HomeMy WebLinkAbout2021-3080AGREEMENT FOR CONSUL TING SERVICES
This Agreement for Consulting Services ("Agreement") is made and entered Into in the State of
Minnesota this 24th day of March, 2021, by and between the City of Columbia Heights, a municipal corporation
rcity"), and Sciens LLC ("Consultant").
WHEREAS, the City desires to hire the Consultant to perform certain consulting services specified
herein; and
WHEREAS, the Consultant represents that the Consultant and/or the Consultant's personnel have the
qualifications and experience to properly perform such services:
NOW, THEREFORE, the City and the Consultant hereby agree as follows:
1.Scope of Services
Consultant shall furnish the City with professional consulting services as more particularly set forth in
Exhibit A, Sciens Methodology, attached hereto and incorporated by this reference in full herein.
2.Method of Performing Services
Subject to the terms and conditions of this Agreement, the Consultant may determine the method,
details, and means of performing the services described herein.
3.Standard of Performance
Consultant agrees to undertake and complete these services to conclusion, using that standard of care,
skill, and diligence normally provided by a professional person in the performance of similar consulting services.
4.Non-Exclusive Services
This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services
for Consultant's own account or to any other person or entity as Consultant in its sole discretion shall determine.
Consultant agrees that performing such services will not materially interfere with services to be performed for
the City.
s.Coordination of Services
All services are to be coordinated with the City Manager ("Project Manager") and shall be performed
under the general direction of the Project Manager.
6.Place of Work
Consultant shall perform the services provided for in this Agreement at any place or location and at such
times as the Consultant shall determine.
7.Principal in Charge
Consultant have designated one of its Partners, Stephen Gousie, as its principal-in-charge and person
responsible for necessary coordination with the Project Manager.
8.Permits. Licenses, Certificates
Consultant, at Consultant's sole expense, shall obtain and maintain during the term of this Agreement,
all permits, licenses, and certificates required in connection with the performance of services under this
Agreement, including a City business license.
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Contract # 2021-3080
9.City's Responsibility
City shall cooperate with Consultant as may be reasonably necessary for Consultant to perform its
services. The Project Manager agree to provide direction to Consultant as requested regarding particular project
requirements.
10.Term of Agreement
This Agreement shall begin upon approval by the City.
11.Termination
a.This Agreement may be terminated by City if the Project Manager notifies Consultant, in
writing, of Project Manager's desire to terminate the Agreement. Such termination shall be effective ten
calendar days from the date of delivery or malling of such notice. City agrees to pay Consultant in full for all
amounts due Consultant as of the effective date of termination, including any expenditures incurred on City's
behalf, whether for the employment of third parties or otherwise.
b.This Agreement may be terminated by Consultant if Consultant notifies the Project Manager,
in writing, of Consultant's desire to terminate the Agreement. Such termination shall be effective ten calendar
days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have
been completed prior to the date of termination.
12.Compensation
a.City agrees to pay Consultant in a not-to-exceed amount for services provided under this
Agreement at rates provided in Exhibit B, Project Costs, attached hereto and Incorporated by this reference in
full herein.
b.The acceptance by Consultant of the final payment made under this Agreement shall
constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed,
finished or relating to Consultant's services.
c.Consultant shall provide the Project Manager with a completed Request for Taxpayer
Identification Number and Certification as issued by the Internal Revenue Service (IRS Form W-9).
d.If any sales tax is due for services performed by Consultant or materials or products provided
to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid
by Consultant.
13.Method of Payment
a.City agrees to pay Consultant for the completion of each work element as identified in the
Exhibit B, Project Costs, attached hereto and incorporated by this reference in full herein.
14.Responsibility for Expenses
Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses
incurred by Consultant in performing services under this Agreement. All expenses incident to the performance
of services under this Agreement shall be borne by the Consultant, including, but not limited to entertainment
and promotion, general liability and health insurance, workers' compensation insurance, and all compensation
and benefits of employees or agents engaged by Consultant. Consultant shall, at its own cost and expense,
supply all personal property necessary or appropriate to perform the services provided for under this
Agreement, including, but not limited to any personal property used by employees and agents of Consultant in
the performance of such services. Travel expenses incurred in performing services under this Agreement shall
only be billed to the City if expressly approved by the Project Manager prior to being incurred.
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15.Non-Appropriation of Funds
Payments to be made to Consultant by City for services performed within the current fiscal year are
within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City.
In the event City does not appropriate sufficient funds for payment of Consultant's services beyond the current
fiscal year, this Agreement shall cover payment for Consultant's services only up to the conclusion of the last
fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such
fiscal year.
16.Records
a.At City's request, City shall be entitled to immediate possession of, and Consultant shall
furnish to the Project Manager within ten days, all of the project deliverables. Consultant may retain copies of
these documents.
b.Any substantive modification of the documents and materials by City staff or any use of the
completed documents and materials for other City projects, or any use of uncompleted documents and
materials, without the written consent of Consultant, shall be at City's sole risk and without liability or legal
exposure to Consultant. City agrees to hold Consultant harmless from all damages, claims, expenses and losses
arising out of any reuse of the documents and materials for purposes other than those described in this
Agreement, unless Consultant consents in writing to such reuse.
17.Confidentiality of Information
Any documents and materials given to or prepared or assembled by Consultant under this Agreement
shall be confidential and shall not be made available to any third person or organization by Consultant without
prior written approval of the Project Manager; however, notwithstanding the above, the Public Information Act
shall take precedence over the terms above. In the event of a conflict between the terms of this section and the
terms of the Public Information Act, the terms of the Public Information Act shall control.
18.Indemnity
Consultant agrees to indemnify, hold harmless and defend City, Its City Council, and each member
thereof, and every officer, employee, representative or agent of City, from any and all liability, claims, demands,
actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage),
costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or
indirectly from any acts or omissions related to this Agreement performed by Consultant or its agents,
employees, subconsultants, subcontractors, consultants and other persons acting on Consultant's behalf. This
agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of
active negligence, passive negligence, or acts for which Consultant or its agents, employees, subconsultants,
subcontractors, consultants and other persons acting on Consultant's behalf would be held strictly liable.
19.Insurance
a.Consultant shall obtain and maintain during the performance of any services under this
Agreement the insurance coverages as specified In Exhibit C, attached hereto and incorporated herein by this
reference, issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the
requirement that Consultant obtain and maintain such insurance coverages.
b.Consultant shall, prior to performance of any services, file with the Risk Manager evidence of
insurance coverage as specified in Exhibit C. Evidence of insurance coverage shall be forwarded to the Risk
Manager, addressed as specified in Exhibit C.
c.Maintenance of proper insurance coverages by Consultant is a material element of this
Agreement. Consultant's failure to maintain or renew insurance coverages or to provide evidence of renewal
may be considered as a material breach of this Agreement.
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20.Independent Contractor
a.City and Consultant agree that in the performance of the services, Consultant shall be, and is,
an independent contractor, and that Consultant and its employees are not employees of City. Consultant has
and shall retain the right to exercise full control over the employment, direction, compensation and discharge of
all persons assisting Consultant.
b.Consultant shall be solely responsible for, and shall save City harmless from, all matters
relating to the payment of Consultant's employees, agents, subcontractors and subconsultants, including
compliance with social security requirements, federal and State income tax withholding and all other regulations
governing employer-employee relations.
c.Consultant acknowledges that Consultant and Consultant's employees are not entitled to
receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve
leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System
benefits, or health, life, dental, long-term disability and workers' compensation insurance benefits.
21.Consultant Not Agent
Except as the Project Manager may specify in writing, Consultant, and its agents, employees,
subcontractors and subconsultants shall have no authority, expressed or implied, to act on behalf of City in any
capacity, as agents or otherwise, or to bind City to any obligation.
22.Conflict of Interest
Consultant shall promptly inform the Project Manager of any contract, agreement, arrangement, or
interest that Consultant may enter into or have during the performance of this Agreement that may conflict with
City's interests. This requirement includes contracts, agreements and arrangements with manufacturers,
suppliers, contractors or other clients whose interests might be served by the services performed under this
Agreement and Consultant's or Consultant's clients' interest in land that might be affected by the services.
Consultant shall take such measures as are necessary in the performance of this Agreement to prevent actual or
appearances of conflicts of interest.
23.Assignability of Agreement
Consultant agrees that this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's personnel's unique competence, experience and specialized personal
knowledge. Assignments of any or all rights, duties, or obligations of Consultant under this Agreement will be
permitted only with the express written consent of the Project Manager, which consent may be withheld for any
reason.
24.Successors and Assigns
Consultant and City agree that this Agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, successors and assigns of Consultant and City.
25.Fair Employment Practices
a.Consultant agrees that all persons employed by Consultant shall be treated equally by
Consultant without regard to or because of race, color, religion, ancestry, national origin, disability, sex, marital
status, age, or any other status protected by law, and in compliance with all antidiscrimination laws of the United
States of America, the State of Minnesota, and City of Columbia Heights.
b.Consultant agrees that, during the performance of this Agreement, Consultant and any other
parties with whom Consultant may subcontract shall adhere to equal opportunity employment practices to
assure that applicants and employees are treated equally and are not discriminated against because of their
race, color, religion, ancestry, national origin, disability, sex, marital status, age, or any other status protected by
law.
c.Consultant agrees to state in all of its solicitations or advertisements for applicants for
employment that all qualified applicants shall receive consideration for employment without regard to their race,
color, religion, ancestry, national origin, disability, sex, marital status, age, or any other status protected by law.
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26.Force Majeure
Consultant and City agree that neither City nor Consultant shall be responsible for delays or failures In
performance resulting from acts beyond the control of either party. Such acts shall include, but not be limited to
acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations imposed after this
Agreement was executed, fire, communication line failures, tornado, earthquakes, or other disasters.
27.Covenants and Conditions
Consultant and City agree that each term and each provision of this Agreement to be performed by
Consultant shall be construed to be both a covenant and a condition.
28.Governing Law
Oty and Consultant agree that the construction and interpretation of this Agreement and the rights and
duties of City and Consultant hereunder shall be governed by the laws of the State of Minnesota.
29.Compliance with Laws
Consultant agrees to comply with all City, State, and federal laws, rules, and regulations, now or
hereafter in force, pertaining to the services performed by Consultant pursuant to this Agreement.
30.Severability
City and Consultant agree that the invalidity in whole or in part of any provision of this Agreement shall
not void or affect the validity of any other provision.
31.Waiver
Oty and Consultant agree that no waiver of a breach of any provision of this Agreement by either
Consultant or City shall constitute a waiver of any other breach of the same provision or any other provision of
this Agreement. Failure of either City or Consultant to enforce at any time, or from time to time, any provision of
this Agreement, shall not be construed as a waiver of such provision or breach.
32.Counterparts
City and Consultant agree that this Agreement may be executed in two or more counterparts, each of
which shall be deemed an original.
33.Arbitration
Consultant and City agree that in the event of any dispute with regard to the provisions of this
Agreement, the services rendered or the amount of Consultant's compensation, the dispute may be submitted to
arbitration upon the mutual agreement of the parties, under such procedures as the parties may agree upon, or,
if the parties cannot agree, then under the Rules of the American Arbitration Association.
34.Expenses of Enforcement
Consultant and City agree that the prevailing party's reasonable costs, attorneys' fees (including the
reasonable value of the services rendered by the City Attorney Office) and expenses, including investigation fees
and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and
conditions of this Agreement.
35.Authority to Execute
a.City acknowledges that the person executing this Agreement has been duly authorized by the
City Council to do so on behalf of City.
b.Consultant acknowledges that the person executing this Agreement has been duly authorized
by Consultant to do so on behalf of Consultant.
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36.N o ticesa.Any notices to Consultant may be delivered perso nally o r by mail addressed to Sciens LLC,5900 South Lake Forest Drive, Suite 300, McKinney, Texas 75070. b.Any no tices to City may be delivere d perso nally o r by mail addressed to City of ColumbiaHeights, l o cated at City of Co lumbia Heights, 590 40th Avenue NE, Columbia Heights, Minneso ta 55421, attentio n Kelli J. Bo urgeois, City Manager.
37.AmendmentCity and Co nsultant agree that the terms and co nditio ns of the Agr eement may be reviewed or mo difiedat any time. Any mo dificatio ns to this Agreement, ho wever, shall be effective o nly when agreed to in writing by bo th the Pro ject Manager and Consultant.
38.Entire AgreementCity and Co nsultant agree that this Agreement constitutes the entire agree ment o f the parties regardingthe subject matter d escribed herein and supersedes all prior co mmunicatio ns, agreements, and promises, either oral o r written.
39.No Waiver of Governmental ImmunityNothing co ntained in this Agreem ent shall be construed as a waiver o f City's go vernmental immunity, o r
o f any damage caps o r limitati o ns imposed by law, o r any o ther legal pro tectio ns granted t o City by law.
40.No Third-Party Bene ficiariesExcept as expressly pro vided he rein, nothing herein is int ended to co nfe r up o n any person other thanthe parties h ereto any rights, benefits o r remedies under o r because o f this Agree ment, pro vided, ho wever, that the described beneficiarie s o f the indemnity provisio ns o f this Agreement are expressly intended third-party beneficiaries o f this Agr eem ent.
41.Venue.If any actio n, whether real o r asserted, at law o r in equity, is bro ught o n the basis o f this Agr eement,venue for such actio n shall lie in state co urts located in Ano ka County, Minneso ta.
EXECUTED this�ay o f� 20�.
City of Columbia Heights, Minnesota
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_..,�.>...:.·�-j-ff\�..,..,M�'j=UV:::w...L.,_ ____ (title)
EXECUTED this� day o f� 20�.
Sclens LLC
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--'S ___ t=e p�h�e=n"-G=o=u=s=ie=-----------(printed)
�P�a�rt=n=e�r ____________ (title)
Page 6
Exhibit A
Sciens Methodology
Years of experience working with clients has enabled Sciens Consulting to refine our approach into a
proven and structured Technology Planning methodology that incorporates industry standard best
practices to deliver effective and field proven implementable solutions. We have analyzed the best
research-based frameworks and have integrated their best elements into the methodology shown
below.
Sclens Assessment and Strategic Technology Planning Methodology
Phase 1 -Project Initiation and Data Gathering
After a review of available documentation, we work with the City to gather targeted information
required for our assessment through toolsets which Sciens will provide. We will conduct interviews
with City Management and the IS Department. In addition, we will conduct interviews with the
operational departments/divisions to understand how they utilize enterprise application systems in
support of their business objectives; it is expected that there will be up to seven interviews conducted
over a two-day period. In addition, we will conduct an end user survey to understand their satisfaction
with both the systems and the support provided. The City will have an opportunity to review the
survey and provide feedback prior to its release, and will receive updates regarding participation
during the approximately two week period the survey will remain open.
During this first phase, we also perform several tasks designed to evaluate every aspect of the IS
Department's business, both managerially and technically. Data will be collected through interviews
and focus groups with the IS Department's staff, as well as through an examination of physical sites
and documentation. Sciens will perform the following tasks:
Page 7
•Project Coordination and Data Collection
Sciens works with the City to obtain relevant background information through our standard data
collection toolset and any documentation available in the City, including but not limited to:
'-Current technical and application infrastructure
o Current applications and network environment diagrams
End User Satisfaction Survey
l., Current ancillary systems support, and
Financial and operational benchmarking data.
•Strategic Direction Assessment
We will meet with City Management to understand the business direction of the City and the
priorities for their information technology investment. We will discuss the City's perceived value
drivers, the risks that need to be mitigated using information technology, and review the existing
information technology governance structure. We will also discuss a long-term strategy and capital
replacement plans.
•Key Stakeholder Functional Needs Assessment
We will interview the management and key staff in each operational department to identify
information requirements and future business needs. Discussion points will include:
v
G
G
Business Processes
Automation Shortcomings
Application Interfaces and Data Workflow
Reporting Challenges
End User Support Requirements
Remote Access and Mobile Computing
•IS Organization Assessment
Review the function and operations of the IS Department, including:
c-Departmental functions and organizational structure;
e, Decision-making capabilities, authorizations and processes (i.e., Technology Governance);
Levels of organizational staffing, in-sourced and outsourced staff and support issues; and
Current IT resources, support and training.
Phase 1 Deliverables
•Collection of information of financial, operational and infrastructure environment
•Project planning
•Interviews
•Survey
•Network and applications architecture diagrams
sc1ens r r, I
Page8
Phase 2 -Current Environment Assessment
In Phase 2, we will assess the City's overall technology strengths and weaknesses, and identify gaps in
the overall environment. Leveraging this information, we will determine key strategies, goals, and
objectives in order to address the issues identified. At a minimum, we will provide a review of the
following areas:
Strategy
o Fiscal Benchmarking
o Strategic Alignment
o IT Strategic Thinking and Planning
o City's Technology Direction
o IT Readiness for Emerging Technologies
Architecture
o Servers, Storage and Backup
o Network
o Data Centers
o Network and System Management
o End User Computers
o Mobility
o Telephony
o GIS
o Enterprise Applications
o Business Continuity
o Security Risk
•Infrastructure & Appl ications Architectures
Governance
o End User Satisfaction
o IT Engagement
o Project Management
o Relationship Governance
o Policies
Organization
Organizational Structure
c Staffing Levels
c Project Management
o Staff Development
o Performance Management
We will assess the existing infrastructure architecture, including network and servers, and
applications architecture in order to identify initiatives to stabilize and improve the existing
environment. This is done in order to minimize the disruptive effect on the technical environment
as well as minimize the technical support which will be required.
•System Support Requirements
Assess the function and operations performed to support the current system based on interviews
with the IS staff and end-user support staff, including:
c The ability of the application to support technical services, such as workflow changes
o Third party vendor interaction within the overall support structure
'--' User involvement, control and segregation of duties between IS and user departments for
configuration changes.
Phase 2 Deliverables
•Assessment Report
./Project Purpose and Background
./Review and findings for existing
infrastructure
./Summarize perceived risk to the City's IT
operations, critical business functions
./Review of risks associated with IT
infrastructure and practices
./Gap Analysis
./Financial and Staffing Benchmarking
Page9
Phase 3 - Recommendations
Based upon the assessment performed in the previous phase, Sciens will develop a list of projects that
address the limitations and take advantage of opportunities identified. We will recommend technology
projects that are practicable and implementable over the course of the next 5 years. The project list
will provide a summarized decision matrix that will allow City Management to determine project
priorities using the following comparative criteria:
•Cost -Project costs are estimated by Sciens for hardware, software and related services. All
costs are evaluated based on a 5-year cost of ownership, which factors in the initial cost to
purchase and ongoing maintenance costs.
•Timeframe -The length of time required complete the implementation is a key consideration.
Typically, projects that take longer to implement can be more disruptive to the affected
environment.
•Value -Utilizing the strategic technology direction and derivative principles, Sciens works with
the City to identify the factors that define project value. Common value factors include:
./Improvement to existing community services
./Creating new services
./Lowering operational expenses
./Improving management's ability to make decisions in a timely manner
•Risk -The strategic technology direction and derivative principles are also valuable when
identifying the factors that define project risk for the City. Common risk factors include:
./Increasing financial uncertainty due to shifting funding sources
./Increased technical complexity
./Resource depletion for project implementation
Phase 3 Deliverables
•Project Portfolio Matrix
./Project Initiatives
./Prioritized Projects List
./Estimated Projects Costs (e.g., capital, recurring)
./5-Year Project Timeline
./Estimated Project Staff Hours
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Phase 4 -Information Technology Strategic Plan
Once City Management has reviewed and finalized the project initiatives they want included, the
Sciens team will compile the initiatives, budgets, and implementation timelines, and create the City's
Information Technology Strategic Plan draft. The Plan will address the following:
o Goals and Objectives
o IT Vision and Principles
o Kev Issues
o IT Initiatives by Priority
o Replacement Planning
o Architecture Changes
o Cost Estimates
o Operations and Maintenance
o Timelines
Phase 4 Deliverables
•Draft Information Technology Strategic Plan
./Strategic Technology Direction, Goals and Objectives
./Estimated Projects Costs (e.g., capital, recurring)
./Implementation Schedule
./Calendarized Investments
./Resource Utilization
./Project Descriptions
./Staffing, Resource Sourcing (internal/outsourced) and Deployment Recommendations,
including those implied by Project Recommendations
•Final Information Technology Strategic Plan
Page 11
Exhibit B
Project Costs
The total project professional fees for services on the City of Columbia Heights Information Technology
Strategic Plan consulting project are represented below. Based on the scope of work description,
deliverables, and our proposed method for conducting the services outlined below, our not-to-exceed
total cost to complete all tasks is $34,600 as detailed below.
Given the current environment, all interactions (i.e., interviews, project management discussions) are
proposed to take place via Web conferencing, which Sciens will host. As a result, no expenses are
included with this proposal. Should conditions change and the City desires onsite activity, travel
expenses will be billed as incurred.
Phase Activity Hours Fees Expenses Total
1 Data Gathering & Interviews 104 $ 17,200 $-$ 17,200
2 Assessment Report 52 $ 6,800 $-$6,800
3 Project Initiatives, Budgets & Timelines 36 $ 4,800 $-$4,800
4 Information Technology Strategic Plan 44 $ 5,800 $-$5,800
TOTAL 236 $ 34,600 $-$ 34,600
Page 12
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Page 13
CITY COUNCIL MEETING
AGENDA SECTION ITEMS FOR CONSIDERATION
MEETING DATE MARCH 22, 2021
ITEM: Resolution 2021-35 Funding an Evaluation and Strategic Plan for The City's Information Systems
DEPARTMENT: Finance BY /DATE: Joseph Kloiber, Finance Director/ March 18, 2021
CITY STRATEGY: (please indicate areas that apply by adding a bold "X" in front of the selected text below)
_Safe Community _Diverse, Welcoming "Small-Town" Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability �Strong Infrastructure/Public Services
Opportunities for Play and Learning Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
As discussed at the November 2, 2020 City Council work session, and addressed within the December 14th agenda packet
supporting the 2021 budget, there are a number of information system needs that are not yet included in the 2021
budget, nor in the City's long-term financial plan or its capital improvement plans.
Some of these items arose late in the process for the 2021 budget, such as items initially purchased with emergency
pandemic funding. The cost of many other items under consideration can only be determined in the context of an
overall plan for what services and features that stakeholders want the City's information systems to provide over the
next several years.
As discussed with the City Council, staff recommends contracting for an independent preparation of this evaluation and
strategic plan. This would allow staff to provide the City Council with a comprehensive recommendation to improve the
City's information systems that reflects all relevant costs and tradeoffs.
Staff obtained referrals to four firms qualified to perform this work. Two firms declined; Protivity (Robert Half), and
Human Capital. Of the two firms with responsive proposals, Mel Bunt and Sciens Consulting, Sciens has significantly
more experience providing this type of analysis for local governments. In addition, the proposal from Sciens Consulting
has a detailed time budget with a not-to-exceed price. Whereas, the proposal from Mel Bunt is open-ended, at a stated
hourly rate.
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of Resolution 2021-35, there being ample copies available to the public.
MOTION: Move to adopt Resolution 2021-35, being a resolution amending the 2021 budget to transfer $40,000 of
fund balance from the general fund to the information systems fund, funding an evaluation and strategic plan for
the city's information systems; and to authorize the city manager to enter into the related agreement with Sciens
Consulting.
ATTACHMENT(S):
Resolution 2021-35
Proposal from Sciens Consulting