HomeMy Public PortalAbout06) 7C - Amendment to Agreement BreaITAGENDA
ITEM 7C
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: June 16, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Susan Paragas, Director of Administrative Services
SUBJECT: AMENDMENT NO. 3 - SUPPORT SERVICES AGREEMENT FOR
INFORMATION TECHNOLOGY WITH CITY OF BREA/BREAIT
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the Amendment No. 3-Support Services Agreement (“Agreement”) with the
City of Brea/BreaIT (“BreaIT”) for the period of July 1, 2020 to June 30, 2021;
2. Authorize the City Manager to execute the Agreement.
BACKGROUND:
1. On July 1, 2008, an original agreement (“Original”) was made between the City of
Temple City (“City”) and BreaIT.
2. On July 1, 2010, an amendment to the Original (“Amendment No. 1”) was executed
between the City and BreaIT.
3. On July 2, 2019, Amendment No. 2 was approved between the City and BreaIT.
ANALYSIS:
The City of Temple City (“City”) has been utilizing 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 maintenance, and troubleshooting/help desk.
The City does not have the personnel or the specialized technical expertise to perform
City Council
June 16, 2020
Page 2 of 2
the IT services provided in the Agreement. The current agreement, Amendment No. 2,
has a rate of $111 per hour and Amendment No. 3 increases it to $114, not to exceed
$57,695 for the term from July 1, 2020 to June 30, 2021.
CITY STRATEGIC GOALS:
Approving the Agreement for FY 2020-21 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 2019-20 budget. The
cost of the Agreement is budgeted in the FY 2020-21 Proposed Budget.
ATTACHMENT:
A. Support Services Agreement with BREAIT
ATTACHMENT “A”
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INFORMATION TECHNOLOGY
SUPPORT SERVICES AGREEMENT
Amendment No. 3
This AGREEMENT made and entered into this 1st day of July, 2020 ("Effective Date"), by
and between the CITY OF BREA, a Municipal Corporation, hereinafter sometimes referred
to as "BrealT," 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) Division for
the purpose of providing IT service, which include support of personal
computers (PC), LAN, hardware, software, and general integration ("IT
Services"). This Division shall be hereinafter referred to as BrealT.
(ii) BrealT has heretofore obtained all the necessary technical staff and
equipment, and is experienced in the provision of IT Services.
(iii) City desires to utilize BrealT 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
providing 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 for one year, commencing on July 1,
ATTACHMENT “A”
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2020 and ending on June 30, 2020, provided herein.
2. Compensation. As consideration for the use of BrealT services, City of Temple
City shall pay to BreaIT a fee of, $114 .00 per hour for each hour worked by
a BreaIT Specialist, not to exceed $57,695 annually which shall be payable
upon receipt of invoice for said services from BrealT. The hourly rates are
subject to modification annually as may be agreed between the parties in
writing. In exchange for the base monthly fee, BrealT 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 business operating hours one time per week for eight hours each visit for
a maximum of 5 days per month.
a) BrealT will, in its sole reasonable discretion, determine which personnel
shall be assigned to task/service requests.
b) Regularly scheduled remote Specialist access and on-site hours will be
hardware and standard software support, as well as simple and routine
network maintenance and trouble- shooting. Specialist work is more fully
described in the job description attached hereto as Exhibit A and made
a part hereof by reference. Account Manager work is a component of
administrating the agreement and scheduling Specialists work. Account
Manager work is more fully described in the job description attached
hereto as Exhibit B and made a part hereto by reference.
c) Additional Specialist hours, which may be required during BrealT's
standard hours of operation, will be billed at a rate of $114.00 per hour.
Emergency call-out for off-hours work will be billed at $124.00 per hour
ATTACHMENT “A”
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with a two hour minimum. 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 within thirty (30) days
of the invoice date. City agrees to notify BreaIT of any disputed invoice
amounts within ten (10) days of the invoice date.
3. Independent Contractor. BrealT is an independent contractor and not an
employee of City. Neither City nor any of its employees shall have any control
over the conduct of BrealT 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
BrealT is and shall at all times remain as to City wholly an independent
contractor, and that BrealT'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 BrealT in the
performance of this Agreement shall be deemed officers, agents
and employees and subcontractors of BrealT, and City shall not be
liable or responsible to them for anything whatsoever.
b) BrealT agrees to defend and hold harmless City and all of its officers
and employees from all claims, 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
ATTACHMENT “A”
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wrongful or negligent act or omission on the part of BrealT or any of
its agents, officers and employees and subcontractors in the
performance of this Agreement.
c) BrealT shall not be deemed to assume any liability for wrongful or
negligent acts of City or its officers, agents, employees and
subcontractors, and City shall defend and hold BrealT harmless
against any such claims.
d) BrealT agrees to defend and hold harmless City from all claims,
demands, liability fines and penalties made by BrealT's employees
from health, retirement or other benefits attributable to services
performed pursuant to this Agreement.
e) City agrees to indemnify and hold harmless BrealT, 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, BrealT 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 attending the
performance of the work under this Agreement.
6. Exclusions. BrealT shall not be responsible for providing support for any
ATTACHMENT “A”
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software that has been obtained illegally, is unlicensed or for which City does
not have proper certifications to run on City's IT system.
7. Obligations of City. City shall be responsible for providing the following:
a) City will provide a networked PC on their site on which BrealT staff
·can maintain utilities and gain 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 BrealT.
c) City acknowledges that the use of the PCs, operating systems and
software programs are and shall be subject to the City's exclusive
management and control and City shall at all times be solely responsible
for assuring their proper use City's officers, officials, employees,
agents, consultants, 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 BrealT authorized to act in its
behalf with respect to the work specified in this Agreement and to make
all decisions in connection therewith:
Name: Mike Ryan Title: IT Supervisor
b) Contract Representative. The Contract Representative shall be a person
as designated by the City Manager of the City of Temple City. It shall be
BrealT's responsibility to assure that the Contract Representative is kept
informed of the progress of the performance of the services, and BrealT
shall refer any decision that must be made by City to the Contract
ATTACHMENT “A”
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Representative. Unless otherwise specified herein, any approval of
City required hereunder shall mean the approval of the Contract
Representative.
9. Insurance. BrealT shall procure and maintain insurance for the duration of
this Agreement against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by BrealT, its agents, representatives.
10. Entire Agreement. This Agreement shall constitute the entire agreement
between BrealT 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 BrealT and
City.
11. Modifications and Amendments. No modification or amendment to this
Agreement shall be deemed effective unless the same is in writing and
executed by BrealT and City subject to all requirements 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 BrealT and City.
13. Prohibition Against Transfer or Assignment. City shall not assign or attempt to
transfer any rights which it might have which arise from this agreement, without
the prior written consent of BrealT, any action in furtherance of any transfer or
assignment.
14. Termination. This Agreement may be terminated with or without cause by either
ATTACHMENT “A”
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party at any time by providing the other party with thirty (30) days written notice
of termination. In the event of such termination, BrealT shall be compensated
for services rendered as of the date of termination.
15. Confidentiality. During the performance of its obligations under this Agreement
BrealT 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 BrealT is exposed to such confidential
information, BrealT shall not be considered to be a member of the public as the
term is used in Government Code Section 6254 .5. BrealT shall not disclose,
publish, or authorize others to disclose or publish, data, drawings, specifications,
reports, or other confidential information to which Brea IT has had access during
the term of this Agreement without prior written approval of the Contract
Representative .
ATTACHMENT “A”
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IN WITNESS WHEREOF, 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
ATTACHMENT “A”
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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 determine compatibility with
current equipment and standards. Detect errors and suggest possible
improvements and alternatives.
ATTACHMENT “A”
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− Analyze current computing environment and recommend more efficient
processes .
− Assist end-users in identifying and evaluating their technology needs, and
developing and implementing workable solutions.
− 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 .
ATTACHMENT “A”
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Exhibit B
Job Description of Account Manager
− Meet with city representative on a regular basis not to exceed hours allotted.
− Prepare monthly schedule for BrealT personnel to cover city's contracted
hours. Schedule personnel to cover emergency call-outs.
− Prepare billing on a monthly basis.
− Handle all administrative duties of contract.