HomeMy Public PortalAbout09) 7E Support Services Agreement for Information Technology with the City of Brea - BreaITDATE:
TO:
FROM:
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
July 2 , 2019
The Honorable City Council
Bryan Cook , City Manager ~
Susan Paragas , Director of Administrative Serv ices
AGENDA
ITEM ?.E.
SUBJECT: AMENDMENT NO. 2 -SUPPORT SERVICES AGREEMENT FOR
INFORMATION TECHNOLOGY WITH CITY OF BREAIBREAIT
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the Amendment No . 2-Support Services Agreement (Agreement) with the
City of Brea/BreaiT (BreaiT) for the period of July 1, 2019 to June 30 , 2020 ;
2 . Author ize the City Manager to execute the Agreement.
BACKGROUND:
1. On July 1, 2008, an original agreement (Original) was executed between the City of
Temple City (Ci ty) and BreaiT.
2. On July 1, 2010 , an amendment to the Original (Amendment No . 1) was executed
between the City and BreaiT.
DISCUSSION:
The City of Temple City (City) has been util izing the services of a third party provider,
BreaiT, from the City of Brea , for information technology (IT) support consulting services .
BreaiT support services include, but are not limited to , hardware and standard software
support, network ma intenance , and troubleshooting/help desk .
The City does not have the personnel or the specialized techn ical expertise to perform
the IT services provided in the Agreement. The only change in the agreement i s that the
rate per hour incre ased from $108 to $111 . The agreement is not to exceed $53 ,200 .
City Council
July 2 , 2019
Page 2 of 2
It is recommended that the Council approve the Agreement and make it retroactive to
July 1, 2019 . However, to ensure that the City receives the best services and pricing , a
Request for Proposal (RFP ) to solicit bids for IT Services is planned to be issued this
fiscal year, FY 2019-20 .
CITY STRATEGIC GOALS:
Approving the Agreement for FY 2019-20 will further the City's Strategic Goal to promote
Good Governance .
FISCAL IMPACT:
The approval of the Agreement does not have an impact on the FY 2018-19 budget. The
cost of the Agreement, not to exceed $53 ,200 , is budgeted in the FY 2019-20 Adopted
Budget.
ATTACHMENTS:
A Support Services Agreement with BREAIT
INFORMATION TECHNOLOGY
SUPPORT SERVICES AGREEMENT
ATIACHMENTA
This AGREEMENT made and entered into this 151 day of July , 2019 ("Effective Date"), by and
between the CITY OF BREA , a Municipal Corporation , hereinafter sometimes referred to as "BreaiT,"
and the CITY OF TEMPLE CITY a municipal corporation , hereinafter sometimes referred to as "City ."
A. Recitals.
(i) Brea has heretofore established an Information Technology (IT) D ivision for the
purpose of providing IT service, which include support of personal computers (PC),
LAN , hardware , software, and general integration ("IT Serv ices"). This Div is ion shall
be hereinafter referred to as BreaiT.
(ii) BreaiT has heretofore obtained all the necessary technical staff and equipment,
and is ·experienced in the provision of IT Services.
(iii) City desires t o utilize BreaiT as an independent contract or under the management
and control of Randy Hornsby, Brea's IT Manager, and subject to the terms and
conditions set forth in this Agreement for the purpose of prov iding IT Services to
upgrade and maintain City's IT system .
B. Agreement.
NOW, THEREFORE , it is hereby mutually agreed by and between Brea IT and City that as
consideration for the following promises , the parties agree as follows :
1. Term . The term of this Agreement shall be month-to-month , commencing on Jul y 1,
2019 , as provided herein .
2 . Compensation . As consideration for the use of BreaiT services , City of Temple City
shall pay to BreaiT a fee of, $111 .00 per hour for each hour worked by a BreaiT
Specialist, not to exceed $53 ,200 annually which sha ll be payable upon receipt of
ATTACHMENT A
invoice for said service s from Bre aiT. The hourly rates a re subject to modification
annually as may be agreed between the parties in writing . In exchange for the base
monthly fee, BreaiT will provide City service time, not to exceed 40 hours per month for
the following identified services . The contracted 40 hours represents one (1) specialist
visiting the City's site during normal bus i ness operating hours one time per week for eight
hours each visit for a max imum of 5 days per month.
a) BreaiT will , in its sole reasonable discretion, determine which personnel shall
be assigned to task/serv ice requests .
b) Regularly scheduled remote Specialist access and on-site hours w ill be
ha rdware and standard software support, as well as simple and routine
network ma intenance and troub le-shooting . Specia li st work is more fully
described in the job description attached hereto as Exhib it A and made a part
hereof by reference . Account Manager work is a component of admin istrating
the agreement and scheduling Specialists work. Account Manager work is
more fully described in the job description attached hereto as Exh ibit B and
made a part hereto by reference .
c) Additional Special ist hours, which may be required during BreaiT's standard
hours of operat ion , will be billed at a rate of $111 .00 per hour. Emergency
call-out for off-hours work will be billed at $121 .00 per hour with a two hour
mi nimum . Hourly rates are subject to modification annually as may be agreed
between the parties in writing.
d) City agrees to pay all undisputed invoice amounts w ithin thirty (30) days of the
invoice date. City agrees to notify Brea iT of any disputed invoice amounts
within ten (10) days of the invoice date.
3. Independent Contractor. BreaiT is an independent contractor and not an employee of
C ity. Neither City nor any of its employees shall have any control over the conduct
2
ATTACHMENT A
of BreaiT or any of their employees, except as herein set forth. Brea IT expressly
warrants not to, at any time or in any manner , represent that they, or any of their
officers, employees or agents, are in any manner officers, employees, or agents of
City. It is expressly understood that said BreaiT is and shall at all times remain as to
City wholly an independent contractor, and that BreaiT's obligations to City are solely
such as are prescribed by this Agreement.
4. Indemnity.
a) All officers, agents, employees , subcontractors, their agents, officers and
employees who are hired by or engaged by BreaiT in the performance of
this Agreement shall be deemed officers, agents and employees and
subcontractors of BreaiT, and City shall not be liable or responsible to them
for anything whatsoever.
b) BreaiT agrees to defend and hold harmless City and all of its officers and
employees from all c laims , damages, costs or expenses in law and in equity,
including costs of suit and expenses for legal services, that may at any time
allegedly received or suffered by reason of any wrongful or negligent act
or omission on the part of BreaiT or any of its agents, officers and employees
and subcontractors in the performance of this Agreement.
c) BreaiT shall not be deemed to assume any liability for wrongful or negligent
acts of City or its officers, agents , emp loyees and subcontractors, and City
shall defend and hold BreaiT harmless against any such claims.
d) BreaiT agrees to defend and hold harmless City from all claims, demands ,
liability fines and penalties made by BreaiT's employees from health ,
retirement or other benefits attributable to services performed pursuant to
this Agreement.
3
,---------------------------~-----
ATTACHMENT A
e) City ag ree s to indemnify and hold harmless BreaiT, the City of Brea , its
elected officials , officers , agents, employees and volunteers , as to any and
all claims, liability or loss , damage or injury to persons or property , which
arise from City's performance of this Agreement.
5. Familiarity with Work . By execution of this agreement, BreaiT warrants that:
a) It has thoroughly investigated and considered the work to be performed .
b) It has expertise in the area of information technology.
c) It has carefully considered how the work should be performed . And ,
d) It fully understands the difficulties and restrictions attend ing the performance
of the work under this Agreement.
6 . Exclusions . BreaiT shall not be responsible for providing support for any software
that has been obtained illegally, is unlicensed or for which City does not have proper
certificati on s to run on City's IT system.
7. Obli gatio ns of City. City shall be responsible for providing the following:
a) Ci ty will provide a networked PC on their site on which Brea iT staff can
maintain utilities and ga in access via modem to necessary support forums .
b) City will maintain not less than one set of original media and manuals on site
for all software supported by BreaiT.
c) City acknowledges that the use of the PCs , operating systems and software
pro gram s are and shall be subject to the City's exclusive management and
contro l and City shall at all times be solely responsible for assuring their proper
use City's officers, officials, employees, agents, consu ltants, guests or any
other third parties .
8. Coordination of Work.
a) Selection of Representatives. The following person is hereby designated as the
principal and representative of Brea iT authorized to act in its beha lf with
4
ATTACHMENT A
respect to the work specified in this Agreement and t o make all dec isions in
connection therewith :
Name: Mike Ryan T itle: IT Supervisor
b) Contract Representative . The Contract Represen tative shall be a person as
designated by the City Manager of the C ity of. Temple City. It shall be Brea iT's
responsibil ity to assure that the Contract Representative is kept informed of
the progress of the performance of the serv ices , and BreaiT s hall refer any
decision that must be made by Ci ty to the Contract Representat ive . Unless
otherwise specified herein , any approval of City required hereunder shall
mean the approval of the Contract Representative.
9. Insurance . Brea iT shall procure and mainta in ins urance for the duration of this
Agreement against claims for injuries to persons or damages to property , wh ich may
arise from or in connection with the performance of the work he reunder by BreaiT, its
agents , representat ives.
10. Enti re Agreement. This Agreement shall constitute the en ti re agreement between
BreaiT and City with respect to matters herein , and the same shall be deemed to
supersede any and all other oral or written representations or agreements which may
have been made by or entered into between BreaiT and City.
11 . Modifications and Amendments . No modification or amendment to th is Agreement
shall be deemed effective unless the same is in writing and executed by BreaiT and
City subject to all requ irements of law .
12 . Execution of Agreement. This Agreement may be executed in two (2) counterparts ,
each of which shall , for all purposes , be deemed an original , and all of which shall
constitute one and the same agreement of BreaiT and City .
13. Prohibition Against Transfer or Assignmen t. City shall not assign or attempt to
5
ATTACHMENT A
transfer any rights which it might have which arise from this agreement, without the
prior written consent of BreaiT, any action in furtherance of any transfer or
assignment.
14. Termination. Th is Agreement may be terminated with or without cause by either party
at any time by providing the other party with thirty (30) days written notice of
termination . In the event of such termination, BreaiT shall be compensated for services
rendered as of the date of termination .
15. Confidentiality. During the performance of its obligations under this Agreement BreaiT may
be exposed to information that is exempt from disclosure to the public (Government Code
Section 6254 and 6254 .16) and may contain "trade secrets" (see Government Code
Section 6254.7). If BreaiT is exposed to such confidential information, BreaiT shall not
be considered to be a member of the public as the term is used in Government Code
Section 6254.5. BreaiT shall not disclose , publish , or authorize others to disclose or
publish, data, drawings, specifications , reports, or other confidential information to which
BreaiT has had access during the term of this Agreement without prior written approval of
the Contract Representative.
6
ATTACHMENT A
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first set forth above .
APPROVED AS TO FORM :
CITY OF BREA:
By :
Cindy Russell, Administrative Services Director
CITY OF TEMPLE CITY:
By :
Bryan Cook , City Manager
By :
Peggy Kuo, City Clerk
By :
Greg Murphy, City Attorney
7
ATTACHMENT A
Exhibit A
Job Description of Specialist
-Communicate , in an effective way , with non-technical users to resolve their computer
problems .
-Ability to coordinate the resolution of computer systems problems in a multi -vendor
situation .
-Work "off-hours" to implement systems upgrades and maintenance .
-Diagnose and resolve PC hardware problems e .g . diagnose and replace a malfunctioning
hard drive or any other major component of the PC .
-Install , configure printers on PC's and in a simple LAN environment.
-Diagnose and resolve basic LAN infrastructure problems e .g . bad network cards , HUB ·
port problems, patch cords .
-Diagnose and resolve Windows workstation operating system problems .
-Assist end-users with their questions-or problems with Microsoft Word , Excel,
PowerPoint, Internet Explorer and Outlook.
-Perform research and analysis to resolve technical problems with the above named
software and hardware systems .
-Add users to a Microsoft network operating system and change user's passwords when
necessary.
-Perform systems backups and maintain backup tape rotations .
-Diagnose and resolve advanced LAN problems that may involve network switches ,
firewalls, routers, DNS servers, DHCP , WINS and TCP/IP .
-Perform advanced procedures with the Microsoft network operating system e .g . install
and configure PDC/BDC 's.
-Monitor and tune performance of servers and networking systems.
-Test new equipment and software programs to determ ine compatibility with current
equipment and standards. Detect errors and suggest possible improvements and
alternatives.
-Analyze current computing environment and recommend more efficient processes .
-Assist end-users in id entifying and evaluating their techn o logy needs, and devel op ing
and implementing workable solutions .
8
------------------------------------------
ATTACHMENT A
-Establish, coordinate .and implement long-range information systems planning .
-Monitor and analyze the efficiency and effectiveness of information systems and
recommend changes that will make them better .
9
ATTACHMENT A
Exhibit 8
Job Description of Account Manager
-Meet with city representative on a regular basis not to exceed hours allotted .
-Prepare monthly schedule for BreaiT personnel to cover city 's contracted hours .
Schedule personnel to cover emergency call-outs .
-Prepare billing on a monthly bas is.
-Handle all administrative duties of contract.
10