contract negotiations Weeks 22-25 Finalize SOW Weeks 26-28 Secure City Council approval TBD —Begin implementation TBD Phase 4 -Assumptions This project is estimated to take 28 weeks to complete. Stern Consulting will expect sufficient access to the City's senior and middle level management to ensure efficient execution of project plans,and to drive accountability from project teams. ➢ The City will assist in gathering data required by the SOW. Overall timing of this project will be subject to the responsiveness and availability of City resources. Bi-weekly status meetings will be conducted by phone to discuss project status and next steps. ➢ Dan Ault, or another appointed City employee, will be the project manager for this engagement to assist with coordination of all client resources and participate in day-to-day project activities. Elgin personnel must have the appropriate background, experience and training necessary to fulfill their roles as defined in this SOW. ➢ All information provided by Elgin before and after the execution of this SOW will be considered complete and accurate. ➢ While on-site,the City will provide Stern Consulting adequate working space with access-to • phone,Internet connectivity,secure filing for documentation,etc. 5 i S T E R!.N_;G,D N'S U`LT1 N G Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston,IL 60201 ➢ Elgin will undertake its responsibilities contained in this SOW with reasonable diligence including,ensuring that its personnel shall a)have the appropriate decision making authority and promptly make all required decisions; b)promptly review all deliverables and other. documents as requested;and c)provide reasonable cooperation necessary to the success of this project. ➢ In the event of turnover within Elgin staff,Elgin shall ensure that an appropriate and timely knowledge transfer takes place and that the succeeding personnel will adhere to the policy and business decisions made by their predecessors. ➢ Elgin will accept or reject final deliverables, in writing, within seven(7)business days after receiving them. Stern Consulting will make one revision to the draft documents-,which will respond to the City's feedback. ➢ Elgin will be responsible for administering and sending out the RFP and conducting the Bidder's Conference. ➢ Stern Consulting assumes that seven vendor responses will be received and that three vendors will be elevated for on-site demos. ➢ Final decisions regarding the CRM software vendors that will participate in the on-site demonstrations will be the responsibility of the evaluation committee. Stern Consulting will help evaluate the vendors, but the City will make the ultimate decision. ➢ If additional information regarding the CRM vendor and software product is needed to complete the evaluation, Stern Consulting will provide coaching and sample questionnaires for conducting any reference calls or site visits. ➢ If any changes in scope are needed, Spencer Stern will work directly with the City's project manager to identify the impact to the timetable, deliverables, fees, and complete a written addendum to the SOW,which will be incorporated into the overall contract. Additional Tasks In addition to the specific task listed in this SOW, Stern Consulting will continue to perform the following tasks: ➢ Change Management planning ➢ Business Process Re-engineering(BPR) ➢ Call Center Planning ➢ Procurement of the 311 phone number ➢ Project Ambassador meetings ➢ Identification of personnel to transition into the 311 call center 6 STEIi'NAC:ONSULTING Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 Project Cost The project cost is detailed below Description Hours Hourly Total Rate Vendor Selection 175 $175 $30,635 Contract Negotiations 95 $185 $17,575 Project Management 60 $175 $10,500 Project Expenses $l,000 Total 330 L $59,710 Expenses will be limited to ground transportation to Elgin plus meals. The$1,000 is an estimated amount, and expenses will be reimbursed at the actual amount. It is anticipated that Stern Consulting will make a minimum of two to four trips per month to Elgin, in addition to conducting conference calls and web meetings as required. If additional trips are required,they will be made. Stern Consulting will invoice Elgin on the 15`b and at the end of each month. The professional fees and expenses(if applicable)will be included in each invoice. • Start Date Phase 4 will be initiated in December, after the RFP has been issued. This SOW will take approximately 5-6 months to complete. Thank you for the opportunity to continue to work with the City of Elgin. Sincerely, Spencer Stern President The City of Elgin hereby authorizes Stern Consulting to commence work on the City of Elgin 311 Initiative - Phase 4 as specified within this SOW and contingent on any changes noted in writing—either by attached memorandum or on this document. Sean Stegall Date Spencer Stem Date City Manager President Elgin, IL Stern Consulting 7 i ST E Fi4i.;:C 0 NS V L T-1N G Uw+q ItttwbOr wi tM1S1r47 Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 i PROJECT TEAM RESUME NADEEN BIDDINGER—CONTRACTS SPECIALIST Nadeen Biddinger has served as a Senior Manager for four and half years with the Government Finance Officer's Association (GFOA) working with various government clients on ERP projects as Senior Manager, and handling most of the contract negotiations activities for other GFOA client projects. Prior to that, she had a 22-year career in local city and county government in a variety of areas. She served as Deputy CIO, Chief of Operations for a large Prosecutor's office, Chief Deputy for the County Clerk and Election Board, and Executive Assistant to the County Auditor. SPECIFIC EXPERIENCE Ms.Biddinger has served as Project Manager for the following ERP projects: • Encina Wastewater Authority in Carlsbad,CA • The City of Topeka,KS • The Lafayette Consolidated Government, LA • The City of Sheridan, WY • The City of Santa Ana, CA • Cherry Creek Schools, CO • Littleton Public Schools,CO • Pinellas County,FL • City of Indianapolis/Marion County, IN • Hanover Park, IL Ms. Biddinger has successfully negotiated contracts between the successful vendor and the projects listed above. In addition,she has negotiated contracts for the following clients: o The City of Cape Coral, FL o Bemalillo County,NY o The City of Burbank, CA o The City of Richmond,CA o Moore County,NC o Northern Independent School District, TX o Inland Empire, Chino, CA o Walworth County, WI o Newport,RI o Cleveland Public Library,OH o Humble Independent School District, TX o Northern Colorado Water District, CO. o Springfield, IL o Sonoma County,CA o Tualatin Valley Fire and Rescue, OR From a vendor perspective, Ms. Biddinger has worked with the following public sector software vendors and negotiated satisfactory agreements for clients: • Oracle/PeopleSoft • Tyler/MUNIS qP 8 STER'N.'C,ONSULTING '�1`F' �si IK4arhCf¢!W:til Stern Consulting 2318 Ridge Avenue 773.965.1650 Evanston, IL 60201 • Lawson • SAP • CherryRoad • Mythics • AST • JD Edwards • AMX • Harris • HighLine • CGI-AMS • Ariston • Strategic Information Systems • SunGard Public Sector Accomplishments During her career in government while working for the Information Services Agency Ms. Biddinger participated in the first City/County-wide outsourcing negotiations in 1994 in Marion County, Indiana, and was a key player in 2004 when the City/County issued a new RFP which resulted in extensive contract negotiations with a new outsourcing vendor. Education Bachelor of Science in Business Administration Indiana Wesleyan University Graduated Summa Cum Laude with Outstanding Professional Recognition Indiana University-Purdue University at Indianapolis Paralegal Certification • 9