HomeMy WebLinkAbout12. Approve PSA w-iSpace Inc.-Application Specialist Contractor12IL-1100W
To. MAYOR RODRIGUEZ AND MEMBERS OF THE CITY COUNCIL APPROVED BY
CITY MANAGER
• OFFICE OF THE CITY MANAGER
BY: ANIL H. GANDHY — DIRECTOR OF FINANCE
AND ALVIN LAMMANAGER
DATE: JUNE 11, 2019
SUBJECT: INFORMATION TECHNOLOGY CONTRACT SERVICES
RECOMMENDATION
That the City Council approves a Professional Services Agreement (PSA) with iSPACE Inc. To
provide an Application Specialist contractor to support and maintain many of the City's
department core applications; and, authorize the Mayor to execute the Agreement.
The City's Information Technology (I.T.) support staff provides a wide range of technical support
for all City departments and • including the Police and Fire departments.
In order to provide the necessary Information Technology support to various departmen s n t e
most efficient and cost effective manner; staff recommend adding an Application Specialist
Contractor to the I.T. Division. This Application Specialist will provide technical assistance to
critical applications used by City Staff. These applications consist of but not limited to:
Permitting, Fire Records Management, and City's Document imaging system.
The City's Information Technology Manager will administer the contract. The estimated annual
cost for this service is $112,320.00. Any extra work and holiday support requests would be at
an additional hourly rate cost set forth in the contracts. Extra work requests will only be
approved in the event of critical system interruptions and/or when needed to meet critical project
deadlines.
The projected annual cost Of Information Technology contract services is $112,320.00 which is
a part of the City's Fiscal year 2019-20 budget.
ATTACHMENTS:
Agreement with Information Technology Contractor: iSPACE Inc.
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH iSPACE INC., FOR
1. PARTIES ANb DATE.
This Agreement is made and entered into this 12th day of June, 2019 by and between
the City of Downey, a California municipal corporation and charter city with its pr nc pa
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and iSpace
Inc., a California Corporation, with its principal place of business at 2381 Rosecrans Ave.
Suite 110, El Segundo, CA 90245 ("Consultant"). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
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Consultant desires to perform and assume responsibility for the provision of certain
professional specialized Information Technology Consulting services required by City on
the terms and conditions set forth in this Agreement. Consultant represents that it has
demonstrated competence and experience in providing specialized Information Technology
Consulting services to public clients, is licensed in the State of California, and is familiar with
the plans of City.
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City desires to engage Consultant to render such services for specialized Information
Technology Consulting Services ("Project") as set forth in this Agreement.
3, TERMS.
General Scope of Senfices. Consultant promises and agrees to furnis
to City ail labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the specialized Information Technology Consultin
services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attache
hereto and incorporated herein by reference, and all applicable local, state and federal law
rules and regulations. I
3.1.2 Term. The term of this Agreement shall be from June 12, 2019 to June
30, 2020, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
and deadlines. The term of this Agreement may be extended by written amendment to t is
Agreement signed by the City Manager and the Consultant.
3�2.1 Control and Payment of Subordinates� Indepen en Contractor. The
Services shall be performed by Consultant or under its supervisiom Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee, Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible
for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and
hold harmless CITY for the payment of any employee and/or employer contributions for
CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement in accordance with a schedule of services as
agreed upon by the parties. Consultant represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. In order to
facilitate Consultant's conformance with any schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed
schedule of anticipated performance to meet the schedule of services. The parties
acknowledge that the schedule of services may be amended by mutual agreement due to
changes in circumstances, including changes in the performance schedules of other third
parties performing work for the City on the Project, which affect the timing of Consultant's
performance of the Services.
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(A) Minimum Sco e o insuroce. (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence
basis including products and completed operations, property damage, bodily injury and
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personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired)
and 9 (non -owned); and (3) Workers' Compensation : Workers' Compensation insurance as
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) Commercial General Liability (CGL): No less than $1,000,000 per
occurrence for products and completed operations, bodily injury, property damage and
personal and advertising injury. If Commercial General 'Liability insurance or -other form with
general aggregate limit applies, either the general aggregate limit shall apply separately to
this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: No less than $1,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation: Workers'
Compensation limits as required by the Labor Code of the State of California with Statutory
Limits; (4) Employer's Liability: Employer's Liability limits of no less than $1,000,000 per
accident for bodily injury or disease. Employer's Liability coverage may be waived by the City
if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in
this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
City.
3.2.10.3 Additional Insurance.
Professional Liabilily fErrors & Omissions). Consultant shall procure and
maintain, and require its sub -consultants to procure and maintain, fora period of five (5)
years following completion of the Services or the Project, errors and omissions liability
insurance appropriate to its profession. Such insurance shall be in an amount not less than
$1,000,000 per occurrence or claim and $1,000,000 in the aggregate, and shall be endorsed
to include contractual liability. If the Consultant maintains broader coverage and/or higher
limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be
entitled to the broader coverage and/or higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
Technology Professional Liability (Errors and Omissions) Insurance.
Consultant shall procure and maintain, and require its sub -consultants to procure and
maintain, for a period of five (5) years following completion of the Services or the Project,
Technology Professional Liability (Errors and Omissions) insurance_appropriate to thle
Consultant's profession, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by Consultant in this Agreement and shall include, but not be
limited to, claims involving infringement of intellectual property, including but not limited to
infringement of copyright, trademark, trade dress, invasion of privacy violations, information
theft, damage to or destruction of electronic information, release of private information,
alteration of electronic information, extortion and network security. The policy shall provide
coverage for breach response costs as well as regulatory fines and penalties as well as credit
monitoring expenses with limits sufficient to respond to these obligations.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms
approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
liability arising from the work, Services, Project or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work,
Services. Project or operations; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form
CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if
later revisions are used).
A Waiver of Subrogation. Consultant hereby grants to City a
waiver of any right to subrogation which any insurer of said Consultant may acquire against
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except with written notice by certified mail, return receipt requested to
the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Prima ry Coverage. For any claims related to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Consultant's insurance and shall not be called upon to contribute with it in
any way.
3.2.10.6 Seoaration of Insureds• No Soecial Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
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fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3.1 Cornensation. Consultantshall' receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit °B° attached hereto and incorporated herein by reference. The total
compensation shall not exceed One Hundred Twelve Thousand Three Hundred Twenty
Dollars and 00/100 ($112,320.00) without written approval of the City. Extra Work may be
authorized, as described below, and if authorized, said Extra Work will be compensated at
the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, ExtraWorkwithout
written authorization from the Finance Director.
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3.4.1 Maintenance and Ins ection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall allow
inspection of all work, data, documents, proceedings and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time either for cause or
for the City's convenience and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least ten (10) days before the
effective date of such termination. Consultant may only terminate this Agreement for cause
upon giving the City not Jess than ten (10) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which
have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination pay the
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
10 Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
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Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
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3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
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IMT. -M
iSpacelnc.
2381 Rosecrans ASuite! 10
El Segundo, CA 90245
(310)563-3844
Attn: Anita Graft
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 904-7270
Attn: City Manager
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
[he party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
15.11 Documents &Md; Licensjr)N •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 subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
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3.5.6.1 Except as provided in subdivision 3.5.6.2 below which is applicable to
"design professionals" only, Consultant shall defend (with counsel acceptable to City),
indemnify and hold the City, its officials, officers, employees, volunteers and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any alleged negligent acts, errors, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors, including, but not limited to, any liability incurred by City based on an allegation
that Consultant has been misclassified as an independent contractor, failed to pay -qnN/ nr all
necessary state or federal taxes, or is eligible for enrollment in CalPERS as an employee of
City, arising out of or in connection with the performance of the Services, the Project or this
Agreement, including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses. Consultant shall defend, at
Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against City, its directors,
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officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.
Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials officers, employees, and agents or volunteers. Consultant shall not be obligated to
defend, indemnify or hold the City harmless in any manner whatsoever for any claims or
liability arising solely out of the City's own negligent acts, errors or omissions or willful
misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the
meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional
within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to
the fullest extent permitted bylaw (including, without limitation, Civil Code sections 2782 and
2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City),
indemnify and hold harmless City and City's officers, officials, employees, volunteers and
agents from and against any Claim that arises out of, pertains to, or relates to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, subcontractor or any other person directly or indirectly
employed by them, or any person that any of them control, arising out of Consultant's
performance of any task or service for or on behalf of City under this Agreement. Such
obligations to defend, hold harmless and indemnify City or any City officers, officials,
employees or volunteers shall not apply to the extent that such Claims are caused in part by
the sole active negligence or willful misconduct of City or such City officers, officials,
employees, volunteers and agents. Consultant's cost to defend City al ld/or City's officers,
officials, employees or volunteers against any such Claim shall not exceed Consultant's
proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code
section 2782.8(a), in the event that one or more defendants is unable to pay its share of
defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the
extent Consultant has a duty to indemnify City or any City officers, officials, employees,
volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for
all incidental and consequential damages resulting directly or indirectly, in whole or in part,
from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governinc Law` This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
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3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement_
3.5.10 Cit 's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assionment or Transfer. Neither party shall assign, hypothecate, or
transfer,- either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References: Ca tions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall gide the other Parte any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
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solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 E ual Opgortunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.5.20 labor Certification. By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provisionofthis
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
3.6.1 prior A proval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Consultant shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure
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f,
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
3.7 Non -Solicitation of Employees
3.7.1 City shall not, directly or indirectly, for itself, or on behalf of any other
person, firm, corporation or other entity, whether as principal, agent, employee, stockholder,
partner, member, officer, director, sole proprietor, or otherwise, solicit or seek to employ or
otherwise engage Consultant employees or candidates who become known to City as a
result of this Agreement for a period of one (1) year after the last day of services provided by
any employee or after becoming known to City, except as provided in Exhibit C.
CITY OF .•California
a California municipal corporation corporation
• charter city
By By:
Rick Rodriguez, Mayor Anita Graft, AdminWattive Director
Attest.,
City Clerk
Approved as to Form:
- WJJ' " � --
Ci Attorney
Attest:
Secretary
Approved as to Form:
Legal Counsel
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SCOPE OF SERVICES
Consultant shaH perform *the following specialized Information Technology Services:
Support City-wide systems and applications, including, but not limited to:
a, Fire software, including Central Square-FDM (CAD and RMS) and Fire 911 CAD;
b. SQL Server Reporting Services software;
c. Document imaging software, including LaserFiche and EDEN Financial System
d. Accela Permit System software;
e; Polaris Library systems,
2, Perform regular monitoring and maintenance, including application or system updates,
1 Provide user support for City-wide systems and applications,
a. Assist end users with systems and applications operation;
b. Trouble -shoot issues affecting end users' operation of systems and applications;
C, Train end users on systems and applications' operationdl
4� Provide user support for LAN and WAN issues,
a. Coordinate and assist end users with issues relating to third party software products,
Work in tandem with vendors over the phone to resolve application issues
Consultant shall provide the Scope of Services at the following rates:
1. Regular Hours: $54.00 per hour:
Consultant shall provide during regular business hours, as set forth below, both emergency
and non -emergency support and maintenance, and scheduled support and maintenance, on
the following terms and conditions.
a. All work shall be performed at City's primarybusiness' location, with a minimum
time charge of one (1) hour for each on-site visit. All work shall be performed
between the hours of 7:30 AM and 7:30 PM, Monday through Friday, excluding
Federal or California State holidays and weekends (hereinafter" Regular Hours").
b. Non -emergency support shall be performed during Regular hours, at City's
primary business location with a minimum time charge of one (1) hour for each on
site visit, or via remote support (telephone and/or internet).
C. Emergency telephone or remote desktop and server support that requires a
same day or next day response, which is performed during regular hours.
d. Travel time for each onsite visit is included in the hourly rate and shall not be
charged to the City.
2. After Hours / Weekends / Holidays/Emergencies: $81.00 per hour:*
Consultant shall provide support and maintenance services after hours, on weekends,
holidays and in emergency situations as set forth below on the following terms and conditions:
a. Emergency support performed after 7:30 PM and before 7:30 AM on any
weekday, or performed on a weekend, or on a Federal or California State holiday
("After hours/ Weekends/ Holidays"), at City's primary business location with a
minimum time charge of two (2) hours for each on site visit, or via remote support
(telephone and/or internet) for each such support consultation.
b. All work performed during After-hours / Weekends / Holidays at a location other
than the primary business location, including home-based offices.
C. Travel time for each onsite visit is included in the hourly rate and shall not be
charged to the City.
*All after hour, weekend, holiday and emergency work needs to be approved in advance by City's I.T.
Manager.
This staffing level is scalable up to as many as four or more technicians, as deemed necessary, and
as requested by the City.
M
Consultant Position: Application Specialist Assigned to City
The City may exercise the option to hire the Application Specialist Assigned to City on a full-time
basis or as an independent contractor according to the billable hours billed by the Application
Specialist while assigned to the City. The Consultant shall be paid in accordance with the fee
schedule listed below:
0 to 346 hours (1 -2 Months)
347 to692 hours (2-4 Months)
693 to 866 hours (4-5 Months)
867 hours to 1,040 hours (5-6 Months)
1,040 hours or greater (6 Months)
20% of annual base salary
15% of annual base salary
10% of annual base salary
5% of annual base salary
0% of annual base salary
City shall provide 30 days prior written notice to Consultant of its intent to exercise its option to hire
the Application Specialist Assigned to City.
IN