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HomeMy WebLinkAboutContracts & Agreements_6-2019 AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of services associated with network support and management services ("Agreement") is made and entered in this 15th of January, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Ian Stewart Consulting ("Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE 1 —ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide network management and support services for City's Management Services Department and Police Department(the "Services") 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2—SERVICES OF CONSULTANT 21 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to State prevailing wage laws ARTICLE 3 —RESPONSIBILITIES OF CITY 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Danielle Garcia, Management Services/Finance Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4—PERFORMANCE OF SERVICES 41 The term of this Agreement shall be for a period of one (1) year commencing as of the Effective Date and shall end on January 14, 2020, unless terminated earlier as provided for herein (the "Initial Term") City shall further have the option to extend the Initial Term of this Agreement for two additional one-year terms (the "Renewal Terms") by 1 L 1ca\djm\Agreements\PD City Network Support Agmt 12.21 2018 Revldoc providing written notice to Consultant not less than ten (10) days prior to any Renewal Term 42 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City Staff ARTICLE 5 —PAYMENTS TO CONSULTANT 5 1 The total compensation for Consultant's performance of the Services pursuant to this Agreement shall not exceed the amount of four hundred eighty four thousand two hundred twenty four dollars ($484,224), and shall not exceed the amount of one hundred sixty one thousand four hundred eight dollars ($161,408) during the Initial Term of this Agreement, or during any Renewal Team of this Agreement City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled "Fee Schedule " Exhibit "B" is attached hereto and incorporated herein by this reference 52 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the project City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 53 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (it) five (5) days after deposit in first class registered mail, with return receipt requested, (lit) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section CCi Consultant Danielle Garcia, Director Ian Stewart Consulting Management Services/Finance Dept PO Box 7769 City of Redlands Redlands, CA 92375 35 Cajon Street, Suite 222 PO Box 3005 (mailing) Redlands, CA 92373 2 L IcaldjmWgreements\PD City Network Support Agmt 12.21 2018 Rev2.doc ARTICLE 6—INSURANCE AND INDEMNIFICATION 61 Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City 62 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall provide City with Exhibit "C," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services 63 Consultant shall secure and maintain comprehensive general liability insurance with carriers acceptable to City Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 64 Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made 65 Consultant shall secure and maintain business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and noncontributing to any insurance or self insurance maintained by City 66 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 —CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or 3 L%ca%djm\Agreements\PD City Network Support Agmt 12.21 2018 Rev2.doc degree by the performance of Consultant's Services Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Consultant acknowledges that it serves in a "staff capacity" with City and, in that capacity, performs the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 Accordingly, Consultant must disclose its financial interests and shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk, prior to commencement of the Services ARTICLE 8—GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk 84 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation 8.5 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the 4 L IcaldimlAgreements\PD City Network Support Agmt 12.21 2018 Rev2.doc extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination 86 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant 87 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 88 This Agreement shall be governed by and construed in accordance with the laws of the State of California 89 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS IAN STEWART CONSULTING By Paul W�Fost�erMa�yor Ian Stewart, Owner Attest. L�ne�— (�e e Donaldson, City Clerk 5 L 1ca1djmlAgreements\PD City Network support Agmt 12.21 2018 Rev2.doc EXHIBIT "A" SCOPE OF SERVICES Ian Stewart Consulting will provide network infrastructure support and engineering to the City of Redlands Police Department to include Maintenance & Support Services, Problem Resolution Services, and System Management Services Service Descriptions,Approach and Methodology Ian Stewart Consulting is able to provide all services as requested in the categories below 1) Maintenance & Support Services include help desk services, addressing hardware and software issues related to workstations, servers, software,peripherals, and network infrastructure, diagnostics, part replacements, software installs and patches,performing and verifying backups, regular maintenance and monitoring at the network, server, and workstation levels, including antivirus/spam protection,network firewall security audits, file security audits, and DOJ compliance audits; maintenance for in-vehicle computers,modems and radios, and camera network including 100+individual cameras 2)Problem Resolution Services include working with third party vendors and maintenance companies to diagnose and resolve hardware, software, IP communication, cellular communication, datacenter electrical and environmental issues, referral or service requests to third parry service companies as required(by existing contract, agreement, or warranty), maintenance and support functions (where agreed upon with the third party company), and working with service providers (local telco, cable, internet, cellular, etc) Contract management for new and existing support contracts related to IT 3) System Management Services include documentation of the current system(s),verification of operational levels of the current system (both hardware and software), evaluation and recommendation of changes to the system (for inclusion in an Information Technology Master Plan), and assistance in implementing corrections and changes to the system Operations-Infrastructure Ian Stewart Consulting can conduct an ongoing IT assessment of existing infrastructure,keep track of trends in the IT industry and give recommendations for upgrades and improvements system wide Ian Stewart Consulting can provided the Police Department • Provide network support using IT best practices designed for law enforcement • Provide software and hardware infrastructure support • Analyze and resolve outages, congestion and other problems Utilize proactive troubleshooting methods to predict and avert significant system issues Systems Maintenance and Support Functions Ian Stewart Consulting has experience in extensive knowledge of existing Police Department systems We can provide all aspects of support, maintenance, and monitoring of • We have existing professional contacts with nearly all of the vendors covering current applications and systems covered by existing maintenance agreements 6 L 1ca1djmlAgreements\Pil City Network Support Agmt 12.21 2018 Rev2.doc • We can provide direct maintenance and support of file servers,hardware, middleware and software for a server-based environment with 200+clients In addition,Ian Stewart Consulting can • Conduct diagnostics,hardware repair, and software installs • Support software maintenance monitoring and documentation to include version control, licensing, developer advisories,training updates, license renewals • Ensure system and data files are backed up on a regular automatic basis We have setup the department's backup solution and can continue to support and upgrade this • Optimize,maintain and secure VPN,WLAN networks Ian Stewart Consulting has multi-vendor experience with mobile cellular, satellite, and private wireless networks • Conduct daily/weekly inspections to prevent system crashes and ensure overall network and workstation effectiveness,and provide a written summary of system(s)status and corrective actions • Perform assessments of data warehousing,hardware and software for potential hosted operations in the future Ian Stewart Consulting is able to provide support on Indigo Vision IP camera systems and is an authorized Indigo Vision dealer Ian Stewart Consulting, in conjunction with Leverage Information Systems was instrumental in engineering of the department's city-wide camera system We are familiar with all existing network technologies, SAN storage, server software, camera hardware, and high speed wireless point-to-point connections utilized in the city's system We also have a direct relationship with Redlands Unified School district in support of their allied camera network Development-Planned Projects Ian Stewart Consulting has a history with the Redlands Police Department has successfully complete several projects including a complete Datacenter relocation,email,and CAD/RMS server upgrade,SAN installation, and virtualization conversion We can continue to• • Evaluate new software products and technologies, and provide recommendations to enhance existing systems and build new systems • Support projects under development and assist in the development of future data retrieval and integration of applications • Provide support services to enhance mobile and wireless technology use Development-New Project Capacity-Emerging Technology Functions Ian Stewart Consulting recognizes the Police Department heavily embraces useful technology and is continually evaluation products services and technologies that can enhance employee productivity, safety,and community relations We are able to continually • Investigate and evaluate promising technologies that have the potential to improve business, facility and system operations, addressing the viability of the technologies'application and anticipated timeline for operational use • Determine potential compatibility and/or interoperability issues with existing systems and effect of new systems on current architecture • Provide independent trade studies and research to ensure that the products under development or consideration reflect the best standards and value Operations-Level 2/3 Helpdesk and PC Support Ian Stewart Consulting has years of experience supporting mission critical public safety systems. We are able to supply the following services • Provide dedicated on-site maintenance, support and problem resolution services a minimum of eight(8)hours per day,for a minimum of four(4) days a week 7 L 1ca1djmlAgreements\PD City Network Support Agmt 12.21 2018 Rev2,doc • Ian Stewart Consulting is able to provide 24/7 coverage for emergency responses We have full remote control capability via multi-vendor communication links to attend to most issues Located in Redlands,we are able to respond rapidly on-site as necessary Coverage for essential services (911 Dispatch center, CAD/RMS system, network infrastructure, and servers)is available afterhours,weekends and holidays • PC Desktop support including hardware and software Ian Stewart Consulting is capable of supporting all Existing Technology Conditions within the Department In addition we can suppot t the fallowing pi oducts either directly or through coordination of vendor support Bai i acuda and Sophos filtering products and F-Secure anti-virus, Itrezzo Unified Contact Managei, Kronos Telestaff,Philips dictation devices, Panasonic Toughbook devices, and Flock ALPR systems Ian Stewart Consulting can fulfill the following client desired objectives • Increase the reliability and operational effectiveness of the agency's hardware and software investments • Provide information and assistance in developing an enhanced mobile computing environment • Provide information and technology assistance on emerging IT trends • Increase network system efficiency • Consult on future infrastructure requirements • Provide high quality reliable maintenance and support of the IT infrastructure • Improve network security and system back-ups and archival practices 8 L IcaldimlAgreementslPD City Network Support Agtnt 12.21 2018 Rev2.doc EXHIBIT "B" Fee Schedule Ian Stewart Consulting Government Agency Rates* Network Engineering $125/hr Server Design, Install, Support $85/hr Workstation/Desktop support $85/hr For all 3 categories of requested services the standard base rate is $85 per hour Cisco and IP network engineering,network upgrades, and network technical planning/pre-engineering are billed at$125/hr in all 3 categories 1) Maintenance& Support Services 2) Problem Resolution Services 3) System Management Services After-hours rates are billed as above, however unscheduled or emergency on-site visits after 7pm and before 7 am or on weekends are subject to a two-hour minimum Where possible, Ian Stewart Consulting will attempt to remedy such a trouble ticket remotely to reduce customer cost Worked billed as a block of hours or for a scheduled weekend project for example, are also at the above rates 9 L 1ca1d1m1Agreements\PD City Network Support Agmt 12.21 2018 Rev2.doc EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861) `/I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct IAN STEWART CONSULTING Date- By Ian Stewart, Owner 10 L•1caldjm\Agreements\PD City Network Support Agmt 12.21 2018 Rev2.doc