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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, 1 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 2 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 3 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. 4 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 5 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. 6 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. 7 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 %✓ tti17 Peggy Kuo, City Clerk ��'7 / Zn1Z Greg Murphy, City Attorney 8 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. 9 • 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. 10