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HomeMy WebLinkAbout2004-05-17 City Council (3)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL ~ CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE: SUBJECT: MAY 17, 2004 CMR:257:04 AGREEMENTS BETWEEN THE CITY OF PALO ALTO AND THE CITY OF ALAMEDA IN THE AMOUNT OF $48,500 AND THE CITY OF EMERYVILLE IN THE AMOUNT OF $95,500 FOR INFORMATION TECHNOLOGY SERVICES RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached agreements to provide information technologT (IT) services to the City of Alameda in the amount of $48,500 and to the City of Emeryville in the amount of $95,500. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the agreements with the cities of Alameda and Emeryville in an amount not to exceed $150,000. ~ Authorize the City Manager or his designee to extend the agreements for up to two additional years in an amount not to exceed $150,000. BACKGROUND In July 2001, the Information Technology Division of the Administrative Services Department started the Information Technology Service Provider (ITSP) program. The program was created to establish partnerships with municipal governments for the provision of information technology services. In 2001, Council approved contracts between the City of Palo Alto and the cities of East Palo Alto and Los Altos for IT services which included onsite support, IT strategic planning, and web design and maintenance. In 2002, Council approved new multi-year contracts with East Palo Alto and Los Altos as well as new contracts with the cities of Los Altos Hills and Atherton. Through authority granted by the Council, these contracts CMR: 257:04 Page 1 of 3 were extended through fiscal year 2003-04. It is anticipated that these contracts will be extended through fiscal year 2004-05. At the start of the ITSP program staff expected that additional cities would be interested in IT services. In late 2003, staff initiated discussions with the City of Alameda and the City of Emeryville for the provision of IT services. DISCUSSION The proposed agreement for $48,500 with the City of Alameda is for delivery of IT strategic planning and IT disaster planning services. These services will culminate with the delivery of an IT strategic plan document and an IT disaster plan document. The proposed agreement with the City of Emery¥ille is for a two-year period, renewable annually, for the provision of services including help desk, system maintenance, onsite technical assistance and project management services. The proposed agreement is in the amount of $95,500 in the first year and $89,500 in the second year. The contract will allow for additional services to be purchased at an hourly rate as necessary. RESOURCE IMPACT Funds and staffing for these agreements are available in the City of Palo Alto 2003-04 External Services Adopted Budget. The projected cost to support the agreements will be fully offset by the revenues received from the contract cities. POLICY IMPLICATIONS Approval of the agreements is consistent with existing City policies. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHI~IENTS Attachment A: Agreement for Information Technology Services between the City of Palo Alto and the City of Alameda Attachment B: Agreement for Information Technology Services between the City of Palo Alto and the City of Emeryville CMR: 257:04 Page 2 of 3 PREPARED BY: DAVID RAMBERG IT Manager, External Services DEPARTM]ENT APPROVAL: te Services CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR: 257:04 Page 3 of 3 ATTACHMENT A AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES BETWEEN THE CITY OF PALO ALTO AND THE C!TY OF ALAMEDA This Agreement for Information Techno!ogy Services is made this day of ,, by and between the City of oPalo Alto ("Pa!o Alto")and the City- of Alameda ("Agency"). RECITALS WH.EREAS, Pa!o Alto has an established information tecb~o!o~y operation; and k~EREAS, Agency has no current facilities or ability to provide those re_quired information technology services, and has requested that Palo Alto provide information technology services within the jurisdiction of Agency, and for the citizens of Agency; and WHEREAS, Paio Alto has the capacity to provide such services to Agency as are hereinafter described, and is willing to do so; NOW, THER_EFORE, in consideration of the covenants, terms, and conditions, the parties agree: following SECTION !. Term. The term of this Agreement shall commence upon execution of this Agreement and shall terminate on December 31, 2004. Time is of the essence regarding the performance of this Agreement. SECTION 2.Te_~T_Lination by Either Party. Any party may te._~minate this agreement at any time, with or without cause, by providing thirty (30) days written notice of intent to terminate. In any event of te_rmination under this paragraph, Pa!o Alto shall be paid for al! services performed until such te_rmination. SECTION 3.Scope of Services. Palo ~u~os= m~mvlces set forth in~o shal! perform ~ .....’ Exhibit "A", entitled "Scope of Services", attached hereto and _ncorpo:~ed herein by reference 010612 sm 0100230 SECTION 4.Agency’s Obligations. 4.1 Agency shall perform those obligations of Agency aescr_med in Exhibit A SECTION 5.Co~oensation. 5.1 Agency agrees to pay Palo Alto a lump sum of Forty-Eight Thousand Five Hundred Dollars ($48,500) for the services described in Exhibit "A", payable in three payments. Each payment shal! be due upon com_m!etion of each part of the project in accordance with the schedule set forth in s~_!m~t 5.2 Pa!o Alto shal! submit billing statements to Agency no more often than monthly, and payment shal! be due within thirty (30) days from the invoice date. Payments shall be sent to: Chief Information Officer 250 Hamilton Avenue Pa!o Alto, CA 94301 ~y payments not received on or before the date when payment is due shall accrue interest between the date when payment is due and the date payment is received at the prevailing rate of return earned by Pa!o A!to’s investments during that period. 5~3 in the event of early te~-mination of this agreement, in accordance with Section 2, Pa!o Alto shall bill Agency for its work performed under this agreement in the final month during which such termination is effective. SECTION 6.indemnification and Hold Harmless. Agency acknow_e@ges that its c{t{zenry aesi_es provision of all services set forth in Sec~o__ 3, but that {t requested that Pa!o Alto provide such services. Therefore, Agency expressly agrees to defend,indemnify and hold harmless Pa!o Alto, its officers, employees,and agents from any and all demands, claims, liabilities, losses, charges, costs, or damages caused by or arising out of Paio A!to’s acts or omissions in the perfo_rmance of this agreement. The foregoing indemm_ity sha!l not apply to claims arising from the unlawfu! acts (such as ~’- : :--~: ~ of City o; Pa!o Alto employee.harassment or @lmcr±m=~=~=on;a ~ // // 0]0612 smOlO0230 SECTION 7.Confidentiality. 7.1 The parties acknowledge that in the course of and as a consequence of this Agreement, they each may be exposed to or acquire information that is proprietary to or confidentia! to the other party or its contractors. The parties agree that they will each notify the other of any such proprietary or confidentia! information, and shal! hold such information in strict confidence and sha!l not copy, reproduce, se!l, assign, license, market, transfer, give or otherwise disclose such information to third parties or use such information for any purposes whatsoever, without the express written pe_rmission of the other party, other than for the provision of services under this Agreement. The parties agree to advise each of their emp!oyees, agents, and representatives of their obligations to keep such information confidential. All such confidentia! and proprietary information described herein and any deliverable provided hereunder, in whatever form, are hereinafter collectively referred to as ’~Confidentia! Information." The par~{== s~T] use their reasonable efforts to assist each other in identifying and preventing any unauthorized use or disc!osure of any Confidentia! information. Without limitation of the foregoing, the parties shal! use reasonable efforts to advise each other immediately in the event that either learns or has reason to believe that any person -who has had access to Confidentia! information has violated or intends to violate the terms of this Agreement, and wil! reasonably cooperate in seeking relief against any such person. 7.2 Notwithstanding the obligations set~o~z__= ~’h in Section 7.1,the confidentiality obligations of the parties sha!7 n ~._ __o~ extend to information that: is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than receiving party; was kno-~m__ to the receiving party as o~ the time of _~s disc!osure; oris independently deve!oped by the receiving party; oris subsequently learned from a third party not under a required to be disclosed pursuant to court order or government whereupon the receiving party sha!l’provide notice to the other party prior to such disclosure. SECTION 8.No Warranty. No warran£ies, whether express or implied, including, without limitation, the {mo!{ed ......... = -_ _ _ ~r~e~ ~f merchantability and fitness for a particular purpose, are made by City and City makes no warranties with:=~p=~ ...... to hardware e~aioment_ ~. software or for the installation thereof, in no event wil! City be liable to Agency or any other party for any loss, including 010612 srn 0100230 ~ time, money, goodwil! and consequential damages, which may arise from the use, operation or modification of the work perfo_rmed or product(s) produced under this Agreement by City. SECTION 9.Notices. Al! notices shall be submitted, in writing, and sent by the United States mai!, certified and postage prepaid, by private exp_ress delivery service, by facsimile transmission fol!owed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated below or to any other address noticed in writing. PALO ALTO:City Clerk 250 Hamilton Avenue Palo Alto, CA 94301 with a copy to:Chie~ Information Officer Hamilton ~r~enue Pa!o Alto, CA 94301 AGENCY:City of Alameda 950 W. Hal! Sq., Room 175 Alameda, CA 94501 Attention:Miche!le L. Gitmed IT Director Ph: (510) 749-5804 Fax:(5!0) 749-5975 SECTION !0.Miscellaneous. !0.! This Agreement shall be governed by and construed in accordance with the laws of the state of California. Pm.y changes resulting in program modifications shal! be provided in writing by Palo Alto to Agency as soon as Legislative bodies enact any new or modified regulations. 10.2 This Agreement may ~= =~=~t~S {n any n~mber of counterparts, each of which shall be an original, but all of which together shall consu=~u~e one and the same instrument 10.3 Palo Alto shal! not be deemed in default account of any ee±ay or failure to perform any obligations in accordance with Agency laws, the laws of the State of California, the Pa!o Alto Municipa! Code, and the terms of this ~mrectly resul~s from an Act o~ God including,Agr~eme~, which ~’ without limitation, the act of a superior legal authority or am occurrence of nature. 010612 sm 0100230 10.4 The headings are not a part o~ this Agreement and shal! have no effect upon the construction or interpretation of any ~art of this Ag_~menz 10.5 This Agreement constitutes the entire agreement between the parties concerning its subject matter, and there are no other ora! or written agreements between the parties not !nco_mora~ed in this Agreement 10.6 This Agreement shall not be modified, unless the parties first agree to and approve of such modificationin writing through a duly authorized amendment. 10.7 if a court of com_metent jurisdiction findsor rules that any provision of this Agreement ~s void or unenforceable, the unaffected provisions of this Agreement shal! remain in effect. // // // // // // // // // // // 010612 sm 0100230 5 ¯~!0 8 The prevailing party in any ace_on brought to enforce the te_rms of this agreement may recover from the other party its reasonable costs and attorneys’ ~ees expended in connection with such an ac~io_~. IN WITNESS WHEREOF, the parties have executed this Agreement in Pa!o Alto, County of Santa Clara, California, on the date first above stated. "PALO ALTO""AGENCY" CITY OF P~_~O ALTO CITY OF AL~_MEDA ATTEST:ATTEST: City Clerk APPRO’v-ED AS TO FORM: Senior Asst. City Attorney APPROVED: City Attorney Assistant City Manager Chief information O~{cer Director of Actministrative Services Attachment: Exhibit "A":Scope o~ Services 010612 sm 0100230 6 Alameda Scope of Services IT Strate_~ic Plan and IT Disaster Plan. The IT strategic and disaster plan project is represented in three parts: Part I: $5,000 Assistance in preparing progress report to City Council on existing IT strateNc plan and with one ~oup meeting with stakeholders to create basis for IT strategic plan update. Part II: $30,000 Create IT strategic plan based on old IT strategic plan, new information from stakeholders, suggested updates and recommendations. This includes interviews with key decision makers in each department and representative power users from each department, with an estimate of two meetings per department. This part includes one rough draft, one revision cycle, and presentation of a final draft. The primary components of the iT strategic plan include: Overview of Current Technology Environment Identification of Technology Goals Identification of Technology Needs Implementation Plan Financial Plan Part 1II: $13,500 Create disaster plan, based on interview data from Part I~, network map and risk mediation. This part includes one rough draft, one revision cycle and a final draft. The primary components of the IT strategic plan include: Overview of Disaster Planning Categories of Disasters VulnerabilRies ~tigation Plan and Costs ATTACHMENT B AGREEMENT FOR INFORMATION TECB.qqOLOGY SERVICES BETWEEN THE CITY OF PALO ALTO .AND THE C!TY OF ~ERYV!LLE This Agreement for information Techno!ogy Services is made this day of ,, by and between the City of Pa!o Alto ("Pa!o Alto")and the City of Emeryvil!e ("Agency"). RECITALS k~IE_REAS, Palo Alto has tecb~o!ogy operation; and an established information WHEREAS, Agency has no current facilities or ability to provide those required information techno!o~y services, and has requested that Palo Alto provide information technology services within the jurisdiction of Agency, and for the citizens of Agency; and k~EREAS, Pa!o Alto has the capacity to provide such services to Agency as are hereinafter described, and is willing to do so; NOW, THEREFORE, in consideration o9 the covenants ue_ms and conditions, uhe parties agree: fol!owing SECTION !.Temm. The term of this Agreement shall be for two years commencing upon execution of this Agreement. Time is of the essence regarding the performance of this Agreement. SECTION 2.Termination by Either Party. A~_y party may terminate this agreement at any time, notice of intent to terminate. In any event of termination under this paragraph, Palo Alto shall be paid for all services performed unti! such termination. SECT!ON 3.Scope of Services. Pa!o ~]to shal! perform those services set ~o_uh in Exhibit "A", entitled "Scope of Services and Fee Schedule", attached hereto and incorporated herein by reference. 040504 sm 0100229 SECTION 4.Agency’s Obligations. 4.1 Agency shal! perform those obligations of Agency described in Exhibit "A". SECTION 5.Compensation. 5.1 During the first year of this Agreement, commencing upon execution of the Agreement, Agency agrees to pay Palo Alto the tota! amount of Ninety Five Thousand Five Hundred Do!lars ($95,500) for IT support services as described in Ex~_ibit "A", payable in twelve (12) equal monthly installments. During the second year of this Agreement, Agency agrees to pay Palo Alto the total amount of Eighty Nine Thousand Five Hundred Dollars ($89,500) for IT support services as described in Exhibit "A", payable in twelve (12) equal monthly in~ta!iments. The total contract amount for the two year term is One Hundred ~’ " ~"",~:ig_~ Five Tnousan@ Dollars ($185 000) as described in Ex_hibi t "~ " 5.2 it _is understood and agreed by the mar~_es_ ~{ that the co~ensation set forth in Paragraph 5.1 does not include after hours services, which shall be billed at the rates set forth in Ex!ibit "A" as applicable, with a one hour minimum including trave! time, nor does it include additiona! services ~r website maintenance or ons±~e tecb~_o!o~ consultation including IT helpdesk support services, onsite tecb~_ica! assistance, and onsite IT management exceeding thehours set forth in Ex~hibit "A" for such services.Such additional services shal! be billed in accordance with the ratesset forth in Exhibit "A" as applicable. Pa!o Alto may submit separate billing statements to Agency for such additiona! services, no more often than monthly, or may include the billing for such services on its monthly billing statements. 5.3 Paio Alto shal! submit billing statements to Agency no more often than monthly, and payment shall be due within forty-five (45) days from the invoice date. Payments shal! be sent to: Chief information Officer 250 Hamilton Avenue Palo s._no, CA 94301 ~_y pa]~ents not received on or before the date when pa~ent is due shal! accrue interest between the date when pa}~ent is due 040504 sm 0100229 2 and the date payment is received at the prevailing rate of return earned by Palo A!to’s investments during that period. 5.4 in the event of early termination of this agreement, in accordance with Section 2, Pa!o Alto shall bil! Agency for its work performed under this agreement in the final month during which such termination is effective. SECTION 6.Indemnification and Hold Harmless. Agency acknowledges that it desires provision of all services set forth in Section 3 and has requested that Pa!o Alto provide such services. Therefore, Agency expressly agrees to defend, indemnify and hold harmless Palo Alto, its officers, em_oloyees, and agents from any and al! demands, claims, liabilities, losses, charges, costs, or damages caused by or arising out of Pa!o A!to’s acts or omissions in the performance of this agreement. The foregoing indemnity shall not apply to claims arising from the unlawful acts (such as harassment or discrimination) of a City of Pa!o Alto emp!oyee. SECTION 7.Confidentiality. 7.1 The parties acknowledge that in the course of and as a consequence of this Agreement, they each may be exposed to or acquire information that is proprietary to or confidential to the other party or its contractors. The parties agree that they wil! each notify the other of any such proprietary or confidential information, and shall hold such information in strict confidence and shall not copy, reproduce, sel!, essigm_, license, market, transfer, give or otherwise disc!ose such information to third parties or use such information for any purposes whatsoever, without the exp_ress written permission the other party, other than for the provision of services under this Agreement. The parties agree to advise each of their emp!oyees, agents, and representatives of their obligations to keep such information confidential. All such confidential and _~ r,hereinafterorovided hereunae_ in whatever form, are collectively referred to as "Confidentia!~n~orma~ion.T = ~ ,. The_ parties shall use their reasonable efforts to assist each other in identifying and preventing any unauthorized use or disc!osure of any Confidential information. Without limitation of the foregoing, the parties shal! use reasonable efforts to advise each other immediately in the event that either learns or has reason to believe that any person who has had access to Confidentia! Information has violated or intends to violate the terms of this Agreement, and wil! reasonably cooperate in seeking relief against any such person. 040504 sm 0100229 3 7.2 Notwithstanding the obligations set forth in Section 7.1, the confidentiality obligations of the parties shal! not extend to information that: is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than receiving party; was known to the receiving party as of the time of its disclosure; or is independently developed by the receiving party; or is subsequently learned from a third party not under a confidentiality obligation to the providing party; or is re_quired to be disclosed pursuant to court order or government directive whereupon the receiving party shal! provide notice to the other party prior to such disc!osure. SECTION 8.No Warranty. No warranties, whether express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, are made by City and City makes no warranties with respect to hardware e_quipment or software or for the installation thereof, in no event wil! City be liable to Agency or any other party for any !oss, including time, money, goodwil! and conse~entia! damages, which may arise from the use, operation or modification of the work performed or product(s) produced under this Agreement by City. SECTION 9.Notices. All notices shal! be submitted, in writing, and sent by the United States mai!, certified and postage prepaid,~ by private express delivery service, by facsimile transmission followed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated be!ow or to any other address noticed in writing. PALO ALTO:City Clerk 250 Hamilton Avenue Pa!o Alto, CA 94301 with a copy to:-Chief ~nzormation Officer 250 Hamilton Avenue Palo Alto, CA 94301 AGENCY:City of Emers~-iiie 1333 Park Avenue Emer]~ville, California 94608 Attention: Pauline Marx Finance Director Ph: 510-596-4328 // 040504 sm0100229 SECTION !0. Miscellaneous. i0.! This Agreement shal! be governed by and construed in accordance with the laws of the state of California. Am.y changes resulting in program modifications shall be provided in writing by Palo Alto to Agency as soon as Legislative bodies enact any new or modified regulations. 10.2 This Agreement may be executed in any number of counterparts, each of which shall be an origina!, but all of which together shal! constitute one and the same instrument. 10.3 Pa!o Alto shall not be deemed in default on account of any delay or failure to perfo_~m any obligations in accordance with Agency laws, the laws of the State of California, the Pa!o Alto Municipal Code, and the terms of this Agreement, which directly results from an Act of God, including, without limitation; the act of a superior lega! authority or an occurrence of nature. _ ._~h_s Agreement and10 a The headings are not a part of ~ ~ shal! have no effect upon the construction or interpretation of any part of this Agreement. 10.5 This Agreement constitutes the entire agreement between the parties concerning its subject matter, and there are no other oral or written agreements between the parties not incorporated in this Agreement. 10.6 This Agreement shall not be modified, unless the parties f{rst agree to and approve of such modification in writing through a duly authorized amendment. 10.7 If a court of com_metent jurisdiction findsor rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shal! remain in effect. // // // // // // 040504 sm 0100229 5 10.8 The prevailing party in any action brought to enforce the te_rms of this agreement may recover from the other party its reasonable costs and attorneys’ fees expended in connection with such an action. IN WITNESS k~EREOF, the parties have executed this Agreement in Palo Alto, County of Santa Clara, California on the date first above stated. "PALO ALTO",,AGENCY~ CITY OF PALO ALTO CITY OF EMERYViLLE Mayor ATTEST : City Manager City Clerk APPROVED AS TO FOPS:APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Attorney Assistant City Manager Chief ±nzormation Officer Director of Administrative Services Attachment: E~_ibit "A":Scope of Services and Fee Schedule 040504 sm 0100229 6 Proposed EX~i"BIT "A" - SCOPE OF SERVICES BudgeffPricing (revised 2/12/04; 4/i/04) Year Year 2 (Estimate IT Help Desk Support Services 8AM - 5PM, M-F User Support - Ongoing -Email and telephone support (toll free) -Remote control of desktop Starmp Costs - One-time SLA preparation: establish service level agreements between Emeryville IT and departments Onsite setup of remote tools $17,500 $6,000 $17,500 Emeryville Technician Support Escaiated emai] ........... nnrt t~lephane auDnort.~ far___ Emeryville IT support technicians -Troubleshooting and assistance with network issues -Based on 4 hours per month (excess hours will be billed as ~ additiona! service) $5,000 $5,000 Remote Routine Maintenance 8;~M - 5PM, M-F Maintain Microsoft server update schedule Backup administration Remote connection administration Exchange administration Virus protection administration Firewall administration NT account admini strafi on Maintenance of secure remote connections included $tl,000 $!1,000 Onsite Technical Assistance Onsite technical assistance based on 20 days per year (excess hours wil! be billed as an additional service) Support for proposed projects: Server replacement Exchange server upgrade Outlook web access Wireless networking evaluation at remote faciIities Connections to remote facilities $16,000 $16,000 Management l~oo~A on 0"7(] hnnre aver l 9 months {{ banff/Week" excess hours wil! be billed as an additional service) Establish Priority of IT projects with 1-2 },ear project road map, and top 5 project maps Meet with each team member and establish personal and deveIopment plan for each IT staff $40,000 $40,000 Total EXHIBIT "A" - SCOPE OF SER¥TCES member -Reorganize task assig-nments and roles for IT staff -Provide tracking and reporting process for Finance Director Provide statistical reporting on helpdesk call volume -Establish and Implement PC replacement schedule -Establish and Implement Network and Server equipment replacement schedule Develop and publish remote maintenance deliverables and procedures Develop and implement process for Verifying and allocating telephone charges to city departments $95,500 $89,500 Notes For Heipdesk sen,ices the rate will be fixed for first 12 months, and adjusted up or down based on ca!! amva] rate a~d actual hours spent in previous !2. months. Tota! escalation of price capped at 20% of yearly estimate. Total "reduction" will be no more than 20% of current estimate. Proposal does not include support for Police Department customer and networking environments. ¯Our Help Desk quote includes all LD costs for inbound calls from Emeryville and for outbound calls to users in Emeryville. These costs are included in our price. Proposal includes ]icensin~ costs for remote connection " ~ ~~equ]pm~.m and software (]P_ foxy by Funk Software and Linux based secure. ~,,~N,.onn,.~r~onjo o~.’ ~ Additional services available on demand Website Maintenance @$80 per hour Onsite technical support @ $100 per hour (Including escalated IT Helpdesk support sen, ices exceeding 4 hours per month, onsite technica! assistance exceeding 20 hours per year, and onsite ~ management services exceeding 270 hours in a 12 month period.) After hours onsite technology support @$150 per hour business hours. Work can be done during non-business hours, for emergency outages, etc: and those rate will be quoted separately. Generally the?; are in the $150 per hour range, and include trave! time.