HomeMy Public PortalAboutAgreement_2019-07-01_Brea ITINFORMATION TECHNOLOGY
SUPPORT SERVICES AGREEMENT
This AGREEMENT made and entered into this 1St day of July, 2019 ("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.
(1) 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 BrealT 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 July 1,
2019, as provided herein.
2. Compensation. As consideration for the use of BrealT services , City of Temple City
shall pay to BrealT a fee of, $111.00 per hour for each hour worked by a BrealT
Specialist, not to exceed $53,200 annually which shall be payable upon receipt of
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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 $111.00 per hour. Emergency
call -out for off -hours work will be billed at $121.00 per hour 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 BrealT 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
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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 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.
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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 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
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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 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 Am end m e nt s. No modification o r amendment t o 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
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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 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.
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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 Russ 1l, Administrative Services Director
CITY OF TEMPLE CITY:
By:
By:
By:
Brya <+ , City Manager
Peggy Ku d' C`fty clerk
Gre y, City /ftorn
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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.
- 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.
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— 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.
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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.
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