HomeMy Public PortalAboutAgreement_2022-07-01_Brea ITINFORMATION TECHNOLOGY
SUPPORT SERVICES AGREEMENT
Amendment No. 5
This AGREEMENT made and entered into this 1st day of July, 2022 ("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.
(H) 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,
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2022 and ending on June 30, 2023, provided herein.
a) Compensation. As consideration for the use of BrealT services, City
of Temple City shall pay to BrealT a flat fee $2,680 per month which
includes unlimited remote support plus five (5) hours of dedicated on -site
support per month as needed (during normal Brea work hours).
Additional on -site hours, if needed, will be provided at $118 per hour.
Unscheduled after hours, holidays and emergency support will be the
emergency callout rate of $128 per hour with a two-hour minimum. The
total costs shall not exceed $43,960 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.
b) Desktop Support includes setup, maintenance and troubleshooting of all
computers. Network Support consists of servers and network
infrastructure hardware setup, maintenance and troubleshooting,
including coordination with third party vendors. Contractor will, in its sole
reasonable discretion, determine which personnel shall be assigned to
task/service requests.
c) 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
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Manager work is more fully described in the job description attached
hereto as Exhibit B and made a part hereto by reference.
d) Telephone support via BrealT's telephone hotline (714-990-7777) is
available to city as a condition of this agreement during Contractor's
standard hours of operations, which are Monday through Thursday, 7:30
a.m. to 5:30 p.m., and alternate Fridays from 8:00 a.m. to 5:00 p.m. (City
Hall is closed on alternate Fridays).
e) 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.
2. 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.
3. 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
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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.
e) City agrees 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.
4. Familiarity with Work. By execution of this agreement, BrealT warrants that:
a) It has thoroughly investigated and considered the work to be
performed.
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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 respect to the work specified in this Agreement and to make
all decisions in connection therewith:
Name: Randy Hornsby Title: IT Manager
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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 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.
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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
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:
Kristin Griffi4I , Administrative Services Director
CITY OF TEMPLE CIT
By:
By:
By:
Bryan Cook, City Manager
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Peggy Kuo, City Clerk ��'7 / Zn1Z
Greg Murphy, City Attorney
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EXHIBIT A
SCOPE OF SERVICES PROVIDED REMOTELY
SPECIALIST
BrealT's remote level support includes, but is not limited to, the following
services to be provided by a Specialist:
• Communicate effectively with non -technical users to respond to support
tickets and resolve computer program or network issues using remote
desktop software "Kaseya" (provided by BrealT).
• Coordinate with software vendors to assist in the resolution of problems that
arise for any supported computer systems.
• Assist in researching and recommending new software and hardware, and
in the integration of new software and hardware.
• Monitor, track, and provide quotes for software license renewals, new
software and hardware, and provide recommendations.
• Provide the scheduling flexibility to work "off -hours" to implement system
upgrades and perform maintenance as needed.
• Diagnose and resolve hardware problems and replace any malfunctioning
components of the computers, servers or any other supported devices on -
site using the contracted 5 hours per month (as needed).
• Install and configure printers on PC's and in a simple local area network
(LAN) environment.
• Diagnose and resolve all LAN infrastructure problems.
• Diagnose and resolve Windows workstation operating system problems.
• Assist end -users and provide answers to questions or resolve problems
with software used by the City, such as Microsoft Word, Excel, PowerPoint,
internet Browsers and Outlook.
• Perform any research needed in order to resolve technical problems.
• Provide day-to-day user management support functions, such as; adding,
deleting or changing user passwords in Microsoft's network operating
system.
• Perform systems backups and maintain backup data.
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• Diagnose and resolve advanced LAN problems that may involve network
switches, firewalls, routers, DNS servers and any other protocols or
services.
• Perform advanced procedures with the Microsoft network operating
systems e.g. install and configure PDC/BDC's.
• Monitor and ensure the performance of servers and networking systems.
• Test new equipment and software programs to determine compatibility with
current equipment and adherence to recommended standards. Detect
errors and suggest possible improvements and alternatives.
• Analyze and assess current computing environment and if possible, provide
recommendations for process improvement and enhanced efficiency.
• Assist end -users in identifying and evaluating technology needs, and work
to develop and implement feasible solutions.
• Establish, coordinate and implement long-range information systems
planning.
• Monitor and analyze the efficiency and effectiveness of information systems
and recommend changes for possible enhancements.
ACCOUNT MANAGER
BrealT's remote level support includes, but is not limited to, the following
services to be provided by an Account Manager:
• The Account Manager, working primarily off -site, will be responsible for
coordinating all IT operations with Temple City's designated contact, based
on the City's specific needs and objectives.
• Act as after-hours contact and can be contacted at any time to ensure the
City's complete satisfaction.
• Oversee all projects and maintain all personnel and work schedules for
Contractors Staff.
• Monitor and analyze the efficiency and effectiveness of information systems and
recommend changes for possible enhancement.
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