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HomeMy WebLinkAbout25A - AGMT - IT SRVS MGT SYSWIFITLoTle TIM,0. CITY COUNCIL MEETING DATE: DECEMBER 6, 2016 TITLE: AGREEMENTS FOR INFORMATION TECHNOLOGY SERVICE MANAGEMENT SYSTEM {STRATEGIC PLAN NO. 7, 2D) {SURPLUS ALLOCATION FUNDING) / ,Z an�� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ;,••:• o Il As Recommended M As Amended El Ordinance on 191 Reading 0 Ordinance on Zd Reading 0 Implementing Resolution M Set Public Hearing For CONTINUED TO Authorize the City Manager and the Clerk of the Council to approve and execute agreement with Cherwell Software for an Information Technology Service Management System for a two-year period, beginning December 1, 2016 through November 30, 2018 in the amount of $61,850, subject to nonsubstantive changes approved by the City Manager and City Attorney. Authorize the City Manager and the Clerk of the Council to approve and execute agreement with Migration Technologies (MiTech) for implementation professional services of the Cherwell system for a one-year period, Beginning December 1, 2016 through November 30, 2017 in an amount not -to -exceed $150,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. This project is in accordance with the City Council -approved Surplus Allocation Plan of October 18, 2015. Department: Project: Category: Total Funding: Technology IT Equipment Upgrades -Computers/ Laptops Mobile Technology Technology $228,276 FY 16-17 DISCUSSION One of the primary goals of the City's Information Technology Strategic Plan focuses on Organization Excellence. The Information Technology (IT) Department supports: 25A-1 Agreements for Information Technology Service Management System December 6, 2016 Page 2 • 24 -location wide area network, including fiber optic and microwave sections • Wireless Wi-Fi network with approximately 250 access points • Telecommunications infrastructure and network to provide communications capability to more than 1,800 extensions in 22 locations • Data center that hosts more than 250 virtual servers, plus storage and backup devices • Support for more than 175 business applications • Approximately 300 cellular phone devices • More than 2,000 PC and tablet devices • Help desk to support more than 1,500 city employees and other key personnel To more efficiently manage this complex environment, log IT help desk tickets and service requests received by users, and manage ongoing projects, it is a best practice to utilize an IT service management system (ITSM). Beginning in February 2016, a selection team consisting of staff from the IT Department, Public Works Department, and Police Department began evaluating several of the top ITSM systems on the market focusing on the mid-range government market. On June 27, 2016, a Request for Information was issued to five viable vendors. The selection team unanimously selected the Service Management system from Cherwell Software based on the functionality of the system, adherence to ITIL standards, and the low cost with which the City could acquire the system by piggybacking on the volume price agreement offered to Los Angeles County, The Cherwell Software system includes modules for the IT Service Desk, Incident Management, Change Management, Knowledge Management, IT Asset Management, Configuration Management, and Project Management. The system also includes a self-service portal to streamline interactions with end users as well as reports and dashboards to more easily manage work activities. On September 28, 2016, a Request for Proposal was posted on the City's website seeking a qualified firm to assist the City with the Implementation of the system and to help define the new business processes within the IT Department. Six firms submitted proposals, none of which were Santa Ana companies. A selection team consisting of staff from the IT Department, Public Works Department, and Police Department evaluated the proposals. Firm Location Score Rank Migration Technologies (MiTech) Camarillo, CA 30.5 1 Beyond 20 Tempe, AZ 23.0 2 Avante Solutions Chicago, IL 21.0 3 StrataCom Colorado Springs, CO 16.5 4 SigmaSoft Dallas, TX 13.0 5 GoCal San Diego, CA 7.0 6 25A-2 Agreements for Information Technology Service Management System December 6, 2016 Page 3 At the conclusion of the RFP process, the selection team unanimously ranked MiTech as the top vendor. The proposal by MiTech contained adequate hours to perform the expected work, and the firm's rates were reasonable and within industry standard. It was also the only firm that proposed an on-site resource for the entire length of the project since it had a local resource in Irvine, CA. The proposal was found to provide the best value and is appropriate for the project because of the firm's qualifications and understanding of the scope. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #2 (establish communications plans to engage and inform employees and the community about City Activities), Strategy D (Invest in software/resources that will help streamline the flow of information to City staff and the public). FISCAL IMPACT Funds will be budgeted and available for the initial purchase and implementation of the system as follows: Description Account Fiscal Year Amount Council Special Projects - IT 05010024-66400 FY 2016-17 $204,375 Equipment Upgrades -Computers/ Laptops Mobile Technology Funds will be budgeted and available for on-going support and maintenance as follows: Description Account Fiscal Year Amount Software Support & Maintenance 10920148-62306 FY 2017-18 $7,475 Total Purchase, Implementation, Support and Maintenance Cost: $211,850 APPROVED AS TO FUNDS AND ACCOUNTS: JA wVl A R�RA�IP r - -� iii::� Jackculla Francisco Gutierrez 00 Chie echnology Innovations Officer Executive Director Information Technology Department Finance & Management Services Agency Exhibits: 1. Agreement with Cherwell Software 2. Agreement with Migration Technologies (MiTech) 25A-3 25A-4 Cherwell CHERWELL ORDER CONFIRMATION order# 10770 SOFTWARE" Customer Name (Must be Full Legal Entity Nam.) City or Sante Ana Det. Issued 11121116 pre aredB Chris Hunt Installation Address (or Company Address If 20 Civic Center Plaza hosted City stet. Zip Santa Ana CA 92701 Primary Contact Jack Clulla COMflnfermatlan OfBner PO# If fn, aired Telephone 714.836.0880 'WI 'a n .er EC.nta. ... License Iter Contact Name Norman Farah T14.647-6589Billing Contact Nama Nermeen Foran Billing Email rvpnra santaana. LIc!qttTjLo Perpetual Hosting Customer Hester - Product Unit Description price Olairsurd, Price Amount Licensed Soihvare Chereeil Service Management (CSM) Concurrent User License. 25 $3,90L00 $2,405.00 $1,495.00 $37,375.00 Trainlag Cnenvell Enterprise 9pbasimon All Access Tralning Pass 1 $17,000.00 $0.00 $12000.00 $17,000.00 Total Contact Value $54,375.00 All Prices in USD "mohmd sm"an ie pno&9 for this Order CoarrmaRon Is pursuant to County oflos Angeles ISO Conduct # MA•IS-0340035, as amended, Which Includes the previefoo of Additional Terms: Cherwell Maintenance& Support ' for the rrst year at no east to Customer, Fees Tor Mammmume and Support earl commence at Day 386 and Will 4e edrad at an annual: cast of $299,00, paruoncun v llicense subject In and through the term of lie ISO Cons aatif MA -M-1340035; No other terms oflSO Croe(rael # MA -/54340030 appy. Use of the Immense` Scented, is subject to the. End -User Unseen, Agreement naleremoeddmthis Order Confirmation. Payment Terms; Payment due within 30 cera of lovelorn. Licensed Soawaton Treating Gasses. muntenanbe & Supnmtbe.Invoiced Immedlaoly:TfalmaS increases are Inverse Immediately, are ndnrefundabla End are valid (or.neyeai fmm dale of ober. Promes err Servlcee to be invoiced: as tendered, Theabove; pacing does not Include am,... icabie: sales tax or similar tax Tblr, enkr cannoneer, .1111 vuslomen aad mon ba arced o,: a no agreement ui aaehed nor License Agreammt(EU.A) X baa /,.wwdaervrorcom/ma uamLeaTOvIA dt (print name and title) ane@rcamen[ Icullatlodl Heated Seinams Addendum (HSA) Does not aopiY ryttoJ/www.Alenweltcom/can,wmdbeal(fisa.pdo Data anwnen rh*re raft -N, U.C. t"ch—1'i and om cwmuo.maaOIn ffi s"nmeneanamed bents bY"raza'[w. 0usmmera6-e ahral Na"adn'. nd Approved as to Form Recommended for Approval Attest Version 2015.6 ohn M. Funk Jack Clulla Maria D. Huizar Assistant City Attorney Chief Technology Innovations Officer Clerk of the Council Exhibit 1 do -01 t12. omole elle,. smtexog celoraao spanuS co Oo U /W -@44000 -.—to -11 — 25A-5 CHERWELL END-USER LICENSE AGREEMENT THIS END-USER LICENSE AGREEMENT ("EULA"), TOGETHER WITH ANY APPLICABLE CHERWELL ORDER CONFIRMATION FORM THAT REFERENCES THIS EULA (COLLECTIVELY, THE "AGREEMENT"), Is BETWEEN CHERWELL SOFTWARE, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("CHERWELL"), AND THE CUSTOMER IDENTIFIED ON THE ORDER CONFIRMATION FORM ("CUSTOMER"). THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND CHERWELL REGARDING THE CHERWELL SOFTWARE PRODUCTS ("LICENSED SOFTWARE") AND THE MAINTENANCE AND SUPPORT AND PROFESSIONAL SERVICES THAT ARE LISTED ON THE ORDER CONFIRMATION FORM. BY INSTALLING OR USING THE LICENSED SOFTWARE, CUSTOMER ACKNOWLEDGES THAT IT HAS READ AND AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, 1. GRANT OF LICENSE 1.1 Perpetual License. The Licensed Software, which includes all configurable and executable application content or "Blueprints," is licensed to Customer for use subject to the terms of this Agreement. Cherwell hereby grants to Customer and Customer fully accepts, upon delivery, a nonexclusive, nontransferable and perpetual (unless terminated as provided below) right to use only the executable version (no source code) of the Licensed Software. Customer is allowed only the numberof concurrent users of the Licensed Software as shown on the Cherwell Order Confirmation Form. If Customer wishes to expand the number of authorized concurrent users covered by the license, Customer can purchase additional user licenses. Customer's authorized concurrent users of the Licensed Software can include Customer, Its subsidiaries and affiliates, and their employees and authorized representatives, agents and contractors. Customer may install copies of the Licensed Software in non -production environments, for purposes of testing, development or disaster recovery, provided, however, that such copies cannot be used for production purposes and there cannot be more than one installation of the Licensed Software in a production environment. In no event shall the number of concurrent users in a production environment exceed the authorized concurrent users covered by the license. 1.2 Intellectual Property Rights. The Licensed Software is protected by copyright and other intellectual property laws. Cherwell retains all rights, title and interest in and to the Licensed Software. Customer agrees that this is a license only and that no title passes to Customer. If Customer makes or installs copies of the Licensed Software as provided in this Agreement, the original and all copies of the Licensed Software may not leave Customer's control and are owned by Cherwell. Customer retains all rights to Its data. 1.3 Restrictions. To the maximum extent permitted by applicable law, Customer may not resell or otherwise transferfor value the Licensed Software without the written consent of Cherwell, Customer may not export, ship, transmit, or re-export the Licensed Software in violation of any applicable law or regulation, including, without limitation, the Export Administration Regulations issued by the United States Department of Commerce and the United States trade embargoes and economic sanctions administered by the U.S. Treasury Department, Office of Foreign Assets Control, or any such similar law or regulation Issued by such othergovernmental entity which may have jurisdiction over such expert. Customer agrees not to: (1) modify, decompile, disassemble or reverse engineer the object code portions of the Licensed Software; (ii) distribute, rent, lease or lend the Licensed Software; or (iii) use the Licensed Software except as expressly permitted underthis Agreement. 2. INDEMNIFICATION 2.1 Cherwell shall defend, Indemnify and hold Customer harmless against all third party claims, Suits, proceedings, costs, damages, losses and expenses (including reasonable attorneys' fees), and judgments incurred, claimed orsustained by Customer arising out of or related to any allegation that any portion of the Licensed Software (including any updates, error corrections, or upgrades thereto), when used solely in the manner and forthe purpose forwhich itwas licensed hereunder, violates any patent, copyright, trade secret, trademark, or other third party intellectual property right. If a claim is filed in a court or other administrative proceeding seeking to enjoin the use of the Licensed Software, Cherwell shall either; (1) at Cherwell's cost, procure for Customer the rightto continue to use the relevant portion of the Licensed Software; (ii) replace, 25A-6 Cherwell US EULA (rev. 23 May 2015) Page A of 5 at Cherwell's cost, the relevant portion of the Licensed Software with a substitute product that functions substantially in accordance with the applicable specifications for that portion of the Licensed Software; or (iii) at Cherwell's cost, modify the Licensed Software so that it does not Infringe or misappropriate, provided that the Licensed Software, as modified, continuesto perform substantially in accordance with the applicable specifications, 2.2 Cherwell's indemnification obligation pursuant to the above shall not apply to the extent any infringement claim Is found to be caused by (I) Customer's use of the Licensed Software In a manner that is not provided for under this Agreement or Cherwell's user documentation; or (II) Customer's use, operation or combination of all or any component or portion of the Licensed Software with all or any portion of other software, equipment or systems not provided or required by Cherwell. As a condition precedent to any liability of Cherwell, If Customer receives notice of any Infringement claims for which indemnification may be available under the above, Customer must promptly notify Cherwell in writing of the Infringement claim. 2.3 Cherwell will have the right to control the defense, select counsel, and direct the course of resolution, Including settlement of any infringement claim (but only if the settlement does not include an admission of liability by Customer, does not involve more than the payment of money and grants Customer a full and unconditional release from all liability with respect to the claim). In addition to the defense provided by Cherwell, Customer may elect to retain Its own counsel, but Cherwell will not be responsible for any fees or expenses of such counsel. 3. WARRANTIES AND DISCLAIMERS 3.1 Limited Warranties. Each party represents and warrants to the other that it has the legal power to enter into this Agreement Cherwell further represents and warrants that: (I) it has the right to grant to Customerthe licenseto use the Licensed Software as setforth in this Agreement without violating any rights of any third party and that, to the best of Cherwell's knowledge, the Licensed Software does not infringe or otherwise violate any intellectual property rights of any third party; (ii) the Licensed Software shall operate In material compliance with Cherwell's user documentation; (iii) all services provided by Cherwell pursuant to this Agreement relating to the Licensed Software will be performed in a timely and professional manner, by qualified and skilled Individuals, and in conformity with standards generally accepted in Cherwell's industry; and (iv) the Licensed Software shall be delivered free of any virus or otherwise malicious code, or any code or command Intended to bring down the Licensed Software or Customer's computers/networks automatically or upon command or otherwise impair their use. 3.2 Limited Remedy. In the event of any breach of warranty, Customer's sole and exclusive remedyshall be for Cherwell to either correct or replace, at no additional charge to Customer, any portion of the Licensed Software or services found to be defective or, if Cherwell is unable to correct or replace the defect, refund the license fees and any prepaid but unused Maintenance and Support or hosting fees paid to Cherwell by Customer; and in the event Cherwell introduces any virus or such disabling code or commands into the Licensed Software or any of Customer's equipment, make commercially reasonable efforts to restore any and all data or programming lost by Customer as a result of such virus or disabling code. 3.3 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTION 3 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. CHERWELL DOES NOT WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS SET FORTH IN THIS SECTION 3, CHERWELL MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES 4.1 Limitation of Liability. To the maximum extent permitted by applicable law and except for Customer's payment obligations under this Agreement and Cherwell's obligation to Indemnify Customer 25A-7 Cherwell US EULA irev. 23 May 2415) Page 2 of 5 under Section 2, each party's entire liability under this Agreement shall be limited to the amount paid by Customer for the Licensed Software, which does not Include any amounts paid for related services, 4.2 Exclusion of Consequential and Related Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST PROFITS, LOSS OF USE OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORTOR ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPTTO THE EXTENT THAT ANY THIRD PARTY CLAIM SUBJECT TO INDEMNIFICATION UNDER SECTION 2 INCLUDES SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, CHERWELL SHALL HAVE NO LIABILITY FOR ANY DATASTORED OR PROCESSED WITH THE LICENSED SOFTWARE. 5. MAINTENANCE AND SUPPORTAND SERVICES 5.1 General. Maintenance and Support Is offered on no less than an annual basis and will commence and be invoiced in accordance with the Order Confirmation Form. Cherwell will Invoice Customer for Maintenance and Support renewal fees at least sixty (60) days prior to the end of each annual term. Maintenance and Supportfees; increase as Customer adds additional concurrent user licenses. Failuretopay any amount due under this Agreement may result In suspension of Maintenance and Support. If Maintenance and Support Is Interrupted as a result of expiration or termination, Customer maybe charged a reinstatement fee equal to the cost of Maintenance and Support for the period from the date of expiration ortermination tothe date of renewal: 5.2 Maintenance. "Maintenance" entitles Customer to receive updates, upgrades, patches, bug fixes and new releases or versions of the Licensed Software, including updated documentation, as Cherwell may provide from time to time without requirement of a separate license agreement, and without additional charge other than payment of the annual Maintenance and Support fee. 5.3 Support. Where provided by and purchased from Cherwell, "Support" entitles Customerto technical assistance with Customer's ongoing use of the Licensed Software, Mondaythrough Friday, 6:00 a.m. to 6:00 p.m. (Mountain Standard Time). Cherwell will provide support for the most current version of the Licensed Software and one prior version, including Interim releases between the two versions; for example, upon release of version 5.x Cherwell will support version 5.x and 4.x. Cherwell may provide limited support for older versions: Cherwell will use its best efforts to answer Customer's specific questions and provide support In accordance with Cherwell's service and support guidelines. Support does not include any third party productsthat are not part ofthe Licensed Software. If Support is purchased from and provided directly by a Partner, as described In Section 8.7 below; then the terms and conditions of any agreement between Customer and Partnershall govern with regard to Support. 5.4 Professional Services. Where provided by and purchased from Cherwell, "Professional Services" may Include training, implementation, installation, on-site assistance, customization, and configuration of the Licensed Software. The total "Professional Services" fee quoted on the Cherwell Order Confirmation Form, if any, Is an estimate of the number of days required based on Cherwell's current understanding of Customer's stated Implementation requirements. A statement of work shall be mutually agreed upon prior to commencement of any Professional Services. Any professional or related services purchased from and provided directly by a Partner, as described in Section 8.7 below, shall be governed by the terms and conditions of any agreement between Customer and Partner. 6. TERM/TERMINATION 6.1 Effective Date and Term. This Agreement is effective as of the earlier of the date set forth on the Cherwell Order Confirmation Form or the date Customer first installs or Uses the Licensed Software (the "Effective Date"). Customer's right to use the Licensed Software shall continue in perpetuity unless and until Cherwell terminates this Agreement for material breach by Customer. The parties acknowledge and agree that the license granted pursuant to Section 1 shall survive termination or expiration of Maintenance and Support Services. 25A-8 Cherwell US EULA(rev.23 May 2015) Page 3 of 5 6.2 Term Inatlon. Either party may terminate this Agreement upon written notice to the other party if the other partyfails to cure a material breach of this Agreement within thirty (30) days of written notice of the breach from the terminating party, If Customer elects to terminate only Maintenance and Support for Cherwell's failure to cure a material breach of its Maintenance and Support obligations, Cherwell shall return to Customer any prepaid but unused Maintenance and Support fees, on a monthly pro -rata basis as of the date Cherwell was notified of Customer's Intent to terminate. Upon any termination by Cherwell for an uncured breach by Customer, unless such termination is with regard to Maintenance and Support services only, Customer agrees to remove all Licensed Software from its computers, destroy all copies of the Licensed Software, and, upon request from Cherwell, certify in writing Its compliance. 7. CONFIDENTIALITY 7.1 Definition. As used in this Agreement, "Confidential Information" means any information, whether oral or written, designated by a party as confidential or that reasonably should be understood to be confidential or proprietary in nature. Customer's Confidential Information shall include Customer data stored or processed with the Licensed Software. Cherwell's Confidential Information shall include the Licensed Software, Confidential Information of each partyshall include the terms of this Agreement (but not the fact of its existence), as well as each party's business and marketing plans, financial data, employee data, product plans and designs, and technical information. However, Confidential Information shall not include any Information that (1) is or becomes generally (mown to the public otherthan by breach of this Agreement; (ii) was (mown to the receiving party priorto its disclosure; (lil) becomes (mown to the receiving party after proper disclosure from a third party not under an obligation of confidentiality; or (iv) was disclosed to the minimum extent necessary to comply with a lawful court order or government law or regulation, provided that in the case of (iv) the disclosing party shall provide the other party with advance written notice thereof and reasonably cooperate with the other partyto limit disclosure and obtain protective orders or other relief as appropriate. 7.2 Protection, Each party agrees to hold the other party's Confidential Information in strict confidence and to treat such other party's Confidential Information with at least the same degree of care employed with respect to its own Confidential Information (but in no event less than reasonable care). Neither party shall (1) use the other party's Confidential Information for its own account or in any manner not contemplated by this Agreement; nor (ii) disclose the other party's Confidential Information to a third party without the prior written consent of the other party. Both parties shall limit access of each other's Confidential Information to those of its employees, contractors and agents who have a need for such access and who are bound to confidentiality obligations substantially similar to those set forth In this Section. This Section shall survive termination or expiration of the Agreement (for any reason) for a period of three (3) years. 8. MISCELLANEOUS 8.1 Severability. If any of the terms, or portions thereof, of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Agreement to include an enforceable term as close to the Intent of the original term as possible; all other terms shall remain unchanged. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between Customer and Cherwell relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, proposals and negotiations, whether written or oral, Any additions to, or modifications of, this Agreement shall be binding upon the parties only if in writing and executed by a duly authorized representative of Customer and Cherwell, TERMS AND CONDITIONS OF ANY CORRESPONDING PURCHASE ORDER OR OTHER DOCUMENT RELATING TO THE LICENSED SOFTWARE THAT ADD TO OR CONFLICT WITH THE TERMS CONTAINED IN THIS AGREEMENT SHALL BE DEEMED MATERIAL AND ARE REJECTED. 8.3 Waiver. The waiver orfailure of either partyto exercise In any respect any right provided for in this Agreement shall not be deemed a waiver of any further orfuture right under this Agreement. 8.4 Past Due Accounts. Any invoices not paid within the time period agreed on the Order Confirmation farm and not disputed in good faith may be subject to a monthly finance charge of 1.5% of amounts due or 25A-9 Cherwell US EULA (rev. 23 May 2015) Page 4 of 5 the maximum amount allowed by law, whichever Is lower. CHERWELL MAY WITHHOLD ANY APPLICABLE LICENSE KEY OR PASSWORD UNTIL ALL AMOUNTS DUE FOR THE LICENSED SOFTWARE ARE FULLY PAID. 8.5 Assignment. This Agreement is binding upon, and inures to the benefit of, the parties hereto and their respective successors and permitted assigns. A party may not assign any of Its rights, obligations, or responsibilities underthls Agreement without the prior written consent of the other party, which shall not be unreasonably withheld, except that neither a change In control in the assigning party nor assignment to any entity (other than a competitor of the other party) that controls, Is controlled by or Is under common control with the assigning party, shall be deemed an assignment in violation of the foregoing; provided, however that the assigning party gives the other party written notice of any such change in control or assignment. 8.6 Choice of Law. This Agreement is governed under the laws of the state of Delaware, without regard to its conflicts of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which Is expressly excluded. 8.7 Third Parties and Third Party Resellers. No person who Is not a party to this Agreement has or shall have any right to enforce any term of this Agreement and no consent of any third party shall be required for any cancellation or variation of the Agreement. From time to time, Cherwell may authorize certain third parties, such as value-added resellers or solutions partners ("Partners"), to resell the Licensed Software and Maintenance and Support Services. Customer acknowledges that as between Customer and Cherwell, Partners are not authorized to modify the terms and conditions of this Agreement nor the rights granted to Customer with regard to the Licensed Software. In certain jurisdictions or markets, Customer may purchase, from the Partner (rather than Cherwell), Support Services and Professional Services to be performed by the Partner. In such case, the terms of any agreement between Customer and Partner for such services shall govern, and Cherwell shall not be liable or otherwise responsible for Partner's performance or non- performance under such agreement. Maintenance, as described in this Agreement, shall in all cases be provided by Cherwell, subject to the terms of this Agreement. 8.8 Taxes. Unless otherwise stated on an Order form, Cherwell's fees do not Include any taxes, levies, duties or similar governmental assessments of any nature, including without limitation value-added, sales, use or withholding taxes, assessable byany local, state, provincial, federal orforeign jurisdiction (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases under this Agreement. If Cherwell has the legal obligation to remit or collect Taxes for which Customer Is responsible under this paragraph, the appropriate amount shall be Invoiced to, and paid by Customer, unless Customer provides Cherwell with a valid tax exemption certificate authorized by the appropriate taxing authority. For the avoidance of doubt, Cherwell Is solely responsible for taxes assessable against Cherwell based on its Income, property or employees. Signature lines for the EULA are located on the Cherwell Order Confirmation form to which the EULA is incorporated by reference, 25A-10 ChenveilUSELLA(rev.23May 2015)Page 5of5 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 6TH day of December, 2016 by and between MIGRATION TECHNOLOGIES (MiTECH) ("Consultant"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. On September 28, 2016, the City issued Request for Proposal No. 16-124, by which it sought a consultant to provide assistance with the hnplementation of the Cherwell IT Service Management System (ITSM) for the City of Santa Ana Information Technology Department, B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is lmowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW TIIEREFORE,, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement, The total sum to be expended under this Agreement shall not exceed $150,000 for the term of the Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonablybe expected by City, Exhibit 2 Pa elof8 29JA-11 3. TERM This Agreement shall commence on the date first written above and terminate on December 5, 2017, unless terminated earlier in accordance with Section 16, below, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors prepares ander this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSUIdANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amounts Page 2 of 8 25A-12 of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (3 0) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the city. Page 3 of 8 25A-13 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreernent, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement, All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement curing regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 25A-14 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in. the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Jack Ciulla Chief Teclmology Innovations Officer 20 Civic Center Plaza, 2nd Floor (M-42) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5486 Page 5 of 8 25A-15 To Consultant: Migration Technologies (MiTECH) 6824 Calle Tania Camarillo, CA 93012 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frarnes, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the broach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 6 of 8 25A-16 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, Interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 8 25A-17 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney iN �. r 17 By: JOKN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: JACK CIULLA Chief Technology Innovations Officer CITY OF SANTA ANA DAVID CAVAZOS City Manager MIGRATION TECHNOLOGIES (MITECH) NAME: Jim A. Flores TITLE: CEO/Principal Managing Partner Page 8 of 8 25A-18 EXHIBIT A Migration Technologies, Inc. Cherwell IT Service Management Syste Implementation RFP #16-124 Prepared for: City of Santa Ana Submitted: October 13, 2016 Migration Technologies, Inc. 6824 Calle Tania Camarillo, CA 93012 (805) 987-1146 Fax; (805) 987.5238 For more information contact us at: infota ATECHcorp,net Visit us on the web at: www.MiTECHcorp.net 25A-19 Table of Contents 1. INTRODUCTION .................................................................. ................................................ 3 2. SCOPE ...................... ........................................................................................ .............. 3 3. MITECH BACKGROUND ............................ —, ......................... I ........................................... 4 4. SCOPE OF SERVICES ............ .................... 1— ... - ............................ ...... — ........................ 5 5. IMPLEMENTATION PLAN ......................................... -- .................................................... 16 6. RESOURCES .................................................................... ........ .................... .................. 20 7. PRICING AND PAYMENT SCHEDULE (EXHIBIT C) ........................................................25 8. CHANGE ORDERS ..................... ................................................ ............................... 11 .... 26 9. CONTACT INFORMATION... ............................................................................... .......... 1-26 ATTACHMENT A — MITECH RESOURCE BIOS ............. ............................................ ......... .27 k� mj;;> Migration Technolopies, Inc. Copyright C 2016, all riqhts reserved Page 2 of 29 25A-20 1. Introduction Currently the City of Santa Ana has three departments that have IT staffing and provide IT services, (Police, Public Works and the Library). These services include helpdesk, desktop and applications. The City's IT department consists of 29 centralized members and a dozen decentralized IT staff. The IT department provides the City's Infrastructure, Enterprise Applications, Specialized Applications and Technology Support. The decentralized departments have a dotted -line reporting to the City's CTIO. The combined IT staff supports approximately 1,500 City employees in 12 departments. It is the desire to move to a more centralized IT management. There currently are three Instances of an existing service desk tool (SpiceWorks) being used to track service tickets. Asset tracking is currently being performed with spreadsheets and does not include tagging of assets. The City would like to establish a process where assets are tagged, tracked in a system and be able to assign assets to users. Additionally, the City has a desire to establish foundational ITSM processes to support the delivery of IT services and its employees in the 12 City departments. In order to support the City's goals of establishing foundational ITSM support processes, establishing an Asset Management inventory process and system, and moving to a more centralized service desk, the City has chosen the Cherwell ITSM System to replace the existing service desk tool and provide a centralized ITSM system. 2. Scope The primary focus of the engagement is to prepare for and implement on premise, the Cherwell ITSM System so that it supports increasing efficiency and delivering value to the City. A key objective of the engagement is to deploy and implement the Cherwell ITSM System with "Out of the Box" ("OOTB") functionality as possible. In order to provide the most effective and successful implementation, proper preparation and pre -work needs to be completed. To ensure the City's goals and objectives are achieved the following components are considered to be in scope of the engagement. • Creation and document high level ITSM services and processes to support the in -scope Cherwell modules. These services and process include: o Incident Management o Request Management o Change Management o Knowledge Management o Asset Tracking • Support the documentation of consistent operating procedures to be utilized between City departments for IT management • Establish and implement the Cherwell environments (Dev, Stage, Test, and Production) • Establish interfaces into the City's systems, databases, network, LDAP/AD and designated 3'" party vender as needed to support the implementation and operation of the Cherwell tool • Enable the Cherwell mobile application and self-service portal so that it can be accessible from inside and outside the City's network with proper authentication • Cherwell ITSM modules within scope: o Incident/Request Management o Problem Management o Change Management Wtl Migration Technoloqies, Inc, CopVrlght © 2016, all rights reserved Page 3 of 29 25A-21 o Configuration Management (OOOTB version) n IT Self Service Portal (standard OOTB version) o Service Catalog (OOTB version) o OOTB Reports and Dashboards o Service Level Management (basic 2 tier) o Knowledge Management o Asset Tracking o Project Management Development of training materials for the Service Desk and IT staff and training materials and communication materials for IT customers i Document customizations and integrations implemented during the deployment 3. MiTECH Background Helping organizations identify IT services, costs and demand has provided our customers with millions in cost savings, sound IT strategies, improved operational performance and effective IT decision making. MITECH implements IT Service Management Software Tools (like Cherwell, ServiceNow, BMC, HP) to the next level extending ITSM process and CMDB capabilities to service strategy, financial modeling and forecasting, Demand & Capacity management, Project Portfolio Management, and service portfolio lifecycle solutions that resonate to the executive C - Suite within 120 days. Our clients exist in all vertical markets and industries across the U.S. Our unique combination of tools and award winning consulting services are highly valued by our customers. Our MiTECH consultants led LA County's Cherwell SMS Project Team in winning itSMF 2014 USA Project of the Year Award. Established in 1988, Migration Technologies ("MiTECH") is an experienced in IT Service Management ("ITSM") consulting firm offering both on-site consulting and cloud based ITSM Operations Management Services. MiTECH specializes in helping our IT clients manage their technologies and operations connecting the dots from the lowest level IT infrastructure components to the IT services and business processes those technologies support. We leverage ITIL and IT Service Management practices in helping IT organizations transform from managing by IT technology silo to managing IT services as a portfolio of service investments. Key differentiators for MITECH include: • Highly experienced staff with practical hands-on technology and management implementation experience — our consultants have actually managed and run large scale data centers. • Intellectual capital in IT operational practices and unique tools that are practical focused versus theory — our consultants have authored the ITIL Service Operation book (2011 Edition) and have published other ITSM books widely used in the industry that address step-by-step approaches for implementing IT Service management transformation programs and underpinning process/technologies The consultants we assign to our engagements bring solid technical, operations, application development, organization management expertise and "C" level executive management experience that can identify opportunities to save time and money, and improve service delivery operating performance. We are IT transformation Specialists with a track record of success in helping Clients solve extremely complex challenges including: • Service strategy and Service Portfolio development and implementation • IT enterprise inventory, assessment, rationalization decision support services of Migration Technoloqies, Inc. Copyriqht © 2016, all riqhts reserved Page 4 of 29 25A-22 • Configuration Mapping services to applications to underpinning service assets • Service based cost accumulation and cost distribution models • IT service/process assessments and CSI process improvement roadmaps • IT service management process development and implementation • Advanced Service Configuration Management database architecture and deployment • Cherwell CMS ITSM product suite implementation services ServiceNow ITSM product suite implementation services • Business impact analysis and disaster recovery planning • Datacenter consolidation/relocation • Business merger and acquisitions 4. Scope of Services A key objective of the engagement is to deploy and implement the Cherwell tool with "Out of the Box" ("OOTB") functionality as much as possible to minimize implementation costs. MITECH will strive to focus on and utilize this as a guiding principal, however, some of the stated requirements are not included in OOTB functionality and additional configuration will be needed. Out of the Box functionality refers to tool capabilities that are configured to function within the standard Out of the Box installation. Non-OOTB capabilities requirements are able to be configured to enable functionality to meet non-OOTB requirements, but requires additional configuration efforts. In an effort to easily identify these requirements, each requirement will be categorized as OOTB, not OOTB, process related or training/documentation. If a requirement cannot be implemented with OOTB functionality, the response will include the needed configuration to achieve the requirement. Additionally, not all requirements are tool related, therefore the following codes are being utilized. O — Included in OOTB functionality, C — Not included in OOTB functionality, requires addition configuration, P — Process related, T — Training/documentation Cherwell ITSM System is a very robust tool and contains the needed functionality to support the delivery of IT services to the organization. Additionally, Cherwell provides a capability to add-on additional functionality that is not provided out-of-the-box, this capability is known as mApps, mApps are modules developed to easily add additional functionality with minimal configuration. Some of the requirements listed are not out-of-the-box and will require the use of mApps. When an mApp is needed to provide the requirement it will he noted. A. Technical Requirements si °> Migration Technologies, Inc Copyright © 2016, all rights reserved Page 5 of 29 25A-23 Cata�ory, Requirement „j:t�spgiise . ,,, .. _ All O The City has selected the Cherwell MITECH has experience with preparing ITSM Stem _ and implementing Cherwell ITSM System. 72 O The System will reside on premise, MiTECH has extensive experience running on virtual servers in the deploying and configuring the on premise data center version Cherwell ITSM. si °> Migration Technologies, Inc Copyright © 2016, all rights reserved Page 5 of 29 25A-23 A3 O The system will utilize MS SOL The Cherwell ITSM System requires Server database Microsoft SOL Server 2008 r2, Microsoft SQL 2012, and Microsoft SOL 2014 (can be on a separate server). Pull -text indexing must be enabled. Requires appropriate additional licensing from Microsoft. A4 O Vendor will assist in the installation MiTECH has extensive experience with and configuration of required Cherwell environments and will have two instances (Dev, Stage, Test, Cherwell Certified Technical Implementers Production, etc.) as needed involved in the project. A5 O The system must have LDAP/AD MiTECH will configure the Cherwell ITSM integration for single sign -on System to connect to LDAP/AD. The City will need to provide LDAP/AD administrative resources to provide specific LDAP/AD configuration details to facilitate this requirement. A6 O _ Enable Cherwell mobile MiTECH will enable Cherwell mobile applications to be utilized by IT applications. Cherwell mobile applications Staff require connectivity to a Cherwell server, the City will need to identify the scope of access (based on network connectivity) and provide resources for configuring any required network based changes, both for internal and external connectivity, A7 O Self -Service portal should be MiTECH will assist the City with accessible from both inside and installation, configuration and connectivity outside of the network with proper to Cherwell services to enable portal authentication access in all security zones. The City will be expected to provide resources and expertise in configuring their firewall and basic web server required changes. B. Functional Requirements B1 O In order to keep costs low, the C is hoping to utilize the system as "Out of the Box" as possible MiTECH will implement Cherwell utilizing as much out of the box functionality as possible. Some requirements itemized in this document are beyond OOTB features and functionality and will require additional configuration, these requirements will be called -out in this RFP response document. ffli�> Migration Technologies, Inc. Copyright © 2016, all riqhts reserved 25A-24 Page 6 of 29 B2 O Establish interface to maintain end MiTECH will configure the Cherwell ITSM Res onse . 34 user database in Cherwell System to maintain the End User MiTECH will enable the OOTB Self - Database from the LDAP/AD system on a Service Portal. City resources will be scheduled basis. If the interface to required to enable connectivity through the maintain the End User Database is a City's network. B5 O/C separate source or multiple sources, The required security needed to ensure a additional configuration would be required. B3 O Be able to designate a user profile MITECH will enable a "VIP" attribute in not 100% OCTB functionality and will as a "VIP" within the customer profile for use within require additional configuration. The the Cherwell ITSM system. IT Self Service Portal' Category Re uirement Res onse . 34 O Establish City-wide IT self-service MiTECH will enable the OOTB Self - portal Service Portal. City resources will be required to enable connectivity through the City's network. B5 O/C Establish specific content areas for The required security needed to ensure a Police Department users based on secured area for the Police Department is profile not 100% OCTB functionality and will require additional configuration. The system will need to be configured to ensure that only users with proper access rights will be able to view secured messages, alerts and notifications. MiTECH will configure specific content based on user profile and security set-up. B6 O Ability for end users to log MITECH will configure the Cherwell ITSM incidents System Self Service Portal to enable end users to log incidents. B7 O Ability for end users to open a MITECH will configure the Cherwell ITSM service request. System Self Service Portal to enable end users to loq service requests. 118 O Ability for end users to order MiTECH will configure and enable users to standard goods and services from order standard goods and services from a catalog. the preconfigured list of standard goods and services developed within the _ standard service catalog. 89 O Ability for and users to request a MiTECH will configure OOTB self-service new IT project portal functiorality which allows end users to request the creation of a new IT project, however, the functionality is limited to a basic service request. Creation of project profiles, attributes and project tracking are represented in the Project Management requirements section. M) Migration Technologies, Inc, Copyright02016, all rights reserved Page 7 of 29 25A-25 B10 O Ability to place notices of an event MiTECH will configure the OOTB Notice Assist City in establishing service Utilizing a workshop format, MiTECH will catalog lead OOTB capabilities for the creation of Board that will display on the portal event a service catalog for essential goods and services. The service catalog will be based and notices. Users with access rights will on a service, category and sub -category Y _ be able to mans e events and notices. B11 O Ability for users to see top issues Cherwell ITSM utilizes the Knowledge requests. or an FAQ Management module to support user's ability to search and view top/common issues and FAQs. MiTECH is configuring the Knowledge Management module as part of this implementation. The ability to search and view top/common issues and FAQs is part of the Knowledge Management implementation. See Knowledge Management requirements section. B12 O Ability for users to search MiTECH will ensure during the knowledgebase by category or implementation that the knowledge search keywords functionality is enabled. B13 0 Ability for end users to see their MiTECH will ensure during the own tickets implementation that ability for end users to view their own tickets is functional and working as required. B14 O Ability for management of MiTECH will ensure OOTB departmental customer area to see dashboard dashboards that provide views for the for their department. (See management of customer areas are reporting section) configured and enabled for their departments. B15 O Brand/design portal for City- MiTECH will configure the OOTB Cherwell specific look portal to include City -specific look within the structure of the OOTB Cherwell capabilities. Incideht/Service Reprie'st/Rroblem•Management .. i Cate or 'Re`u7erheit i „` Res of"se „ 816 P/0 Assist City in establishing service Utilizing a workshop format, MiTECH will catalog lead OOTB capabilities for the creation of a service catalog for essential goods and services. The service catalog will be based on a service, category and sub -category classification approach. The service offerings within the service catalog will serve as the driving component for service requests. wl > Miqration Technoloqies, Inc. Copyriqht 0 2016, all riqhts reserved Page 8 of 29 25A-26 B17 P Establish operating procedures for MITECH will utilize a process management handling incidents, service modeling tool to document current state requests, and problems incident management, service request and problem management processes. Conduct a comparative analysis against industry best practice processes to identify current state weaknesses, needed process improvements, document future state process design requirements, training materials and implemertation plan, document future state operating procedures and Cherwell ITSM system configuration requirements. Train and mentor City resources in implementation of incident, service request and problem management processes operating rocedures, B18 P/O Establish workflow approval rules if MITECH will document service request request requires an approval needed approvals within the future state service request operating procedures and workflows. The documented approval workflows will be utilized to configure the approval rules within the Cherwell ITSM system. B19 P/O Create automated emails to users MITECH will utilize documented future to note creation, status change, state operational procedure workflows to and closure of tickets configure basic email capabilities. The. requirements will include email creation, status change, and closure of the ticket. MiTECH will train/mentor the City staff on how to implement further email options once staff are trained. B20 C Allow user to complete survey Cherwell's survey functionality is not upon closure of ticket OOTB, MITECH will install Cherwell's Survey mApp and configure to provide the basic functionality. B21 O Allow basic tickets to be opened MITECH will configure and create basic via email email rules to open incidents and service requests via email. MITECH will train/mentor the City staff on how to create further email rules. B22 O Ability to establish ticket priority MiTECH will work with the City to establish priority rules and configure the priority options into the Cherwell ITSM system to meet citv re uirements. 623 O Ability to automatically assign ticket MITECH will configure the security and based on categorization to staff, routing rules to automatically assign teams, or groups ownership of tickets based on categorization, teams, or groups. No> Migration Technologies, Inc. Copyright 0 2016, all rights reserved Page 9 of 29 25A-27 B24 O Ability to create appropriate tasks MiTECH will ensure that manual task associated with ticket creation Is available to ticket owners. B25 0 Ability to assemble related The ability to assemble related tasks is packages of tasks based on completed in the service request service catalog item (e.g., New configuration. MiTECH will configure the employee set up) OOTB task creation capabilities. MiTECH will train/mentor the City staff on how to implement additional task packaqes. B26 C Ability to indicate billing codes and Billing codes are not included in the OOTB customer approval for billable work configuration and would need to be added. OOTB approval process doesn't allow for customer approvals, custom configuration would be needed. MITECH will configure billing codes and customer approvals for billable work. B27 O Notification and escalation in the MiTECH will enable the OOTB case of delays in ticket processing notifications and escalation functionality. MITECH will train/mentor the City staff on and guide the City staff in creation of new notifications if they are required. B28 O Ability for technical staff to update MITECH will enable and configure email ticket via email or mobile device rules to allow City technical staff to update ticket via email or mobile device. B29 O Ability to link and/or attach files to a MiTECH will enable the able the ability to ticket link and/or attach files to tickets. B30 O Ability to search knowledge base Cherwell ITSM utilizes the Knowledge from the incident for relevant Management module to support user's articles ability to search and view relevant articles from the incident module. MITECH is configuring the Knowledge Management module as part of this implementation, B31 O Ability to link multiple incidents to MITECH will configure OOTB ability to link each other and/or to a problem and multiple incidents to each other and/or automatically update problems. Basic status auto updating will all of them when status changes be configured. B32 0 Ability to link tickets to change NIiTECH will configure OOTB ability to link reguests tickets to chan erequests. ei Migration Technologies, Inc. Copvriqht © 2016, all rights reserved Page 10 of 29 25A-28 Ghon a —Management' Categor Requirement, Response B33 P Assist City with establishing MiTECH will utilize a process management change management operating modeling tool to document current state procedures change management process. Conduct a comparative analysis against industry best practice process to identify current state weaknesses, needed process improvements, document future state process design requirements, training materials and implementation plan, document future state operating procedures and Cherwell ITSM system configuration requirements. Train and mentor City resources in implementation of the change management operating procedures, B34 P Provide workflow best practices for MiTECH will provide workflow best emergency, normal and pre- practices for emergency, normal and pre - approved changes approved changes during the development and implementation of the change management operating rocedures. 635 0 Ability to provide role bas MiTECH will use OOTB functionality and approval, retracting or rescheduling will implement approval rules based on the of Request for Change documented future state operating (RFC) procedures, RFC status change and rescheduling of changes are part of the OOTB functionality. B36 0 Ability to document back -out The ability to document RFC back -out procadures in RFC procedures is part of the OOTB configuration, B37 O Ability to categorize a RFC The ability to categorize RFCs is part of the OOTB configuration, B38 P Ability to define workflows for MFECH will provide workflow best RFCs practices for RFCs during the development and implementation of the change management operating procedures. 639 O Ability to communicate information MiTECH will configure OOTB change of changes and schedules to notification functionality. Key user email various key users groups will need to be created to send notifications. Rl�> Migration Technologles, Inc. Copyright C 2016, all rights reserved Page 11 of 29 25A-29 Asset Tracking Category Requirement Response B40 P10 City wishes to assign asset tags to The process of inventorying, cataloging computer equipment (PC, laptops, and asset tagging of computer equipment tablets, monitors, mobile phones, and other peripheral devices will be servers, TVs, etc.) included in the Asset Tracking operating procedure being developed. Some minor configuration to Cherwell ITSM System will be needed to meet the City's nomenclature. B41 P Establish operating procedures for MiTECH will utilize a process management asset tracking modeling tool to document current state asset tracking process. Conduct a comparative analysis against industry best practice process to identify current state weaknesses, needed process improvements, document future state process design requirements, training materials and implementation plan, document future state operating procedures and Cherwell ITSM system configuration requirements. Train and mentor City resources in implementation of the asset tracking operating procedures. 642 O^ Ability to store asset attributes MITECH will configure the OOTB CMDB (Date purchased, warranty module of the Cherwell ITSM System to information, make, model, serial ensure the required attributes are number, etc.) included. B43 O Ability to import asset records MiTECH will configure the Cherwell ITSM system to import asset records. B44 0 Ability to import asset locations MiTECH will configure the Cherwell ITSM System to import asset locations. B45 O Ability to assign assets to users MITECH will configure the Cherwell ITSM and identify asset locations System to assign assets to users and —identify asset locations. 646 O Ability to reassign or move assets MiTECH will configure the Cherwell ITSM System to be able to reassign or move assets. B47 O Ability to conduct physical MiTECH will configure the Cherwell ITSM inventory of assets System to aid in the conducting of physical inventory audits. The process for conducting a physical inventory will be part of the Asset Tracking operating procedure. B48 0 Ability to retire and dispose of MITECH will configure the Cherwell ITSM assets System to be able to retire and dispose of assets. al :> Migration Technologies, Inc. CopvriOt © 2016, all riqhts reserved Page 12 of 29 25A-30 649 C Ability to utilize mobile phones Utilization of scanning capabilities of `ISE uirement ;':'RE$ Categiry when scanning asset tag in order mobile phones is not OOTB functionality. B50 C to reduce typing during MITECH will configure the Cherwell ITSM operating reports. transactions or inventoEy System to utilize mobile hone scanning. PCo�ect MahageMenf Project Management capabilities m the Cherwell ITSM System is not out- of=ljtE boX fUF�ctionahty :however there is a Cherwell Pj oJect TCa king M, qJp qr p�odula auatlabl ', ' t(gdf canlsplrkstalled as 2n add ohab tYte OO.TB CherVeli ITSMysfem MIECH WIII ij�stall and "rti dor fi Ure thestartdarcJfeatures':`arid,functionalit `as delivered:b"„Cherwell`sITPT,inA `. `ISE uirement ;':'RE$ Categiry ,Requ`tTerhent R,espons"e.. B50 C Ability to add new projects and MITECH will implement and configure the operating reports. potential projects ITPT (IT Project Tracking) Project mApp to Establish executive dashboard for MITECH will configure standard OOTB enable adding new and potentialprojects, B51 C Ability to categorize projects by MiTECH will implement and configure the Establish dashboard for customer MiTECH will configure standard OOTB portfolio ITPT (IT Project Tracking) Project mApp to management dashboards for customer management. B60 enable categorize projects.by portfolio. B52 C Ability to capture project attributes MiTECH will implement and configure the such as business case, cost ITPT (IT Project Tracking) Project mApp to estimate, etc, enable the capturing of project attributes. B53 C Ability to identify the status of the MITECH will implement and configure the project ITPT (IT Project Tracking) Project mApp to identify the status of projects. B54 C Ability to identify the percentage MITECH will implement and configure the complete of the project ITPT (IT Project Tracking) Project mApp to identify the percentage complete of the projects. The mApp provides capability to manually enter the estimated effort and actual effort. MiTECH will configure the mApp to calculate the percentage complete. B55 C Ability to display health indicators MiTECH will implement and configure the associated with the project ITPT (IT Project Tracking) Project mApp to display health indicators associated 856 C _projects.. Ability to assign/associate tasks to MiTECH will implement and configure the the project ITPT (IT Project Tracking) Project mApp to be able to assign/associate tasks to the project. Re �Oftln C>�tec�o°r `ISE uirement ;':'RE$ 011S4 s .. e " s B57 O Establish operating reports MiTECH will configure standard OOTB operating reports. B58 O Establish executive dashboard for MITECH will configure standard OOTB IT management executive dashboards. 859 O Establish dashboard for customer MiTECH will configure standard OOTB _ management dashboards for customer management. B60 O Establish project management MiTECH will configure standard OOTB Ml Migration Technoloqies, Inc. CopVrighl0 2016, all rights reserved Page 13 of 29 25A-31 Knowledgo"Mane reports and dashboard ITPT Project Tracking mApp reports and Q&e. I or F-Aq it anent ' dashboards. B61 O Establish IT worker dashboard MiTECH will configure standard OOTB IT for PC remoting for users with an scratch and building the knowledge worker dashboards. Knowledgo"Mane ement Q&e. I or F-Aq it anent ' Response B62 P/C The City will be starting from MITECH will support the development and for PC remoting for users with an scratch and building the knowledge implementation of the Knowledge appropriate license base as we go and will not be Management process which will identify O Integrate with SCCM for patching converting data needed configuration requirements of integrate with SCCM to ensure the ability Cherwell's ITSM System knowledge to record of Cl attribute changes as a management module. 663 _ C Configure module with proper MiTECH will configure the Cherwell ITSM categorizations System to enable proper categorization of provide resources to configure SCCM knowledge based_ articles. B64 P Establish operating procedures for MiTECH will utilize a process adding, editing, periodically management modeling tool to document reviewing, and deleting current state knowledge management knowledge articles process. Conduct a comparative analysis against industry best practice process to identify current state weaknesses, needed process improvements, document future state process design requirements, training materials and implementation plan, document future state operating procedures and Cherwell ITSM System configuration requirements. Train and mentor City resources in implementation of the knowledge mana ement operating rocedures. 865 C Provide links to third party MITECH will configure the Cherwell ITSM knowledge references System to enable linking to third party knowledge references. Int®ration -OafegbryRe uirement Respops6._ B66 O/C Integrate desktop with GovernLAN MiTECH will configure the Cherwell ITSM for PC remoting for users with an System to integrate with GoverLan appropriate license software. B67 O Integrate with SCCM for patching MiTECH will configure Cherwell ITSM to integrate with SCCM to ensure the ability to record of Cl attribute changes as a result of application patching being applied by SCCM. The City will be required to provide resources to configure SCCM integration changes. mj�> Migration Technologies, Inc. Copyril © 2016, all riqhts reserved Page 14 of 29 25A-32 B68 C Integrate with MS Exchange for MITECH will configure Cherwell ITSM to B73 T Provide training materials for the email notifications integrate with MS Exchange. The City will Service Desk and IT Staff designed specifically for the Service Desk be required to provide resources with and the IT Staff for deployment and Exchange credentials and knowledge of B74 _ T Provide training materials and MiTECH will prepare training and Exchange configurations reasonable for communication materials for IT communication materials targeted to IT the creation of system accounts and customers introducing and providing "how supplying of server details. B69 O/C Integration with AD/Payroll to MiTECH will configure the Cherwell ITSM maintain end user database System to maintain the End User Database from the AD system on a scheduled basis, Non OOTB interfaces needed to maintain the End User Database from a separate source (Payroll), requires additional configuration to eliminate duplication data or attributes. MITECH will configure Cherwell for Integration with payroll based on City's re flrements, B70 C Enable ability of approvers to The ability for approvers to approve approve directly from email by directly from email by responding to the responding to the email without email without having to log into the having to log into the application application is not fully OOTB functional. MiTECH will configure Cherwell ITSM System for the ability for approvers to approve Items without logging into the system. 671 O/C -Integrate inbound notifications from MITECH will configure the Cherwell ITSM Solarwinds or any other monitoring System to integrate with Solarwinds and systems and create appropriate other monitoring systems to create incident tickets incident tickets. Minor configuration is required and a standardized email format is re uired. B72 O/C Integrate inbound notifications from MiTECH will configure the Cherwell ITSM 3m party printer support vendor and System to integrate with 3`6 party printer create tickets support vendor to create Incident tickets. Minor configuration is required and a standardized email format is required. YtlRo�umentatlon� 5 = :` 01ate d." Ftapuirem ebt es`,ortse,. B73 T Provide training materials for the MiTECH will prepare training materials Service Desk and IT Staff designed specifically for the Service Desk and the IT Staff for deployment and operation of the Cherwell ITSM System, B74 _ T Provide training materials and MiTECH will prepare training and communication materials for IT communication materials targeted to IT customers customers introducing and providing "how to" use the Cherwell ITSM System self- service no,4al and create service reguests. qi�> Migration Technologies, Inc. Copyright © 2016, all rights reserved Page 15 of 29 25A-33 B75 T Provide application administration Cherwell ITSM System application • Project Stakeholders identified, roles & responsibilities documentation for system administration documentation will be • Implementation project plan developed Ian _ administrators provided by Cherwell. Documentation of customizations and integrations done by MiTECH will be documented as related to the requirements below, 1376. MITECH will work with the City's assigned Cherwell administrator and provide fundamental coaching and mentoring during the implementation process, B76 T Provide documentation of any MiTECH will provide documentation of any customizations and integrations customizations and integrations to the City's resources. B77 TIP Procedures manual for all MiTECH will provide in -scope operating operating procedures established procedure manuals created and and documented throughout established during the implementation. the Implementation MiTECH will utilize a 5 -Step implementation methodology that combines process development, customer education, and supporting configuration and technical implementation of the Cherwell ITSM System. The high level steps include: Weeks 1.6 Service & Process, Cherwell strategy & Design Project Startup Establish in -scope processes Define IT & Business racing services High level seMce descriptions Define process requirements Conduit Design Workshops Design Cherwell tooling functions for imscope process Weeks 3-12 • Identibf service/process owners • Create service are ltectu re • Establ ish Cherwell environments • Configure categories • Establish user permissions • Activate& perform foundation set-up Weeks 6.11 GirrticaatratP` Cherwell Orchestration • I mol em car categories • Completecustomizater, for in-scopeprocesses ' Format, cleanse&Import data • Develop&implement reporting & dashboards Activities and Outcomes/Deliverables Weeks 8-12 Ow User Acceptance Testing and Training Develop High Level Training material Train key staff to use Test Cherwell Instance, applications and user functions Weeks 10.13 S4PPo� n�' Ym�v • Provide post Implementation support for the Cherwell Implemented solution • Identify further improvement opportunities Project Startup . Ke Acttbit _- OutcomeslDeliverables • Identify project stakeholders, establish roles & • Project Stakeholders identified, roles & responsibilities responsibilities established • Develop & maintain an implementation project • Implementation project plan developed Ian _ • Communication plan created Mi ., Migration Technologies, Inc. Copyright © 2016, all rights reserved 25A-34 Page 16 of 29 • Create project communication plan • Project status reporting created • Establish project status reporting • Project kick-off meeting conducted • Conduct a project kick-off meeting with key stakeholders S'rvice.& Process`Desi n, lie. =(�CtlUlt ;: ,OLitboi'1'1i'S(D611V$Y�ille5.: - • Confirm in -scope processes aligned with • Implementation scope for processes & Cherwell modules Cherwell modules confirmed and agreed upon • Document in -scope high level IT services & • In -scope IT services & descriptions descriptions documented • Document high level business services • High level business services documented • Review service asset Cl and Cl attributes • In -scope applications and service asset data requirements for Cherwell inventories identified and documented • Identify sources of application & service • Current state in -scope ITSM processes assets inventories documented • Complete data collection • ITSM process gap analysis and • Review and document existing in -scope process/tooling improvements identified, initial current -state ITSM processes CSI register documented • Conduct comparative analysis between • ITSM tooling requirements documented current -state and ITSM process best practices • Initial in -scope business facing services • Identify process gaps and needed identified for service catalog implementation improvements, document initial CSI register and content based on process states • Identify in -scope business facing services for documented service catalog Strategy developed to maintain the user Cherstellstrate" o -Desi ni',^T`T KeActivity ; _ Outcames(Deliverables;` • Verify SQL Server to ensure correct version • Client SQL Server configured and available • Virtual servers are available • The City provides virtual servers to support • Cherwell sandbox stood -up Cherwell ITSM sandbox and dev • Cherwell design workshops completed design environments package created and documented • Standup Cherwell ITSM sandbox and dev • Future -state process and tooling requirements environments identified and Cherwell feature and function • Conduct Cherwell design workshops, review capabilities, conflicts and gaps resolved existing in -scope documentation, e.g. roles, • Cherwell design/configuration requirements process gaps and CI data requirements, SLA finalized targets, services, categories, sub -categories, • Current -state data structures reviewed to classifications, keywords, escalations, priority determine future -state data requirements and matrix, approval requirements, etc. migration strategies documented • Review current -state tooling gap analysis Email notification requirements, email design against future -state process requirements and and content based on process states Cherwell features and functions capabilities; documented resolve conflicts and gaps Strategy developed to maintain the user • Finalize Cherwell design/configuration database requirements LDAP/Active Directory & role based security • Evaluate current -state tools data structures designed and finalized reviewed to determine future -state data OOTB metrics, dashboard and reporting requirements and migration strategies requirements reviewed and minor cosmetic • Determine email notification requirements, requirements documented WtMigration Technologies, Inc. Copyright © 2016, all rights reserved Page 17 of 29 25A-35 design email content based on process states •Cherwell user training strategy for service • Develop strategy for LDAP/AD and/or payroll desk, IT staff, IT customers and to maintain user database communications created • Finalize LDAP/Active Directory/payroll integration requirements and strategy • Review & select OOTB metrics, dashboards and reports for implementation, identify minor cosmetic change requirements • Create Cherwell user training strategy for service desk, IT staff, IT customers and communications Service & Process Build Ke Activity Outcomes/Deliverables • Confirm in -scope application and service • In -scope application and service asset asset inventories are complete/available inventories are available • Identify and assign service and process • Service and process owners assigned owners • Services profiles documented • Document Service Profiles • Future -state in -scope ITSM process • Conduct development workshop for future- development workshops completed state incident management operating • Future -state in -scope ITSM operating procedures procedures documented Conduct development workshop for future- • Future -state In -scope ITSM operating state problem management operating procedures published procedures Conduct development workshop for future. state change management operating procedures • Conduct development workshop for future - state service request management operating procedures • Conduct development workshop for future - state knowledge management operating procedures Conduct development workshop for future - state asset tracking operating procedures Publish in -scope ITSM process operating procedures GhArwell B:iaild Kay Activit ,: Outcbn es/DaIlVerabl,e, • Input service profiles to Cherwell sandbox • Service profiles input into Cherwell sanbox • Import service asset inventories to Cherwell • Service asset inventories imported in the dev Cherwell dev environment • The City provides virtual servers to support • Virtual servers available Cherwell ITSM for test, UAT and prod • Cherwell test, UAT and prod environments environments established • Cherwell test, UAT and prod environments • System configurations completed established • User permissions and set-up of groups, roles • Configure services, categories (Including & user records completed applications), sub-cate ories, incident types & • OOTB metrics, reports and dashboards Mi�,i"� Npration Technologies, Inc. Copyright © 2016, all rights reserved 25A-36 Page 18 of 29 keyword categorizations enabled • Establish user permissions, Integrate with • Fully configured Cherwell ITSM system to Active Directory. Set-up groups, users & roles meet the City's requirements • Enable OOTB metrics, reports and dashboards • Configure Cherwell functionality to meet the City's specified requirements including the deployment of mApps for project tracking and customer surveys Cherwell •Cretiestratran ' K'ey Activity, ';, . Oute4mes/Deliverables;._ • Format, cleanse & import data from existing • Data from existing service desk tool imported service desk applications and cleansed • Implement categorizations, prioritizations, • Cherwell categorizations, prioritizations, SLAB, SLAs, approval rules and notifications approval rules and notifications implemented • Complete integrations to SCCM, Goverlan, • Integrations to SCCM, Goverlan, MS MS Exchange, and Solarwinds Exchange, and Solarwinds completed User Qcce Lance & TestiYi Key /kctiyit . Outdomes/Deliverables Confirm Cherwell test environment and • Cherwell test environment and supporting supporting ITSM process operating ITSM process operating procedures are procedures are available/ready to support available/ready to support UAT activities UAT activities confirmed Develop Cherwell ITSM System UAT • Cherwell ITSM System UAT strategy, use strategy, use cases, operational readiness cases, operational readiness test plan test plan developed • Prepare and document training materials for • Training materials developed and delivered the Service Desk and IT resolvers • Training and communication materials for IT • Prepare and document training and customers documented communication materials for IT customers • "Train the trainer" workshops delivered to UAT • Deliver "train the trainer" workshops to City's participants and designated IT training UAT participants and designated IT training personnel personnel • UAT test plans executed, defects logged, • Support the City's personnel in executing and. classified & resolved validating UAT for Service Desk, IT users and • Cutover strategy and plan developed IT customers • Cutover of the Cherwell ITSM System • Provide detailed defect reports during the completed testing periods & resolution plan • Documentation, technical information & • Perform corrective actions based on UAT configurations turned over to City of Santa results (discrepancies, failures and open Ana issues) • Develop strategy and plan of production cutover and timing; parallel processing or point in time cutover • Execute cutover plan • Turnover documentation, technical information, configurations to City of Santa Ana resources Nkip> Migration Technologies, Inc. Coovright © 2016, all riphis reserved 25A-37 Page 19 of 29 Early Life Support Key Activity outcomes/Deliverables • Provide post implementation support for • Post implementation support delivered process refinements, DBA performance • Post -implementation review completed and guidance, resolve minor issues findings documented • Complete post -implementation review, 520 document findings, future process and ITSM Mac Sandridge —system improvement recommendations 240 Estimated Timeline and Fee Schedule 4rolect Startup Service & Process Design Cherwell Strategy&Desrgn r Service&Process Bui ld .Cherwell BuIld Orchestrate Osenc�eep6me &Testldg EarlyWe Support Bjllablekwrs by Meek 8&'. 91 ,R.' 72 "64 6S .58 64 64 64 64 64 64 $¢4, Billable Hours by Month 323 261 320 9illahlefeeshyMonth $$nE952.8$ I $44,40465 $54442.48$153;800! Travel Expenses $300 $3800 .$300 $300 $300 $300 $1800 $300 $300 $300 $300 $300. $300 $6,900 MiTECH will provide expert resources in ITSM process management, operating concepts and Cherwell ITSM System implementation. The average number of resources to complete the engagement will be 2.5 full time equivalents. Resource Role Estimated Hours Billing Rate Jim Flores Principal Agent/Principal Architect 144 125 Dave Howard Principal Architect/Pro'ect Manager 520 165 Mac Sandridge Cherwell Certified Solutions Engineer 240 165 Total 904 *Calculated average billing run rate is $170.13 per hour Biographies of MiTECH resources are in Attachment A. "�> Migration Technologies, Inc. Copyright © 2018, all rights reserved Page 20 of 29 25A-38 Cherwell ITSM System Implementation Team Organization The Cherwell ITSM System Implementation Team organization will consist of both MiTF_CH's resources and City resources. MUECH will bring the expertise and experience in ITSM best practices and Cherwell design, configuration, and implementation. The City resources will bring the needed Infrastructure technology expertise; organizational knowledge and executive direction support. = City Resources A = MITECH Resources Team Role Desorption iof Duties Tih1e Re urail: Executive Sponsor The Executive Sponsor is a required position. Provide executive 2 - 4 level guidance and direction. Accountable for the Cherwell ITSM Hours System implementation effort. Funds the effort and provides final per week acceptance of program deliverables and outcomes. City Project The City Project Director is a required position. The City Project 20 hours Director Director is responsible for overall day-to-day management and per week implementation of the Cherwell ITSM System. Working with the Executive Sponsor ensures funding and required City staffing resources are available to support the implementation scope and objectives. Works with Service/Process Owners to ensure the City's resources are available to support the MITECH Implementation team in the development and implementation of service/process requirements and deliverables. Participates in the development of all program status reports/reviews and deliverable walk-through(s). Working with Executive Sponsor, coordinates review, approval, and signs -off all Acceptance Certificates for program deliverables and outcomes. M�l > Migration Technologies, Inc. Copyright © 2016, all rights reserved Page 21 of 29 25A-39 Team`Role Description of Duties Time Required Service/Process Individual Service/Process Owners are accountable for overall —Approx. Owner day-to-day management of the Services/Process they are 4 — 6 assigned and support. As their assigned Service/Process are hours 3 selected for improvements and enter the Service improvement days per pipeline Service Owners are responsible for ensuring week improvement deliverables are completed in a timely manner and in compliance with the objectives of the overall ITSM program. The Project Director will assign Service Owners/Process Owners/Administrators to work with the Core Project Team to assist in the development of ITSM tool requirements and process, Service/Process improvement work -products and deliverables. City Technical Supports the IVliTECH implementation team by providing Approx. Support Team technical expertise associated with integration of existing 4-16 technology and application needed to support implementation of hours the Cherwell ITSM System. Assist with design and provides per week configuration of in -scope supporting technologies and as applications for integration with the Cherwell ITSM System. needed Technology and applications Tool Administrators are responsible to for maintaining and modifying configurations and on-going support operational integration effectiveness of in -scope technology tools config. as needed. City Cherwell Responsible for completing assigned tasks, activities, and 16-24 Administrator deliverables as documented and scheduled. During the Cherwell hours ITSM System deployment and implementation phases, the City per week Cherwell Administrator will observe and receive hands-on guidance from MITECH's Cherwell Engineer on methods for configuring, maintaining and administration of the Cherwell ITSM System. Post implementation is responsible for on-going configuration and administration of the Cherwell ITSM System, MITECH Principal The MITECH Principal Agent/Principal Architect is the primary Approx. AgentfPrircipal contact person between the City and MITECH. The MITECH 8-16 Architect Principal Agent/Princlpal Architect has direct relationship with the hours City's Executive Sponsor. The MiTECH Principal Agent/Principal per week Architect supports MiTECH's Implementation team and provides executive project direction. Supports process development and Cherwell ITSM System requirements workshops. Participates with the Service/Process Owners in the development and implementation of service and process improvement work - products and deliverables. Participates in the development of all Program status reports/reviews and deliverable walk -throw h(s). ml 1> Migration Technologies, Inc. Copyright 0 2016, all rights reserved Page 22 of 29 25A-40 Team Role ".Description bf'Duties Tjme Rsquired MiTECH Project The MiTECH Project Manager(Principal Architect is directly 40 hours Manager/Principal responsible for the management of MiTECH implementation per week Architect team and successful implementation of the Cherwell ITSM System. The MITECH Project Manager/Principal Architect closely aligns with the City's Executive Sponsor and Project Director to ensure City resources are providing the required input and data to ensure Cherwell ITSM System Program objectives are achieved. Works with Service/Process Owners to ensure City resources are assigned appropriately to support the core implementation team in the development and implementation of the Cherwell ITSM System. Leads development and requirement workshops to create services, processes and Cherwell system configuration requirement. Works with the City's Program Director to develop the Cherwell ITSM System Communication Program and Implementation Plan. Participates with the Service/Process Owners in the development and implementation of service and process improvement work -products and deliverables. Participates in the development of all Program status reports/reviews and deliverable walk-through(s), Working with the City's Program Director, coordinates review and sign -off on all Acceptances Certificates for program deliverables and outcomes. Cherwell Engineer The Cherwell Engineer is directly responsible for the set-up and _16-24 configuration of the Cherwell ITSM System and working with the hours City's Technical Support Team to support Integrations of in- per week scope technologies and applications with the Cherwell ITSM System. The Cherwell Engineer works directly with City technical resources to ensure required technologies (databases, servers, active directory, exchange, network resources, and other in - scope applications) are properly configured and deployed to support Cherwell connectivity and utilization requirements. The Cherwell Engineer will configure non -Out -of -the -Box required capabilities to function within Cherwell ITSM System, this includes the deployment of the Cherwell Project Tracking mApp. During the deployment and implementation phases of the project, the Cherwell Engineer provides guidance and knowledge transfer to City's Cherwell Administrator on how to configure and maintain the Cherwell ITSM System. MiTECH Responsibilities MiTECH will provide appropriate qualified resources to support project management, process and data analysis, technical writing requirements and create the in -scope process operational procedures, pre -requisite data and configuration requirements, and configure and deploy the Cherwell ITSM System to meet the City's technical and functional requirements. MIPMipration Technologies, Ino, Copyright © 2016, all rights reserved Page 23 of 29 25A-41 City Responsibilities It is MiTECH's understanding that the City will provide: 1. Cherwell application software 2. Installation and configuration of on -premises virtual servers with Windows Server operating system and Microsoft SQL Server Database 3. Technical and user resources to support the implementation in accordance with MITECH's implementation approach and associated activities (provide your views and description of resources required (# of staff, project roles, time commitment, etc.) 4. Office space for vendor to work on-site as needed 5. Remote access to City network to work remotely City Resource Requirements Resource Number, of Resources Hours Per Week Executive Sponsor 1 2 - 4 City Project Director 1 20 Service/Process Owner - Incident/Service Request Mgt - Problem Mgt - Change Mgt - Asset Tracking Mgt - Knowledge Mgt 5* Approx. 4 — 8 hours, 3 days per week City Cherwell Administrator 1 16-24 Server/VM Administrator 1 PTE as needed 4.- 16 Database Administrator 1 PTE as needed 4-16 Network Administrator 1 PTE as needed 4-16 Active Directory Administrator 1 PTE as needed 4-16 Exchange Administrator 1 PTE as needed 4-16 Solarwinds Administrator 1 PTE as needed 4- SCCM Administrator 1 PTE as needed 4-16 i�l Payroll Application Administrator 1 PTE as needed 4 - • A singe resource can fill more than one Service/Process owner role • Technology Administrators are represented at Part Time Equivalent ("PTE"), as needed to assist Cherwell Engineer in establishing tooling integration strategies, implementing configuration requirements and connectively to the in -scope technologies. mj�> Migration Technologies, Inc. Copyright © 2016, all rights reserved Page 24 of 29 25A-42 7. Pricing and Payment Schedule (Exhibit C) Based on the City's Scope of Services documented within this RFP, MiTECH's deployment experience and knowledge of the Cherwell ITSM System functionality, and MiTECH's experience with process development, it is estimated the Project duration will be 13 weeks. The total consulting fees are estimated at $160,700.00. The fixed base price for the project is $153,800.00 in addition to customary travel and living expenses of $6,900.K This estimate Is based on the City's personnel resources availability and participation as described in Section 6 "City Resource Requirements" to ensure timely completion of assigned tasks and activities itemized in Section 5 ".Implementation Plan". MiTECH reserves the right to issue a change order for reasons as described in Section 8 "Change Order". Travel Expenses. $300 $1900 $300 $300 $300 $300 $1300 $300 $300 $300 $300 $300 $300 $6,900 Monthly Progress Milestone Billing The Monthly Progress Milestone Billing is based upon the percentage complete for each of the project lifecycle milestones. Project lifecycle milestones will be itemized within a Microsoft project plan including supporting activities and tasks needed to complete each milestone. The percentage of completion will be calculated and reported weekly in a project status report. Cherwell Miqration Technologies, Inc, Copyright 0 2016, all rights reserved Page 25 of 29 25A-43 Month Milestone Project Milestone ` Complete i Progress Billing 3 Cherwell Build100% 3 Orchestrate _ 100% 3 User Acceptance Testing 100% 3 Early Life Support 100% $54,442.48 3 Travel & Living Expenses $1500.00 Month 3 Billing $55,942.88 Total Project Billing 1 $160,700.00 The City's Program Director shall review and approve all project deliverables as documented in a monthly "Acceptance Certificate" provided by MITECH. The Acceptance Certificate will reflect the monthly billing fee shown in the above table based on the satisfactory progress made by MiTECH as itemized in the Project Plan, plus any additional pre -approved travel expenses. MITECH will not be held responsible or penalized for any assigned tasks and deliverables assigned to the City's personnel resources that are not completed on time causing project delays and rescheduling of tasks and assignments. 8. Change Orders Changes in the Project timeline or cost resulting from delays, non-performance of City personnel resources to complete assigned tasks, or additional scope requests, may result in the MiTECH issuing or requesting a Change Order. If this occasion arises, a Change Order must be documented in writing, approved by both the City and MiTECH, and additional fees must be authorized by the City. Primary Contact: Jim Flores, cell phone - 805-377-0736, email—jimaflores@mitechcorp.net Secondary Contact: Dave Howard, cell phone 949-300-2475, email — dave.howard@mitechcorp.net If requested, Migration Technologies will submit its most recent audited financial statement, evidencing its financial capacity to fully perform the required services. m1 Migration Technologies, Inc. Copyright © 2016, all rights reserved Page 26 of 29 25A-44 Attachment A — MiTECH Resource Bios IJim Flores, ITSM/IT Transformation Consultant, ITIL° Practitioner Certification JIM Flores is the Managing Principal for Migration Technologies headquartered in Camarillo, California. He has more than 30 years of extensive global experience in building and managing highly effective IT infrastructure operational teams and solutions that leverage IT Service Management best practices and tools, His background includes strong leadership positions, including CIO and executive management roles for Fortune 100/500 companies such as Citicorp/Citibank, MGM/UA, and McKesson Corporation. Jim brings experience and expertise in developing and implementing IT Service Management programs and solutions, Including ITSM service/process strategy and design, business and IT service portfolios, applications management ifecycfe solutions, configuration and capacity management database solutions, business impact analysis/disaster recovery planning, and deployment of ITSM tooling solutions including Cherwell, ServiceNow, BMG Atrium, HP Service Manager, CA/Unicenter, and Integrated Business Service Manager (" ISSM"). His hands-on ITSM experience developing and deploying IT Infrastructure rationalization solutions transforms IT into a valued Strategic Business Service Provider. Improved services alignments to Business Strategy and Objectives result in operational cost reductions, and realization of significant returns on investments to his clients. Jim holds many certifications including ITIL v2/v3 Foundations certifications, ITIL Practitioner certification, ISO 27002 certifications. as�> Migration Technologies, Inc. Copyright © 2016, all dghts reserved Page 27 of 29 25A-45 40>10 Migration Technologies (805)957-1146 AuthorDave Howard, ITSM Consultant, ITILO Expert, DAVE HOWARD is a Principal with Migration Technologies headquartered in Camarillo, California. Dave utilizes his 25 years of experience in providing executive leadership in creating strategy and design for IT Organizational Transformation. He is the author or lT Release Management; A Hands on Guide, a common sense approach to implementing Release and Deployment Management Dave's expertise has enabled him to successfully execute and lead several transformational engagements as well as successfully manage merger and acquisition engagements. These engagements have included the optimization of a newly spun off mid-t€er insurance company, including rationalization of services and data centers. Transforming the delivery of services within a large global engineering company, the separation of a business unit for the purposes of meeting government regulations and the acquisition of new companies. Bringing experience and expertise in developing and implementing IT Service Management programs and solutions including ITSM service/process strategy and design, deployment of ITSM tooling solutions including Cherwell, ServiceNow, HP Service Manager, and Integrated Business Service Manager ("IBSM" ). Prior to joining Migration Technologies, Dave was the Director of IT Service Management with Toyota Financial Services. In this role, Dave was responsible for development and implementation of service strategy, service and process management solutions, including day to day operations, and implementation of HP Service Manager. Dave holds many certifications including Certified Cherwell Technical Implementer, ITIL Service Managers Certification, two ITIL Practitioner certifications, COBIT and ISO 20000 & 27002 certifications. Dave is considered an industry expert in IT services management and speaks regularly at conferences including itSMF Fusion, Pink Elephant International Service Management Conference, IQPC & IDC conferences as well as itSMF LIG events. He has also contributes regularly to articles in Network World, Network World UK, bnet.com, BSM Review and other publications, M> Migration Technoloqies, Inc. Copyright © 2016, all riphls reserved 25A-46 Page 28 of 29 Architect McArthur Sandridge is the Principal Technologist with Migration Technologies headquartered in Camarillo, California, McArthur utilizes his 29 years of experience in successfully architecting business and IT data management solutions for several major client projects across a variety of industry sectors. These projects include both governmental and private industry projects that were transformative to the client. From re -designing and implementing various projects, technologies, asset management related systems and processes for LA County to systems reengineering resulting in improved processing performance speed for TSYS's Loyalty platform. Every project has had numerous benefits for his clients. In all cases, he was recognized and valued for his ability to resolve any problem with an elegant and supportable solution. McArthur brings deep experience and expertise in developing and implementing IT Service Management solutions and supporting technologies. As lead technical architect, he is responsible for functional design, configuration and continual enhancements of MITECH's Integrated Business Service Manager ("IBSM") cloud -based managed service product. Developed on the Cherwell SMS platform, IBSM is a unique toolset that integrates business service strategy, service portfolio, service configuration management, demand and capacity management, project portfolio/resource management, application lifecycle management, and service financial management capabilities into a single pane of glass. MacArthur also has extensive expertise in the design, configuration, and deployment of the Cherwell SMS product toolset across all ITSM application modules, He served as Lead Configuration Consultant in design, configuration, and deployment of LA County, ISD's, Cherwell SMS Implementation Program, resulting in LA County, ISD's Cherwell SMS Implementation Project Team winning the itSMF 2014 USA Project of the Year Award. McArthur holds a number of certifications Including Certified Cherwell Technical Implementer; ITIL V3 Foundations, ITIL V3 Continuing Service Improvement Practitioner, as well as Microsoft systems certifications. McArthur has been instrumental in bringing products to their peak of quality and performance. From working with original developers and subsequent owners of products like SQR, to beta testing for Microsoft, Cherwell Software and other companies, his input has shaped many a system in use today. st ,> Migration Technologies, Inc. Copyriqht © 2016, all rights reserved 25A-47 Page 29 of 29 w/o Knowledge Mgt Operating Procedure 6,805- , w/o Identl0ed scope reduction 19,399 With'0miedtTrei•.klno . r ,.2,382= 4 with Knowledge Mgt Module Configuration 1,361 6824 Calle Tania, Camarillo, CA 93012 25A-48 119;263 Original Pre-RFP Cursory: Estimate677 200 135,400 ;. RCP Price Quotation/not including T&L<expenses 904 170 153 800 "Op jors'r Asset Tracking 56 170 w/e Asset Tracking - 849 170 144,273 144,P73 ! < , _ Billing Codes 40 170 6,805 w/o Billin3 Codes 884 170 146,995 137;467 z , X14 < Project Tracking ,. _ 170 2,382 w/o Project Tracking 890 170 151,418 135,086, t. t" y '<Y 4 o-2v..`.eL3 i. S, :y S, Rgg <RggyjC-ernoo< n,va.v. y.- ,.,._,.=..H2l Cs ?wG .t P,ei Maul :..iRf�sl G;o�P';».t orS..f9enk ,., .....c.<z, - Self-service-portal,should be accessibie1fom A7 ilptf1lt151d8.80.d.t2lUSLdEI�/ tMn netWnrk with Flours are for outside proper authentication 4 170 681 access configuration < n EstabUeh a�o�fld Whtehf ar4aa for 4'ol`lcer _ a B9 DepaCS 91lk Sei'$4itaS Dn RCP010 a.,,; � w.' Ability for and users to order standard goods 88 and sorvices from a catalog 12 170 - 2,042 - Ability for users to search knout edgobase by B12 category or keywords 2 170 340 618-. 6stahily6vtofkflow apptoval Wlos a}Ngueat -; '_.. ' 77170 .,:'t` li �,..a fatihlr§s.in.apprgval .:12 , Ability to assemble relatod packages of tasks B25 based on service catalog item {e,.g,. New employee set upj 12 170 Z042 t Ability to searoh knowledgebase from the 830 Inoldent for relevant articles 1 170 170 _ lnte�ai teras iln w/o Knowledge Mgt Operating Procedure 6,805- , w/o Identl0ed scope reduction 19,399 With'0miedtTrei•.klno . r ,.2,382= 4 with Knowledge Mgt Module Configuration 1,361 6824 Calle Tania, Camarillo, CA 93012 25A-48 119;263