HomeMy WebLinkAbout11. Apprve PSA's w-Artnet, ATSnet, Michael Albelo & ML Staffing LLC for Information Technology Support.1eA91AW
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TO: HONORABLE MAYOR AND MEMBERS OFT CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: ANIL H. GANDHY — DIRECTOR OF FINANCE
AND ALVIN LAM — IT MANAGER
DATE: JULY 28, 2020
SUBJECT: INFORMATION TECHNOLOGY CONTRACT SERVICES
That the City Council authorize the Mayor to renew a multi -year Professional Services
Agreement (PSA) with four contractors: Artnet, ATSnet, Michael Albelo, and ML Staffing,LLC, in
order to provide Information Technology support and maintenance for Citywide computer and
network services, this includes, but is not limited to: City Hall, Parks, Public works, Library,
Columbia Memorial Space Center, Police, Fire Department and the JPCC Dispatch Operation
Center.
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In order to provide the necessary Information Technology support to various departments in the
most efficient and cost effective manner; staff recommend renewing contracts of the
independent contractors. While savings will be realized, the City will also benefit from qualified,
knowledgeable talents at a fair market rate. There will be a total number of 3 full-time I.T.
consultants (40 hours per week) and 2 part-time consultant (18 to 25 hours per week). The
City's Information Technology Manager will administer the contract and manage the overall
infrastructure needs of the City.
The proposed contracts will provide support between the hours of 6:30 AM and 6:30 PM
Monday through Friday. The estimated annual cost for this service is $374,920. 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 network interruptions and/or
when needed to meet critical project deadlines.
I.T. CONTRACT SERVICES
JULY 28, 2020
PAGE 12
FISCAL IMPACT
The projected annual cost of Information Technology contract services is $374,920 which is a
part of the City's Fiscal year 2020-21 budget and remains the same for 2021-22 and 2022-23
budget.
ATTACHMENTS
Attachment A - Agreement with Information i•• Contractors: Artnet.
Attachment B - Agreement with Information Technology Contractors: ATSnet.
Attachment C - Agreement with Information Technology Contractors: Michael Albelo.
Attachment D -Agreement with Information Technology Contractors: ML Staffing, LLI
K
ATTACHMENT A
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH ARTNET FOR
S-PF-C14LIZED
1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of July, 2020 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and
Artyom Mansuryan doing business as ArtNet, with its principal place of business at 615
North Kenwood Street, Apt. #11, Glendale, CA 91206 ("Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
Consultant desires to perform and assume responsibility for the provision of certain
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.
City desires to engage Consultant to render such services for specialized Information
Technology Consulting Services ("Project") as set forth in this Agreement.
3.1.1 General Scope of Services.. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the specialized Information Technology Consulting
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 attached
hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.2.1 Control and Payment of Subordinates: -Indwendent Contractor.. The
Services shall be performed by Consultant or under its supervision. Consultant will
♦- the means, methods and •- 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 ♦: • • 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
including bx.0
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
jyris1icti*n sr the Califtrnia Pv�lic E Ale
for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and
•'I• harmless CITY for the payment • any employee and/or employer contributions for
CaIPERS 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
• • the responsibility of City.
'♦ • Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement in accordance with a schedule of services as
agreed upon •'. the parties. • 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 detail-o"i
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 • in the performance schedules of is third
parties performing work for the City on the Project, which affect the timing of Consultant's
performance •' the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by
the Consultant at the request of the City.
3.2.5 gjjyjg_�presentative. The City hereby designates City's IT Manager or
his or her designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for
all purposes under this Contract. Consultant shall not accept direction or orders from any
person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Artyom
Mansuryan, or his or her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care, Performance of Emvloy!gtes. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion • the Project, a threat ::• the safety • persons or property, •:: any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of rare. set forth hprpin, shall be promptly removed from the Project bythe
Consultant and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Reqqlations. Consultant shall keep itself fully informed of and
in compliance with all applicable •: state and `• laws, rules and regulations in force at
the time the Services are performed • • and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
•'. shall • all notices required •' law. • shall •. liable for all violations of such
laws and regulations in connection with Services. If the Consultant performs any work
knowing it to • contrary to such laws, rules and regulations and • giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free • harmless, • to the applicable indemnification provisions •, this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations. Consultant's violation of such laws, rules and regulations shall also
constitute a material •'. • this Agreement.
3.2.10.1 Time for Compliance. Consultant shall not commence the
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City that it has secured all insurance required under this section. In addition, • shal'
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum ReQUirements. • shall, at its expense,
• the duration • the AlFreement ins -•. ist claims for in'uries
• persons • damages to property which may arise from • in connection with the
performance of the Agreement, the Services or the Project by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors I• procure and maintain the same insurance for the duration • the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope • Insurance. (1) Commercial General
• (CGL): Insurance Services Office Form CG 00 01 covering CGL • 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 0 (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 Professional Liability (Errors & Omissions), 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, 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.
3.2.10.3.1 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 the 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
corttaipAhp—followingprnit'soons,or Consultant-shall-pmvide-endorsements-o-n 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,
2aj��-hsurance-a-&
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).
(B) Waiver of SubrogglLon, Consultant hereby grants to City a
waiver of any right to subrogation ��-hich 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 CoverNes. 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 Primary Covera_qe. 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
d •A J� nd volunteers shal-
ents a
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3.2.10.6 �eparation of Insureds-, No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-insurance. Retentions. Any
deductibles or self -insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self -insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
the proper inspection and maintenance of all safety measures.
Compensation. Consultant shall 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 1) One Hundred Forty Five Thousand Dollars and 00/100
($145,000.00) for fiscal year 2020-21; 2) One Hundred Forty Five Thousand Dollars and
00/100 ($145,000.00) for fiscal year 2021-22; and 3) One Hundred Forty Five Thousand
Dollars and 00/100 ($145,000.00) for fiscal year 2022-23, 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 ' Pavnient of Corno]Lnsation. 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, Extra Work without
written authorization from the Finance Director.
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3.4.1 Maintenance and Insoection. 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 Termination of 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 seven (7) days before the
effective date of such termination. Consultant may only terminate this Agreement for cause
upon giving the City not less than seven (7) 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;
• 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;
• 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.
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:
�m
Artyom Mansuryan
ArtNet
615 North Kenwood Street, Apt.
Glendale, CA 91206
Phone: (818) 390-3324
City of Downey
11111 Brookshire Avenutw
Phone: (562) 904-7286
Fax: (562) _904-7270
Attn: City ..-
With a courtesy copy to.
City of Downey
City Attorney's Office
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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
the party at its applicable address. Actual notice shall be deemed adequate notice on the —
date actual notice occurred, regardless of the method of service.
3.5.3.1 Documents & DaLa, Licensing of IntelleCtUal'rPro rA. Thi
sn-t
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 embodie
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
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or 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.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 C000eration; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification,
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 any or 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,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
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judgment, award • decree that may •- 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, ♦ employees, agents and/or
♦i for any and all legal expenses and costs incurred • each • them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
-shafl-not be-restricted-to-irtsurance proceeds, -if any, -received by the CityJts 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
itisconduct. M
3.5.7 Entire Aqreement. This Agreement contains the entire Agreement of tN-�
Aiarties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings • agreements.
Governinqjaw. This Agreement shall be governed by the laws •' the
State of California. Venue shall be the courts in Los Angeles County.
M
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Li_s�lnment 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: Captions. 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 give the other Party 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 Invaliditv: Severabilitv. 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
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
13
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 Eaual Opoortunitv Emplovment. 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-discrimi nation shall include, but not be limited to, all activities related t,-t
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
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 Authoritv 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 Counterpgrts. This Agreement may be executed in counterparts, each 0.1
which shall constitute one and the same instrument.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
HWNNJM!1��
3.6.1 EPtrgL6pproval ReqyLred. Consultant shall not subcontract any portion
the work required by this Agreement, except as expressly stated herein, without prior written
I
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 ensur
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.
CITY OF DOWNEY,
and charter city
m
gy-
Aftorney
0
Artyorn Mansuryan, doing business as
ArtNet
'e
By:
Artyom Mansuryan
R=
15
3E= EMOTEMM
1. Administer various components of network systems.
a. Install and configure network switches (including Procurve) and routers for both
Data and Voice communication;
b. Monitor and maintain various VLANS and IP subnets, including switch port
security;
C. Perform network maintenance, including IOS updates and hardware
replacement.
2. Administer various components of WiFi network.
a. Manage and support wireless network system using ClearPass system console;
C. Provide support to end users concerning wireless network access.
3. Provide Tier III/other support per request from various constituencies.
a. Support and manage daily Mitel VoIP system, assisting users with changes and
trouble -shooting end users' phone -related issues;
i. Investigate and troubleshoot various network -related issues:
C. Coordinate and communicate with impacted constituencies concerning
network -related issues;
Repair and recover from hardware or software failures.
4. • •.. system monitoring, • the integrity and availability •. all hardware,
server resources, systems and key processes, reviewing system and application logs, and
verifying completion of scheduled jobs such as backups.
Assist in administratiorrof various components ondows servers across the -
enterprise.
C. Administer Data Storage Area Network Systems, including Compellent,
Equa|ogin.SbzneOy.and CvberNeUco;
d. Manage production applications and virtualization, including Hyper-V/VMware
and Citrix�
.
e. Administer Disaster Recovery, batch eohedu|ing, security protocols, patch
monagmmont, and alert notifications;
[ Administers user system;
g. Provides operational support and backup/recovery assistance.
6. Install new /rebuild existing servers and configure hardware, peripherals, services,
settings, directories, storage, etc. imaccordance with standards andproject/operational
requirements.
7. Coordinates, collaborates and communicates on a daily basis with IT 3rd party service
providers.
8. Perform ongoing performance tuning, hardware upgrades, and resource optimization as
required. Configure CPU, memory, and disk partitions osrequired.
9. Plan and undertake regular maintenance work across all |Tsystems.
10. Participates inthe evaluation and recommendation ofnew technologies.
11. Perform network Security assessment, develop network topology, and documentation.
12. Provide additional resources necessary to Inventory Traffic System and Police LPR
(License Plate Reader) network equipment out in various data cabinet throughout the City's.
Perform firmware updates to all industrial grade switch devices, re -assigned I P subnet to all
the devices. Provide documentation and diagram ofupdated network.
• Sr. Network Admin: Regular hourly rate: $50.00 Monday throu_qh Friday- 6:00 A.M. to 6:30
P.M.
• Jr. Network Admin: Regular hourly rate: $30.00 Monday throe Friday- 6:00 A.M. to 6:30
P.M.
• Regular rates include remote assistance (by phone support and or over the Internet).
• After hour Rates: 1.5 times the regular hourly rate. Between 6:30 P. -6:00 A.M. Monday
throw h Friday.*
• Weekends (Saturday and Sunday): 1.5 times the regular hourly rate.*
• Holidays observed by the City: 2 times the regular hourly rate.*
139�MIIFII I IIIIIIII I I IIIIII! III jijriysrjg,��
ATTACHMENT B
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH ATSNet FOR
SPECIALIZED INFORMATION TECHNOLOGY CONSULTING SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of July, 2020 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and Steve
Randar doing business as ATSNet, with its principal place of business at 10 Marketview,
Suite# 552 Irvine, CA 92602 ("Consultant"). City and Consultant are sometimes individually
referred to as "Party" and collectively as "Parties."
2. RECITALS.
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.
UEER=
City desires to engage Consultant to render such services for specialized Information
Technology Consulting Services ("Project") as set forth in this Agreement.
kimmmm]MUM
3. 1.1 General Scope of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the specialized Information Technology Consulting
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 attached
hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 28, 2020 to June
30, 2023, 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 this
Agreement signed by the City Manager and the Consultant.
3.2.1 Control and Payment of Subordinates', Independent Contractor. The
Services shall be performed by Consultant or under its supervision. 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
not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
ON
Tor enroAmFMfn-ZWr-'i5X5 0 an
hold harmless CITY for the payment of any employee and/or employer contri utions for
CaIPERS 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
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.
2
3.2.3 Conformance to AWicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Shoul
one or more of such personnel become unavailable, Consultant may substitute other
personnel • at least equal competence upon written approval • City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse t(
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project
a threat to the safety of persons or property, shall be promptly removed from the Project by
the • at the request • the City.
3.2.5 Ci 's Representative. The City hereby designates City's IT Manager oi
gttv
ii&xsm h.�.,r nee. to act as its reYeresentative for the X, erformance of this N,2, reement'Ll"CilVIA'
Representative"). City's Representative shall have the power to act on behalf of the City for
all purposes under this Contract. Consultant shall not accept direction or orders from any
person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. •. hereby designates Steve
Randar, •` his or her designee, to act as its representative for the performance • this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using
his • skill and • and shall •" responsible •: all means, :i• •
under this •
Coordination of Services. Consultant agrees '• work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
• staff at all reasonable times.
3.2.8 Standard of Care Performance of Empjgyees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the
3.2.9 Laws and-Requiations. Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Consultant and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If the Consultant performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free and harmless, pursuant to the applicable indemnification provisions of this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations. Consultant's violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10.1 Time for ComMiance. Consultant shall not commence the
City that it has secured all insurance required under this section. In addition, Consultant shall
not allow any subcontractor to commence work on any subcontract until it has provided
zvidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
4
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 (CGQ: 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 Professional Liability CErrors & _Omissions).. 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, 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.
3.2.10.3.1 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 the 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
NAMIYPIA�11411211
jDbligations.
3.2.10.4 Insurance Endorsements. The insurance policies shal,'
contain the following provisions, or Consultant shall provide endorsements on forms
2pproved by the City to add the following provisions to the insurance policies:
respects the City, its directors, officials, officers, employees, agents and �olunteers, or if
excess, shall ♦ in an unbroken chain of coverage excess • 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).
(B) 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.
• .• to i`• 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 ♦• 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 • warranties, shall • affect coverage provided to the City, its directors,
officials, officers, employees, •' and volunteers.
3.2.10.5 Primary Covernel, • 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 0104 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.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self -Insurance Retentions. Any
deductibles or self -insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self -insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Covera e. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
3.2.11 Safe . Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
a
the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
Compensation.. Consultant shall 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 1) Sixty -Nine Thousand Six Hundred Forty Dollars and
00/100 ($69,640.00) for fiscal year 2020-21; 2) Sixty -Nine Thousand Six Hundred Forty
Dollars and 00/100 ($69,640.00) for fiscal year 2021-22; and 3) Sixty -Nine Thousand Six
Hundred Forty Dollars and 00/100 ($69,640.00) for fiscal year 2022-23 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 Comvensation.. 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, Extra Work without
written authorization from the Finance Director.
3.4.1 Maintenance anpection. 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 seven (7) days before the
effective date of such termination. Consultant may only terminate this Agreement for cause
upon giving the City not less than seven (7) 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;
• 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;
• 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.
lzzl[:1111 mail
M
Steve Randar
ATSNet
j a 14arQip ltr.�011
City of Downey
11111 Brookshire Avenue
Dow , Ca&&9&?m-aaN+
•
&IMT, �6_ �_, •
City of Downey
City Attorney's Office
11111 Brookshire Avenue
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
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3.1 Documents & Datw Utcensing of Intellectual Prop rty. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
intellectual goRertri embodied
. X -
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
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or 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.
3.5.3.2 Confidential itv. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorneys Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification.
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 any or 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
11
legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, • employees, agents or • 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, • employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith • in enforcing the indemnity herein provided. • 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 • hold the City harmless in any manner whatsoever for any claims or
liability arising solely • • the City's • negligent acts, errors • omissions or willful
misconduct.
-A ELM& M191
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 behatf of City under this Agreement. Such
obligations to defend, hold harmless and indemnify City or any City officers, officials,
3.5.7 Entire Acireement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
12
3.5.8 Covernino Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Citv's Right to Employ Cther 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 Assi nment 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 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 give the other Party 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; Severabilitv. 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.
13
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
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that ill
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, gil
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 g%Lal Owortunity Employment. Consultant represents that it is an equ,
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 I
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
4xulmf 1UUjQrzTa,-!-1rj "MET
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
rt p - a
'y ke
wits h
e s If uch
'ite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
I
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 Countergarts. This Agreement may be executed in counterparts, each 0
which shall constitute one and the same instrument.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
900• • f�
3.6.1 Prior AppLgygl�uired. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
14
CITY OF DOWNEY,
and charter city
Approved as to Form:
Steve Randar doing business as
ATSNet
By:Steve Randar
15
720T9M
Consultant shall perform the following specialized Information Technology services:
a. Monitor and support Fire Department Computer Aid Dispatch Workstations.
Perform regular maintenance of Fire Dispatch workstations
b. Trouble shoot issues affecting end users' operation with CAD and RMS system
Provide end user assistance with Parks Department Activeflet program.
a. Provide regular Java security patches
b. Install and maintain credit card devices and ensure connectivity with ActiveNet
Frovide end user assistance with Robot Lab and 3D Printer for Columbia Memorial Space
Center
a. Vendini Ticket Sale system
b. Ticket printing machine
c. End user Support
a. Handle help desk phone calls, and trouble -shoot user issues over the phone;
b. Provide support through remote desktop and/or dispatch to users' workstation;
C. Trouble -shoot issues relating to Windows OS ( 7, 8. 1, 10) and applications
(Office suite and Outlook system);
d. Manage and support Print kiosk, including Patrol Pay system, maintenance and
trouble -shooting printers and copiers.
NOMET "I.
III
'T T.= . 0 6 . 6
C. Assist with coordination and resolution of end user issues relating to third party
software products.
• Regular hourly rate: $33.00 Monday through Friday- 6:00 A.M. to 6:30 P.M.
• Regular rates include remote assistance (by phone support and or over the Internet).
• After hour Rates: 1.5 times the regular hourly rate. Between 6:30 P.M -6:00 A.M.
Monday through Friday.*
• Weekends (Saturday and Sunday): 1.5 times the regular hourly rate.*
• Holidays observed by the City: 2 times the regular hourly rate.*
*All after hour, weekend and holiday work needs to be approved in advance by City's I.T.
Manager.
d Riot ►�i l�•l
CITY OF DOWNEY
PROFESSIONAL
WITH MICHAEL •
FOR SPECIALIZED INFORMATION TECHNOLOGY CONSULTING SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of July, 2020 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and
Michael Albelo, an individual and sole proprietor, with his principal place of business at 700
S. Myrtle Avenue, 415, Monrovia, CA 91016 ("Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
K 7i1-T1.Tl r
Consultant desires to perform and assume responsibility for the provision of certain
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.
City desires to engage Consultant to render such services for specialized Information
Technology Consulting Services ("Project") as set forth in this Agreement.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the specialized Information Technology Consulting
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 attached
hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 28, 2020 to June
30, 2023, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
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3.2.1 Control and Pavment of Subordinates, Lndependent Contractor The
Services shall be performed by Consultant or under its supervision. 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.
1r; t
3.2.3 Conformance to Apolig �ble R�euirements. All work prepared by
Consultant shall be subject to the approval of City.
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the
Project.
aidi I dill [W-14W UNW101 IM 4 1 0 1 1 1
rules or regulations. Consultants violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10.1 Time for Compliance. Consultant shall not commence the
XVI'Wff at-avf era,—:, t!�
City that it has secured all insurance required under this section. In addition, Consultant shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Reouirements. Consultant shall, at its expense,
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2 �iml
IMIF.11r. all
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-insurance Retenti . Any
deductibles or self -insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self -insured retention may be satisfied by
aither the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed wili
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coverace. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
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this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
I I Ills 11t; IIII(A 1111IC-10 &AI &*.i II - -
3.3.1 Comi?ensation. Consultant shall 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 1) Sixty -Seven Thousand Dollars and 00/100 ($67,000.00) for
fiscal year 2020-21; 2) Sixty -Seven Thousand Dollars and 00/100 ($67,000.00) for fiscal year
2021-22; and 3) Sixty -Seven Thousand Dollars and 00/100 ($67,000.00) for fiscal year 2022-
23 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 Co
yMqotgL�Q��� 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, Extra Work without
written authorization from the Finance Director.
3.4.1 Maintenance and Inspection. 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
ME% -M
sm. IMM a -
3.5.1.1 Grounds for Termination. City may, by written notice to
I n I t
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;
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;
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
paffies 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
MM
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LITIOMT-Tri I _m-
an
Michael Albelo
700 S. MXrtle Avenue #41
City of Downey
11111 Brookshire Avenue
Tj
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020��M
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downev. California 9QZ41
I* RUMEM - 11T41(W WIN
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3.1 Qocurnents & Data; Licensing f Intellectual Prope[ly. 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
and warranty in regard to Documents & Data which were prepared by design professionals
lit
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 • Emplpymq.Qt. • represents that it is an `•
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 • • Such non-discrimination shall include, • not • limited • all activities related t*
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 Cqrtification. By its signature hereunder, Consultant certifies that
it is aware • the Xrivisivric*0 Sectixn 37111,0 the I• I -Oar ••- which reaYire every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions • that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter A_qreement. 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 CounLe[pgjrts.. This Agreement may be executed in counterparts, each of
which shall • • and the same instrument.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any • its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
• ?•
&H
CITY OF • i
Californiar corporation Albelo, a Sale Proprietor
and charter city
Blanca Pacheco, Mayor Michael Albelo
=.-
City Clerk Secretary
Approved as toApproved s to Form:
ot WAtfttorna I Counsel
IR
EXHIBIT A
- J-
1. Administers various components of Windows servers across the enterprise, including Hyper V and
cluster servers.
a. Administer Active Directory in a large environment, including DNS, DHCP.
b. Manage file/print servers and domain controllers.
c. Administer Data Storage Area Network Systems, including Compellent, Equalogic, Stonefly,
and CyberNetics;
d. Manage production applications and virtualization, including Hyper-V/VMware and Citrix;
e. Administer Disaster Recovery, batch scheduling, security protocols, patch management, and
alert notifications;
f. Administers user system;
g. Provides operational support and backup/recovery assistance.
2. Install new / rebuild existing servers and configure hardware, peripherals, services, settings,
directories, storage, etc. in accordance with standards and project/operational requirements. In
particular, install and rebuild Rapid Recovery backup server, monitor storage capacity, backup
jobs, and perform recovery on server as needed.
3. Perform daily system monitoring, verifying the integrity and availability of all hardware, server
resources, systems and key processes, reviewing system and application logs, and verifying
completion of scheduled jobs such as backups.
4. Provide Tier III/other support per request from various constituencies. Investigate and troubleshoot
issues. Repair and recover from hardware or software failures. Coordinate and communicate with
impacted constituencies.
5. Coordinates, collaborates and communicates on a daily basis with IT 3d party service providers.
6. Perform ongoing performance tuning, hardware upgrades, and resource optimization as required.
Configure CPU, memory, and disk partitions as required.
7. Plan and undertake regular maintenance work across all IT systems.
8. Administer, monitor and maintain System -wide backup solution and WORM backup.
•
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nol.9rarer7m, namsm
ATTACHMENT D
CITY • DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH ML STAFFING, LLC •
SPECIALIZED INFORMATION TECHNOLOGY • SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of July, 2020 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and ML
Staffing, LLC, a Limited Liability Company, with its principal place of business at 1925 F St.
Suite A, Sacramento, CA 95811 ("Consultant"). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
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.
City desires to engage Consultant to render such services for specialized Information
Technology Consulting Services ("Project") as set forth in this Agreement.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the specialized Information Technology Consulting
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 attached
hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 28, 2020 to Ju
30, 2023, unless earlier terminated as provided herein. Consultant shall complete the
Services within the ten-n of this Agreement, and shall meet any other established schedul
and deadlines. The term of this Agreement may be extended by written amendment to thi
Agreement signed by the City Manager and the Consultant. -1
KFINEW- =— �- �-- -,
not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
" Wtee
hold harmless CITY for the payment of ny employee and/or employer contributions for
CaIPERS 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.
Schedule, Qf _qgrvic . 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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standard of care provided for herein. Any employee of the Consultant or its sub -consultant
Yee of the Consultant or its sub -consultant
who is determined by the City to be uncooperative, incompetent, a threat to the adequate 0 'o r any
I 6ty it wit t
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the
Project.
ffrU11_r_r,Fffdf fU6_;W 0 f-d firdliTe-fix, Udf�-Srdwldft fs:- i c Vel WAUTIS-, -T TTUT-cu ri-i ivgl-rm Fal f 53-, -ft F- 0 I t
the time the Services are performed by Consultant and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
?nd shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If the Consultant performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free and harmless, pursuant to the applicable indemnification provisions of this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations. Consultant's violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
999ME3=
3.2.10.1 Time for Complian . Consultant shall not commence the
City that it has secured all insurance required under this section. In addition, Consultant shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Reouirements. Consultant shall, at its expense,
el I I -Lai 0.10 nliq 01 told LU" SM-0- -RZIBIL4191-71r.141011111 9 0 - S$ 9 0 0 9 0 a - I a
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Qgdygtib_ es and, $gIL-Jn§Ural2ce Rqtqntjg_n�. Any
deductibles or self -insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self -insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceotabilitv of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than ANI I, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
-16Z6�-'Fy (eyaj�74uata-facftaery
the proper inspection and maintenance of all safety measures.
MON M IM
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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 Exr)enses. 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, Extra Work without
written authorization from the Finance Director.
•a 7-1111:?T =#NU
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3.5.1.1 GrQund§ for Terminatign'. City may, by written notice to
Consultant termi;
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 thiz-
Agreement as provided herein:
0 Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault • the terminating party;
0 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;
0 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;
0 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 terrninated as
rovided herein. CiV C ,&isulta-ft to nrovide all
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 ir
�uch manner as it may determine appropriate, services similar to those terminated.
Deli��# 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:
&a
11WZME M061111111
11W
Attn: Jody Hilton
City of Downey
11111 Brookshire Avenue
rIn Phone: (562) 904-7286
Fax: (562) 904-7270
Aftn. City Manager
i i Ort IF 1-111141i_.; fel 101. it'll I NVI-11�1614# a r� 10 11
irs W in. AN
3.5.3.1 Documents & Data. Licensing of Intelleplual, Property. 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 is 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
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
14"
3.5.10 qQiMaEjgbt to Emplov_Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successpr,�,afld A signs. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment 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 aftempted assignment, hypothecation or transfer.
3.5.13 Construction: References-, Cagligns. Since the Parties or their agents
have participated fuliy—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,
2ugment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, or amendme
of this Agreement shall be binding unless executed in wrng 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 give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Part Benefo iciaries. There are nintended third party
, , gn
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 InMgHqAyL�jpverabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaini
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
solely for Consultant, to solicit or 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
13
or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach • 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 Eqqgl Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because • race, religion, •l 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, • certifies that
employer to be insured against liability for Workers 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 • the Services.
3.5.21 Authori!y to Enter &greement. 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 _• i•'
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 ♦ one and the same instrument.
101 01"A L-1 DI I IMAI M 4 1 LZLP 1 t-71;j 1
1E
CITY OF DOWNEY, ML Staffing, LLC, a Limited Liability
a California municipal corporation Co pan
and charter city
By: By:
Blanca Pacheco, Mayor Jody Hilton, B siness evelopment Director
Attest Attest
City Clerk Secretary
Approved as to Form: Approved as to Form:
ity Attorney Legal Counsel
ILI
U�MITITITITIMI 177111 MITI 11MVIMI 11211. - 0 so
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a. Fire are, 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;
�ftrel ERR M
2. Perform regular monitoring and maintenance, including application or system
updates.
7.7 MUIR= MSM
bTrouble-shoot issues affecting end users' operation of systems an�i
applications;
?�111 1111113M.111 IIII!, 111111gua=
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.
1. Administers various components of Windows servers across the enterprise,
including Hyper V and cluster servers.
a. Administer Active Directory in a large environment, including DNS; DHCP,
b. Manage file/print servers and domain controllers;
c. Administer Data Storage Area Network Systems, including Compellent,
StoneFly, Equalogic, and CyberNetics or similar Storage solution.
d. Manage production applications and virtualization, including Hyper-VNMware
and Citrix;
e. Administer Disaster Recovery, batch scheduling, security protocols, patch
management, and alert notifications;
f. Administers user system;
g. Provides operational support and backup/recovery assistance.
2. Install new / rebuild existing servers and configure hardware, peripherals, services,
settings, directories, storage, etc. in accordance with standards and
projectloperational requirements. In particular, install and rebuild Rapid Recovery
backup server, monitor storage capacity, backup jobs, and perform recovery on
server as needed.
3. Perform daily system monitoring, verifying the integrity and availability of all
hardware, server resources, systems and key processes, reviewing system and
application logs, and verifying completion of scheduled jobs such as backups.
4. Provide Tier III/other support per request from various constituencies. Investigate
and troubleshoot issues. Repair and recover from hardware or software failures.
Coordinate and communicate with impacted constituencies.
5. Coordinates, collaborates and communicates on a daily basis with IT 3rd party
service providers.
6. Perform ongoing performance tuning, hardware upgrades, and resource
optimization as required. Configure CPU, memory, and disk partitions as required.
7. Plan and undertake regular maintenance work across all IT systems.
1. Install and maintain the performance • database servers.
2. Develop processes for optimizing database security.
3. Set and maintain database standards.
4. .•- database Access.
5. Performance Tuning of database systems.
6. Install, upgrade, and manage database applications.
7. Diagnose and troubleshoot database errors.
8. Be available for on -call support as needed,
9. Work with vendors to upgrade and maintain database.
1. Provide end user assistance through help desk.
a. Handle help desk phone calls, and trouble -shoot user issues over the phone;
b. Provide support through remote desktop and/or dispatch to users' workstation;
c. Trouble -shoot issues relating to Windows OS (7, 8. 1, 10) and applications
(Office suite and Outlook system);
d, Manage and support Print kiosk, including Patron Pay print system,
maintenance and trouble -shooting printers and copiers.
e. Provide mobile device support, this includes but not limited to: Android, iPAD,
iPhone, Windows Tablet.
2. Build, configure, and deploy workstations, including self -check-out kiosk machine.
3. Monitor and support other City-wide systems and applications as needed.
a. Assist with maintenance on other City-wide systems and applications;
3
c. Assist with coordination and resolution of end user issues relating to third
•. software products.
4. Provide Audio & Video assistance • operating meeting equipment in the City Council
Chamber or City designated facilities. Services include but not limited to: operating
microphone, speakers, video camera, lights and volume program control, etc. and
software such as Zoom, Microsoft Team, WebEx, or something similar.
111 !!1111 !1111��I ;I I'll I ;;1111 !1111 11111;1111 11 III11;F!11j I 111 -1 - . a �-�!
4
P!MT agz�&-un
1. APPLICATION SPECIALIST
Regular Hourly Rate Range: $45-$48 per ho"
11. SYSTEM I NETWORK ADMINISTRATOR
Regular Hourly Rate Range: $48-$51 per hoLl
Ill. DATABASE ADMINISTRATOR
Regular Hourly Rate Range: $65-$72 per hoi
IV. HELP DESK TECH
Regular Hourly Rate Range: $32-$36 per hoL
emergency support and maintenance on the following terms and conditions:
a. All work shall be performed at City's primary business location, with a minimum
time charge of one (1) hour. All work shall be performed between the hours of 6:30
AM and 6:30 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. Travel time for each onsite visit is included in the hourly rate and shall not be
charged to the City.
FIVE-1 111141IM-10 0 all
a. Emergency situation: will be defined as any type of system down resulting in
one or more server or network down. Service interruption that will impact the City
overall operation.
b. Emergency Support which includes but not limited to: onsite, telephone or
remote desktop support response time within 4 hours or less.
C, Emergency support performed after 6:30 PM and before 6:30 AM on any
weekday, or performed on a weekend, on a Federal or California State holiday
("After hours/ Weekends/ Holidaysat City's primary business location with a
minimum time charge of two (2) hours for each visit, this includes remote support
(telephone and/or internet).
d. Travel time for each onsite visit is included in the hourly rate and shall not be
charged to the City.
e. All after hour work, weekend, holiday and emergency work needs to be
approved in advance by City's I.T. Manager.
f. After Hours It Weekends / Holidays / Emergency: Rates will be at 1.5 time
regular hourly rate.
This staffing level is scalable up to as many as four or more technicians, as deemed necessary, and
as requested by the City.