HomeMy WebLinkAbout2002-06-24 City Council (9)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
5
DATE:JUNE 24, 2002 CMR: 276:02
SUBJECT:AGREEMENTS BETWEEN THE CITY OF PALO ALTO AND THE
CITIES OF EAST PALO ALTO, LOS ALTOS, AND LOS ALTOS
HILLS FOR INFORMATION TECHNOLOGY SERVICES
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached agreements to provide
information technology (IT) services to the cities of East Palo Alto, Los Altos, and
the town of Los Altos Hills.
Authorize the City Manager or his designee to negotiate and execute one. or more
change orders to the agreements with the cities of East Palo Alto, Los Altos, and
the town of Los Altos Hills.
Authorize the City Manager or his designee to extend the agreements for up to two
additional years.
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 local governments for the provision of
information technology services.
In June 2001 (CMR:287:01), Council approved contracts between the City of Palo Alto
and the cities of East Palo Alto and Los Altos. for IT services, which included on-site
support, IT strategic planning, and web design and maintenance. The term for each
contract ends on July 1, 2002. Due to the success of these contracts, each city is
interested in continuing to receive IT services from the City of Palo Alto ITSP program.
At the start of the ITSP program, staff expected that additional cities would be interested
in IT services. In February 2002, staff began discussions with the town of Los Altos
CMR: 276:02 Page 1 of 3
Hills for the provision of IT services after they expressed interest in receiving the
services.
DISCUSSION
Staff recommends entering into agreements to provide IT services to the cities of East
Palo Alto, Los Altos, and the town of Los Altos Hills. The proposed agreements with the
City of East Palo Alto and the City of Los Altos are for a three-year term with the option
to renew each year. The proposed agreement with the town of Los Altos Hills is for a
one-year term with the. option to renew after one year.
-The agreement with the City Of East Palo Alto provides IT consulting services and web
services, to be billed on an hourly basis. IT help desk and on-site support services are
provided to the City of East Palo Alto at an annual charge of $113,000.
The agreement with the City of Los Altos provides IT helpdesk and on:site support
services at an annual cost of $137,000. In addition, the contract provides for maintenance
of the City of Los Altos website to be billed on an hourly basis.
Los Altos Hills will receive IT help desk, on-site, and IT strategic planning services in
the annual amount of $26,500.. These contracts are considerably smaller in scope since
the organizations have fewer staff and less IT needs. Therefore, the billable cost for these
contracts is lower than other ITSP contracts. Both contracts allow for time to be charged
on an hourly basis should additional resources be required for special projects.
RESOURCE IMPACT
Funds and staffing for these agreements are available in the City of Palo Alto 2002-03
External Services Proposed 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.
ATTACHMENTS
Attachment A: Agreement for Information Technology Services between the City of Palo
Alto and the City of East Palo Alto
Attachment B: Agreement for Information Technology Services between the City of Palo
Alto and the City of Los Altos
Attachment C: Agreement for Information Technology Services between the City of Palo
Alto and the town of Los Altos Hills
CMR: 276:02 Page 2 of 3
PREPARED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
DAVID RAMBERG
IT MANAGER
Directq~, Administrative Services
EMILY HARRISON
Assistant City Manager
CMR: 276:02 Page 3 of 3
ATTACHMENT A
AGREEMENT FOR INF6RMATION TECHNOLOGY SERVICES
BETWEEN THE CITY OF PALO ALTO AND
THE CITY OF EAST PALO ALTO
This Agreement for .Information Technology Services is
made this day of , 2002, by and between the City
of Palo Alto ("Palo Alto") and the City of East Palo Alto
("Agency").
RECITALS
WHEREAS, Palo Alto has
technology operation; and
an-established information
WHEREAS, Agencyhas no current facilities or ability
to provide those required 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, Palo Alto has the capacity to provide such
services to Agency as are hereinafter described, and is willing
to do so;
’NOW, THEREFORE, in consideration of the fqllowing
covenants, terms, and conditions, the parties agree:
SECTION i.Term.
The term of this Agreement shall b~ for one year
commencing July i, 2002 and shall expire on June 30, 2003 unless
both parties mutually agree in writing to extend the term of the
agreement for an additional year. This agreement may be extended
for two additional one year periods.
SECTION 2.Termination by Either Party.
Any: party may terminate this agreement at any time,
with or without cause, by providing thirty (30) days written
notice of intent to terminate. In any event of termination
under this pa[agraph, Palo Alto shall be paid for all services
performed until such termination.
SECTION 3..Scope of Services.
Palo Alto shall perform those services set forth in
Exhibit "A", entitled "Scope of Services", attached hereto and
incorporated herein by reference.
SECTION 4.Agency’s Obligations.
4.1 Agency shall perform those obligations of Agency
described in Exhibit "A"
SECTION5.Compensation.
Agency agrees to pay Palo Alto for IT Support.
Services, including onsite technician support as described on
Exhibit "B" at the annual rate of One Hundred Thirteen Thousand
dollars ($i13,000), payable in twelve (12) . equal monthly
installments. Agency agrees to pay Palo Alto for IT consulting
services at the -hourly rates set forth in Exhibit "B" and as
provided in paragraph 5..4. Any additional services shall be
billed ~to Agency at the rates set forth in Exhibit "B-I,. The
amount for all services ¯shall not exceed the highest one (i)
year estimateper servici as.set...forth in Exhibit "B-I."
5.2 :If this contract is extended by the parties
pursuant to SectiOn I, the compensation rate paid to Palo Alto
shall be Palo Alto’s rates-as set forth in Exhibit "B" adjusted
by an amount not to exceed the change in ConsumerPrice Index
for all urban consumers(San Francisco-Oakland-San Jose, CA).
5.3 It is understood and agreed by the parties, that
the compensation described in Paragraph 5.1 does not include
after hours priority on-call services or on site Technician
Services after 21 hours per. week w~ich shall be billed at Eighty
dollars ($80)¯ per hour, with a one hour minimum. It is also
understood .and agreed by the parties that compensation in
Paragraph 5.1 does not include extra consulting services not
included within the services described .in Exhibit "A", which
shall be .billed in accordance with the rates set forth in
Exhibit "B".
Palo Alto shall submit billing statements to Agency no more
often than monthly, and payment shall be due within thirty (30)
days from.the invoice date. Payments shall be sent to:
Chief Information Officer
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Any 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, earn@d by Palo Alto’s investments during that period.
//.
//
020603 Ih 0053045 ~
5.4 In the event of early termination of this
agreement, in accordance with Section 2, Palo 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 acknowledges that its citizenry desires
pgovision of all services set forth in Section 3, but that it
has no present ability to provide those servic.es and has
requested that Palo Alto provide such services. Therefore,
Agency expressly agrees to defend, indemnify and hold harmless
Palo Alto, its officers, .employees, and.agents from any and all
demands, claims, liabilities, losses, charges, costs, or damages
Caused by or arising out. of Palo Alto’s acts or omissions in the
performance of’this agreement.
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
will each notify the" other of any such proprietary or
confidential information, and shall hold such information in
strict confidence and shall not copy, reproduce, sell, assign,
license, market, transfer, give or otherwise disclose such
information to third pa.rties or use such information for any
purposes whatsoever, wi:thout the express .written permission of
the other party, other than for the provision of services under
this Agreement. The parties agree to advise each of their
employees, agents,, and representatives of ~heir obligations to
keep such information confidential. All such confidential and
proprietary information described, herein and any deliverable
provided hereunder, in whatever form, are hereinafter
collectively referred to as "Confidential Information." The
parties shall use their reasonable efforts to assist each other
in identifying and preventing any unauthorized use or disclosure
of any Confidential Information. Without limitation of the
foregoing, the parties shall 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
Confidential Information has violated or intends to violate the
terms of this Agreement, and will reasonably cooperate in
seeking relief against any such person.
7.2 Notwithstanding the obligations set forth in
Section 7.1, the confidentiality obligations of the parties
shall not extend to information that: is, as of the time of its
020603 lh 0053045 3 ,
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; ~ris
independently developed by the receiving party.; or is
subsequently learned from a third party not under a
confidentiality obligation to the providing party; oris
required to be disclosed pursuant to court order or government
whereupon the receiving party .shall provide notice to the .other
party prior to such disclosure.
SECTION 8.No Warranty.
No warranties, whether express or implied, including,
without limitation, the implied warranties of merchantability
and fitness for a particular purpgse, are made by City and City
makes no warranties with respect to hardware equipment or
software or for the installation thereof. In no event will City
be liable to Agency or any other party for any loss, including
time, money, goodwill and consequential damages, which may arise
from the:use, operation Or modification of the work performed or
product(s) produced under thisAgreement by City.
SECTION 9.Notices..
All notices, shall be submitted, in writing, and sent
by the United States mail, 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 below
or to any other addreSs/noticed in writing.
PALO ALTO:City Clerk
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
with a copy to:Chief Information Officer
City of Palo Alto
250 Hamilton Avenue
Palo. Alto, CA 94301
AGENCY:
SECTION i0.
City Manager
City of East Palo Alto
2415 E. University Avenue
East Palo Alto, CA 94303
Miscellaneous.
i0.I This Agreement shall be governed .by and construed
in accordance with the laws of the state of- California. Any
020603 lh 0053045 4
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 original, but all of
which together shall constitute one and the same instrument.
10.3 Palo Alto shall not be deemed in default on
account of any delay or failure to perform any obligations in
accordance with Agency laws, the laws of the State of
California, the Palo 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 legal authority or an
occurrence of nature.
10.4 The headings are not a part of this Agreement a~d
shall have no effect upon the construction or interpretation.of
any part of this Agreemgnt.
10.5 This Agreement constitutes the entire agreement
betweenthe parties concerning its subject matter, and there are
no other oral or.written agreements between the parties not
incorporated.lin 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 .competent jurisdiction findsor
rules that any provision of this Agreement is void or
unenforceable, the unaffected provisions of-this Agreement shall
remain in effect.
10.8 The prevailing party in any action brought to
enforce the terms of this agreement may recover from the other
party its reasonable costs and attorneys’fees expended in
connection with such an action.
//
//
//
//
//
//
020603 lh 0053045
IN WITNESS .WHEREOF, the parties have executed this
Agreement in Palo Alto, County of Santa Clar@, CAlifornia, on
the date first above stated.
"PALO ALTO""AGENCY"
CITY OF PALO ALTO CITY OF EAST PALO ALTO
Mayor Mayor
ATTEST:ATTEST:
City Clerk
APPROVED AS TO FORM:
City Clerk.
APPROVED AS TO FORM:
City Attorney
APPROVED:
City Attorney
Assistant City Manager
Interim Chief Information Officer
Director of
Administrative Services
Attachment:
Exhibit "A’’° Scope of Services
Exhibit "B": Fee Summary Sheet
Exhibit "B-I".: Additional Services
020603 |h 0053045
Exhibit A
SCOPE OF SERVICES
Palo Alto shall provide information technology services to the City of East Paio Alto ("Agency"), as
hereinafter set forth. The services to be provided are described as Help Desk Services and On-
Site Support Services.
Help Desk Services. Palo Alto shall provide Help Desk Services to cover the
Agency, as follows:
3
Palo Alto shall provide IT help desk coverage, Monday through Friday,
between the hours of 8:00 a.m. and 5:00 p.m.
Palo Alto shall provide a single contact number for all help desk related
requests.
Palo Alto shall provide to Agency quarterly reports of all help desk
requests for needs and trends analysis. ... ~
on-site Support Services. Palo Alto shall provide On-Site Support Services to
the Police:Department of the Agency as follows: ’
For theinitial 2 weeks of this agreement Palo Alto shall schedule an IT
TechnologiSt.to provide on-site support and coverage, on a "request for
service" basiS,. Monday through Friday, between the hours of 8:00 a.m.
and 5:00 p..m.
After 2 weeks Paio Alto shall schedule an IT Technologist to provide on-
site support and coverage, on a "request for service" basis, Monday
through Friday, between the hours of 8:00 a.m. and 12:00 p.m.
After 2 weeks Palo Alto shall provide on-site support between the hours
of 8:00 a.m. and 12:00 p.m., on an on-call basis between the hours of
i2:00 p.m. and 5:00 plm. at the regular hourly rate. After hours support
shall be billed at an "after hours" rate after 5:00 p.m. and before 8 a.m.
Personne!. Palo Alto shall provide the necessary Information Technology
personnel to .service Agency as set out in Section 1 and2 of Exhibit "A".
Information Technology personnel are employees of Palo Alto. Agency agrees to
not hire or attempt to hire these Information Technology personnel.
Facilities. Agency &hall provide on.site office space as necessary for Information
Technology personnel to service Agency as set out in Section 1 and 2 of Exhibit
Equipment. Palo Alto shall provide its staff use of a vehicle and ~ersonal office
equipment as needed.
Contact:
Address:
Sandy Salerno
Acting City Manager
City of East Palo Alto
Municipal Center
2415 University Avenue
East Palo Alto, CA 94303
Contact:David Ramberg
IT Manager,
External Services
Phone:650-329-2634
Date:July 2002
IT Consulting Services
IT Strat6gic Planning Services
Technology¯ Consulting Servk~es
iT Project Management Services
7:30am-5:30pm
7:30am-5:30pm
7:30am~5:30pm
¯$69/hr "
$69/hr
$69/hr
Web Services
Website Design Services
Website Support and Maintenance
After.Hours/On-call Support
7:30am-5:30pm
7:30am-5:30pm -
5:30pm-7:30am
$63/hr
$63/hr
$84/hr (lhr minimum)
IT Support Services
Help Desk
On-Site Technician (2 weeks @ 40 hours per
week) Request for Service
On-Site Technician. (50 weeks @ 20 hours
per week)
Request for Service basis
On-Call basis
8am-5pm
8am-5pm
8am-12pm
12pm-5pm
$45,500$2,500
$113,000
After Hours On-call 5pm-8am -$80/hr (lhr minimum)
On-Site Technician (50 months @ 21 and
above hours per week)
Request for Service basis
On-Call basis
8am-12pm
12pm-5pm
$80/hr(lhr minimum)
At21 and above hours
per week
Exhibit B-1
IT Cost Estimates
for the City of East Palo Alto
Police Department technology consulting andPD IT Strategic Plan implementation
Estimated hours:520 -- 1040 per year
Estimated timeline:2 years
Estimated cost:$71,760 -- $143,520 2 year total
$35,880 --" $71,760 per year
Deliverables:Implementation of PD IT Strategic Plan recommendations
Police Department onsite support
Estimated hours:
Estimated timeline:
Estimated cost:
Deliverables:
1080 per year
2 years
$226,000 2 year total
$113,000 per year
Daily help desk and onsite support provided to the Police Departme
Total 2-year Police Department Costs
Per Year Police Department Costs
.$297,760 --$369,520
$148,880 --$184 760
Consulting assistance for the HP "Digital Village" grant
Estimated hours:12-24 hrs/month (144-288 hrs/yr)
Estimated timeline:2 years
Estimated cost:$19,872 -- $39,744 2 year total
$9,936 -- $19,872 per year
Deliverables:Aiignment of HP Digital Village initiative with EPA IT Strategic Plan
Citywide IT Strategic Plan implementation
Estimated hours:832 --1144 peryear
Estimated timeline:2 years
Estimated cost: $134,800-137,400 $114,816 --$157,872 2 yeartotal
$57,408 -- $78,936 per year
Deliverables: -.Implementation of Citywide IT Strategic Plan recommendations
Citywide onsite support
Estimated hours:
Estimated timeline:
Estimated cost:
Deliverables:
240 -- 360 per year (20-30 hours per month)
2 years
$33,600 -- $50,400 2 year total
$16,800 -- $25,200 per year
Daily help desk and onsite support provided to the city organization
Web site maintenance
Estimated hours:
Estimated timeline:
Estimated cost:
Deliverables:
50 -- 100 hours per month (600 - 1200 per year)
2 years
$75,600 --$151,200 2yeartotal
$37,800 --$75,600 per year
Up-to-date Web site
Total 2-year Non-PD Cost Estimate $243,888 -- $399,216
Non-PD Per Year Cost $121,944 -- $200,000
Overal Contract Cost Per Year (PD + Non- $270,824 -- $384,760
ATTACHMENT B
AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES
BETWEEN THE CITY OF PALO ALTO AND
THE CITY OF ~LOS ALTOS
This Agreement for Inf.ormation Technology Se.rvices is
made th±s day of , 2002, by and between the City
of Palo Alto (~Palo Alto") and the-City of Los Altos .("Agency").
RECITALS
WHEREAS, .Palo Alto has
technolmgy operation; and
an established information
WHEREAS, Agency has .no current facilities or ability
to provide those required information technology services, and
has requested that PaSo Alto provide information technology
services within the jurisdiction of Agency, and for the citizens
of Agency; and
WHEREAS, Palo Alto has the capacity to provide such
services to Agency as are hereinafter described, and is willing
to do so;
NOW, THEREFORE, in consideration of the
covenants, terms, and conditions, the parties agree:
following
SECTION I.Term.
The term of this Agreement shall be for one year
commencing July I, 2002 and shall expire on June 30, 2003 unless
both parties mutually agree in. writing to extend the term of the
agreement for an additional year. This agreement may be
extended for two additional one-year periods.
SECTION 2.Termination by Either Party.
Either party may terminate this agreement at any time,
with or without cause, by providing thirty (30) days written
notice of .intent to terminate. In any event of termination
under this paragraph, Palo Alto shall be paid for all services
performed until such termination.
SECTION 3.Scope of Services.
Palo Alto shall perform those services set forth in
Exhibit "~’, entitled ~Scope of Services"~ and as further
020614 lh 0053049
described in Exhibit "A I" both of which are att’ached hereto
and incorporated herein by reference.
SECTION 4.Agency’s Obligations.
Agency shall perform those obiigations
described in. Exhibit "A" and Exhibit "A-I."
SECTION 5.Compensation.
of Agency
5..1 Agency agrees to pay Palo Alto the total amount
of One Hundred Thirty-Seven Thousand Dollars ($137,000) for
Helpdesk and. Onsite Support Services (~Basic Rate") as described
on Exhibit ~’~’. Paymen~s shall be made ±n four equal quarterly
payments, and are du~ and payable on or before July I, 2002,
October i, 2002, Januaryl I~ 2003 and April i, 2003..
5.2 If this contract is extended by the parties
pursuan~ to Section I above, the compensation rate paid to Palo
Alto shall~be, the rate charged for the previous year for service
plus an amount not to exceed the Change in Consumer Price Index
for all urban consumers (San Francisco-Oakland-San Jose, CA).
5..3 Palo Alto shall submit quarterly billing
statements.to Agency, as a courtesy reminder/ but inadvertent
failure or lateness of such billing shall not alter Agency’s
obligation to make any payment designated above.
5.4 It is understood and agreed by the parties that
the compensation described in Paragraph 5.1 does not include
after hours priority on-call services, which shal! be billed at
the rates set forth in Exhibit "B~, with a one hour minimum, nor
does it include additional consultant staffing services not
included within the services described in Exhibits "A" and "A-
i". Such additional consultant staffing services shall be
billed in achordan~e with the rates set forth in Exhibit "B",
which is attached hereto and incorporated herein’ by reference.
Palo Alto may submit separate billing statements to Agency for
such additional services, no more often than monthly, or may
include the billing for such services on its quarterlY billing
statements.
Payments shall be sent to:
Chief Information Officer
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301.
020614 lh 0053049 2
Any 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 Palo Alto’s investments durlng that period.
5.5 The parties may amend this agreement to include
additional services, -such as, but not limited to, website
design, at mutually agreeable rates.
5.6 In the event of early termination of this
agreement, in accordance with Section 2, Palo 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 acknowledges that its citizenry desires
provision of all services set forth in Section 3, but that it
has no pre~ent ability to provide those services and has
requested that Palo Alto provide such services. Therefore,
Agency expressly agrees to defend,indemnify and hold harmless
Palo Alto, its offlcers, emp!oyees,and agents from any and all
demands, claims, liabilities, losses, charges, costs, or damages
caused by or arising out of Palo Alto’s acts or omissions in the
performance of this agreement, with the exception of Palo Alto’s
sole negligence or intentional misconduct.
SECTION 7.Confidentiality.
:¯ 7¯.I The parties acknowledge that i~ 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
will each notify the other ¯ of any such proprietary or
¯ confidential information, and . shall hold such information in
strict confidence° and shall not copy, reproduce, sell, 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 permission of
the other party, other than for the provision of services under
this Agreement.. The parties agree to advise each of their
employees, agents, and representatives of their obligations to
keep such information confidential. All such confidential and
proprietary information described herein and any deliverable
provided hereunder, ~in whatever form, are hereinafter
collectively referred to as "Confidential Information." The
parties shall use their reasonable efforts to assist each other
in identifying and preventing any unauthorized use or disclosure
of any Confidential Information. Without limitation of the
020614 lh 0053049
foregoing, the parties shall 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
Confidential Information has violated or intends to violate the
terms of this Agreement, and will reasonably cooperate in
seeking relief against any such person.
7.2 Notwithstanding the obligations set forth in
Section 7.1, the confidentiality obligations of the parties
shall 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 discios~re; or is
independently developed by the receiving party; or
subsequently learned from a third party not under a
confidentiality obligation to the providing party; or is
required to be disclosed pursuant to court order or government
decree whereupon the receiving party shall provide notice to the
other party prior-to such disclosure.
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 equipment or
software or for the installation thereof. In no event will City
be liable to Agency or any other party for any loss, including
time, money, goodwill and consequential damages, which-may arise
from the use, operation or modification of the work performed of
produCt s) produced under this Agreement by City.
SECTION 9.Notices.
All notices shall be submitted, in writing, and sent
by the United States ia<l, certified and postage prepaid, by
private express delivery service, by facsimile transmission
followed by delivery of hard ~opy, o~ 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
City of Palo Alto
250 Hamilton-Avenue
.Palo Alto, CA 94301
020614 lh 0053049 4 " .
with a copy to:Chief Information Officer
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
AGENCY:City Manager
City of East Palo Alto
One N. San Antonio Road
Los Altos, CA 94022
SECTION I0. Miscellaneous.
’ I0.I This Agreement shall be governed by and construed
in accordance with the laws of the state of California. Any
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 o.f whi~ch shall be an original, but all of
which together shal! constitute one and the same instrument.
10.3 Palo Alto shall not be deemed in default on
account of any delay or failure to perform any obligations in
¯ accordance with Agency laws, the laws of the State of
California, the Palo 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 legal authority or an
occurrence of nature;
10.4 The headings are not a part of this Agreement and
Shall 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 first agree to and approve of such modification in
writing through a duly authorized amendment.
10.7 If a court of competent jurisdiction finds or
rules that any provision Of this Agreement is void or
unenforceable, the unaffected provisions of this Agreement shall
remain in effect.
020614 lh 0053049
10.8 The prevailing party in any action, brought to
enforce the terms of this agreement may recover from the other
party its reasonable costs and attorneys’ fees expended in
connection with such an action.
IN WITNESS WHEREOF, the .parties have executed this
Agreement in Palo Alto,, County of Santa Clara, California, on
the date firstabove stated.
"PALO ALTO"AGENCY"
CITY OF PALO ALTO CITY OF LOS ALTOS
Mayor
ATTEST:
Mayor
ATTEST:
City Cler’k
APPROVED AS TO FORM:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
City Attorney
Assistant City Manager
Chief Information Officer
Director
Administrative Services
Attachment:
Exhibit "A": Scope of Services
Exhibit "A-I": Service Level Agreement
Exhibit "B": Additional Consultant Staffing Services
020614 lh 0053049 6
EXHIBIT "A"
SCOPE OF SERVICES
"Basic Services"
Palo Alto shall provide information technology services to the City of Los Altos""A[ gency"’), as
hereinafter set forth. The services to be provided are described as Help Desk Services and On-
Site Support Services. -
Help Desk Services. Palo Alto shall provide Help Desk Services to cover the .
Agency, as follows:
Do
Palo Alto shall provide IT help desk coverage, Monday through Friday,
between the hours of 8:00 a.m. and 5:00 p.m.
Palo Alto shall provide a single contact numbe~ for all help desk related
requests.
Palo Alto shall provide to Agency quarterly reports of all help desk
requests for needs and trends analysis.
On-Site Support Services. Palo Alto shall provide On-Site Support Services as
fQIIows
Palo Alto shall schedule an IT Technologist.to provide on site support
and coverage, on a "request for service" basis, Monday through Friday,
.between the hours of 10:00 a.m. and 2:00 p.m
b.On-Site support between the hours of 2:00 p.m. and 10 a.m., shall be
provided on an on-call basis at a normal hourly rate between the hours of
8 a.m. and 10 alm. and between the hours of 2:00 p.m. and 5 p.m. After
hours support after 5:00. p.m. and 8 a.m. shall be billed at an "after
. o rs" rate " set forth "n ~x lblt" " "B" ........................ .._. -,................... ~~_a~_~,~. x .hi bi~_" B ". .......................................................
Personnel. Palo Alto shall provide the necessary Information Technology
personnel to service Agency as set out in Section 1 and 2 of this Exhibit "A".
Information Technology personnel are employees of Palo Alto. Agency agrees to
not hire or attempt to hire these Information Technology personnel.
Facilities. Agency shall provide on-site office space as necessary for Information
Technology personnel to service Agency as set out in Section 1 and 2 of ihis
Exhib.it "A".
Equipment. Palo Alto shall provide its staff use of a vehicle and personal office
equipment as needed.
INFORMATION TECHNOLOGY SERVICE PROVIDER
Service LevelAgreement
CITY OF PALO ALTO
Information Technology Service Provider
Information Technology Service Provider
City of Palo Alto
250 Hamilton Ave.
. Phone 650-329-2323 ¯ Fax 650-617-3109
The Purpose ~f this Service Level Agreements (SLAs) is to provide a methodology for introducing and
implementing reasonable expectations for the City. of Los Altos and the City of Palo Alto’s Information
Technology Service Provider (ITSP) team. Service Level Agreements. also allow for two-way
accountability and mutually agreed upon service levels, Most importantly, SLAs are used toprovide an
opportunity to improve the environment, service, and business relationships.
This is an agreement between ITSP andthe City of Los Altos. This document describes all services .that are ¯
currently being provided to the City. Included are the service descriptions, ITSP responsibilities, and
customer responsibilities.
It will be Policy to examine .the attributes of the first draft of the SLA in one month. At this time,
modifications_to the SLA can be made and implemented. After this time, the SLA will be reviewed and
modified on an annual basisl
It is.required, that all service levels are negotiated and documented.
Service Level Agreement pg 1
Customdr(s) :
City of Los Altos Staff
Locations:
Civic Center, One North San Antonio Road
Police Department, One North San Antonio Road
Municipal Service Center, 707 Fremont Ave.
Recreation, 97 Hillview Ave.
City of Palo Alto ITSP Contact Information:
David Ramberg Phone: 650-329-2634
Citv of Los Alto Contact Information:
Phil Rose Phone: 650-948-1491 x 213
Help Desk Business Hours:
8:00am-5:00pm
On-site Support Hours;
10:00am-2:00pm
After Hours Priority 1 Support:
Support provided via: On-call Pager (408-994-8799)
Method for Requesting Services:
¯Requests are made via phone (650-329-2323)
¯Requests are made via e-mail (helpdesk@ci.los-altos.ca.us)
Service Tracking and Reporting Procedures:
¯All requests are logged into a tracking system
¯Request is completed by the Help Desk, On-Site Support Technician, or escalated to vendor
¯Resolution follow up will be conducted by the On-Site Support Technician
¯Quarterly reports to be submitted to all SLA contacts
Service Level Agreement Period:
7/01/02 - 7/01/03
Service Level Agreement pg 2
Environments Included:
Standard Networking Enterprise
Equipment:Equipment:Systems:
¯Computers ¯Servers ¯Email
¯Monitors o Routers ¯Application
¯Printers ¯-Hubs Servers
¯Scanners ¯Switches ¯Interact
Applications:
° (See Addendum A)
MS Office Suite
Products and Services Provided:
¯ . Install, configure, and troubleshoot the abovelisted standard equipment, networking equipment,
enterprise systems, and applications. *(Note, only City of Los Altos equipment is covered under the
Service Level Agreement. Staff’s personal equipment will not be serviced.)
¯Document and record all technical requests
¯Document all operational procedures (IT equipment i.e. naming conventions,, back up procedures,
installation and configuration of computers and printers)
¯Performroutine backups of all servers
¯Provide 1st level troubleshooting and suppo~ for all departmental specific applications as referred to
in Addendum A -
Provide after hdurs support for priority i/emergency requests
Customer Responsibilities:
¯All requests must be submitted to 650.329.2323 or emailed to helpdesk@ci.los-altos.ca.us
¯Provide contact name, extension, department/division name, and location
¯Provide a clear description of the. problem including: number of people and/or equipment affected
¯Determine with support staff the severity and priority.of the situation
¯Provide indi~,idual to be contacted and/or an alternate with telephone number if requestor is
unavailable
¯Provide access to the work location if required
¯Provide 2 weeks notice for all forecasted requests and projects requiring more that 1 full day ofwork
¯Provide 2 weeks notice for all adds, moves, and changes
¯Provide maintenance contract documentation for all.hardware equipment and applications
City of Palo Alto Responsibilities:
¯Log all requests into tracking system
¯Determine with the customer the severity of the situation
¯Understand maintenance contracts and terms
¯Provide request acknowledgement
~Ensure escalation tO vendors are propedy transferred with notification to customer
¯Provide folJbw up to all requests
¯Conduct Semi-annual Customer Satisfaction Surveys
Service Level Agreement
Priority l/Emergency- Sevdre problem resulting in complete work stoppage for a large number of customers (10 or more)
Or, complete loss of service to a location, Complete loss of a critical application or server that impacts a large number of
customers.
Response:20 minutes during prime hours (M-F 8AM - 5PM)
30 minutes off-hours, holidays and weekends
Onsite response (if needed) within 1 hour
Resolution:2-8 hour resolution time (pending vendor escalation)
Update:Hourly or as scheduled with customer
Priority i/Emergency Equipment/Al~plications:
CAD/CJIC Connectivity/SLETS CLETS Connectivity/RMS/IFAS
Priority 2/High - Loss of non-critical application or service, partial loss of service to a location. Application or
service is available but in a degraded mode. Work around i~ feasible or loss of.service for short time is acceptable.
Impacts a small group or complete work stoppage for an individual.
Response:
Resoldtion:
Update:
1-2 hours during prime hours (M-F 8AM - 5PM)
1 day
Hourly oras scheduled.with customer
Priority 2/High Equipment/Applications:
Exchange (internal and external)/Building Permits/ADP/MDCs
Priority 3/Medium- Moderate business impact; issues have affected customer productivity. Work around may
erast or problem is for non-business-critical task.
Priority 4/Low - Limited
Response:
Resolution:
Update:
Service Level Agreement
4-8 hours
3 business days
Customer is notified when complete
Priority 3/Medium Eq,uipment/Applications/Requests:
GIS/Business Licenses/Internet Connectivity/Web site availability
Request for routine service, password or terminal reset, printing problems, assistance of
deskt0p applications, hardware, or peripherals.
business impact. Request can be scheduled.
Response:
Resolution:
Update:
1 business day
5 business days
Customer is notified when complete
-Priority 4/Low Equipment/Applications/Requests:
Muni MetricsiTRAK/Meagan’s Law/
Request for program enhancement or modifications, account add/change/delete,
installation of desktop hardware or software, preventative maintenance.
Note - all priorities are subject to Change pending agreement between City of Palo Alto and ctistomer.
Customer must confirm the priority level needed on all requests.
pg 4 .
Yuo!.~o!lddV
E -9° ._oE~-~
tjt~n
~o
ill
2) 0.0.
,~. =~ ~
tO C),m ,*,
o=
EXHIBIT "B"
Additional Consultant Staffing Services
Contact:
Address:
Phil Rose
City Manager
City of Los Altos
One N. San Antonio Road
Los.Altos, CA 94022
Technologist
¯ St. Technologist
IT Manager/Project Management
Ctiief Information Officer
After Hours
Technologist
Sr. Technologist
IT Manager/Project Manager
Chief Informatior Officer
Contact:
Phone:
Date:
8am-5p~
8am-5pm
8am-5pm
8am-5pm
5pm-8am
5pm-8am
5pm-8am "
5pm-8am
David Ramberg
IT Manager,
External Services
650-329-2634
July 2002
$60/hr
$65/hr
$85/hr
$110/hr
$84/hr
$89/hr
$116/hr
$142/hr
ATTACHMENT C
AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES
BETWEEN THE CITY OF PALO ALTO AND
THE TOWN OF LOS ALTOS HILLS
This Agreement for Information Technology~ Services is
made this day of , 2002, by and between the City
of Palo Alto ("Palo Alto") and the Town of Los Altos Hills
(~Agency").
RECITALS
WHEREAS, Palo Alto has an established information
techno!ogy operation; and
WHEREAS, Agency has no current facilities or ability
to provide those required information technology services, and
has requested that Pal0 Alto provide information technology
services within the jurisdiction of Agency, and for the citizens
of Agency; and
WHEREAS, Palo Alto has the capacity to provide such
services to Agency as are hereinafter described, and is willing
to do so;
NOW, THEREFORE, in consideration of the following
covenants, terms, and conditions, the parties agree:
SECTION I.Term.
The term of this Agreement shall be for one year
commencing. July I, 2002 and shall expire on June 30, 2003 unless
both parties mutually agree in writing to extend:the term of the
agreement for an additional year. This agreement may be extended
for an additional one year period.
SECTION 2.Termination by Either Party.
Either party may terminate this agreement at any time,
.with or without, cause, by providing thirty (30) days written
notice of intent to terminate. In any event of termination
under this paragraph, Palo Alto shall be paid for all services
performed until such termination.
020618 lh 0053050
SECTION 3.Scope of Services.
Palo Alto shall p~rform those services set forth in
Exhibit "A", entitled "Scope of Services", which is attached
hereto and incorporated herein by reference.
SECTION 4.Agency’s Obligations.
Agency shall perform those obligations
described in Exhibit "A".
SECTION 5.Compensation.
of Agency
5.1 Agency agrees to pay Palo Alto the total amount
of Twenty-Six Thousand Dollars ($26,000) for Helpdesk and Online
Support Services ("Basic Services) as set forth in Exhibits "A"
and "B".Payments shall be made in four equal quarterly
payments,and are due and payable on or before July i, 2002,
October i,2002, January i, 2003 and April i, 2003 "
5.2 If this contract is extended by the parties
pursuant to Section i, the compensation rate paid to Palo Alto
shall be the rate charged for th8 previous Year for the same
service plus an amount not to exceed the change in Consumer
Price Index for all urban consumers (San Francisco-Oaklahd-San
Jose, CA).
5.3 Palo Alto shall submit quarterly billing
statements to Agency, as a courtesy reminder, but inadvertent
failure or lateness of such billing shall not alter Agency’s
obligation to make any pay~eit designated above.
5.4 It is undegstood and agreed by the parties that
the compensation described in Paragraph 5.1 does not include on-
call .services, which shall be billed at the rates set forth in
Exhibit ~B", with a one hour minimum, nor does it include extra
consulting services not included within the services described
in Exhibit "A".. Such extra consultingservices, shal! be billed
in accordance with the rates set forth in Exhibit "B", which is
attached hereto and incorporated herein by reference. Palo Alto
may submit separate billing statements to Agency for such extra
services, no more often than monthly, or may include the billing
for such services on its quarterly billing statements.
//
//
020618 lh 0053050 2
Payments shall be sent to:
Chief Information Officer
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Any 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 Palo Alto’s investments during that period.
5.5 The parties may amend this .agreement to include
additional services at mutually agreeable rates.
5.6 In the event of early termination of this
agreement, in accordance .with Section 2, . Palo 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 acknowledges that its citizenry desires
provision of all services set forth in Section 3, but that it
has no present ability to provide those services and has
requested that Palo Alto provide such services. Therefore,
Agency expressly agrees to defend,indemnify and hold harmless
Palo Alto, its officers, employeeg,and agents from any’ and all
demands, claims, liabilities, losses, charges, costs, or damages
caused by or arising out of Palo Alto’s acts or omissions in the
performance .of this agreement, with the exception of Palo Alto’s
negligence or intentional misconduct.
SECTION 7.Confidentiality.
7.1 The parties acknowledge that in the course of and’
as a consequepce of this Agreement, they each may.be .exposed to
or acquire i~formation that is proprietary to or confidential to
the other party or its contractors. The parties agree that they
will each notify the other of any such proprietary or
confidential information, and shall hold such information in
strict confidence and shall not copy, reproduce, sell, 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 permission Of
the other party, other than for the provision of services under
this Agreement. The parties agree to advise each of their
employees, agents, and representatives of their obligations to
keep such information confidential. All such confidential and
020618 lh 0053050 3
proprietary information described herein and any deliverable
provided hereunder, in whatever form, are hereinafter
collectively referred to as "Confidential Information." The
parties shall use their reasonable efforts to assist each other
in identifying and preventing any unauthorized use Or disclosure
of any Confidential Information. Without limitation of the
foregoing, the parties shall 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
Confidential Information has violited or intends to violate the
terms .of this Agreement, and will reasonably cooperate in
seeking relief against any such person.
7.2 Notwithstanding the obligations set forth in
Section 7.1, the confidentiality obligations~ of the parties
shall not extend to.information that: is, as of the time of its
disclosure, or therea{ter 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
required to be disclosed pursuant to court order or government
decree whereupon the receiving party shall provide notice to the
other party prior to such disclosure.
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 equipment or
software or for the installation thereof. In no event will City
be liable to .Agency or any other party for any loss, including
time, money, goodwill and consequential 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 shall be submitted, in writing, and sent
by the United States mail, 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 below
or to any other address noticed in writing.
//
020618 lh 0053050 4
PALO ALTO:City Clerk
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA -94301
with a copy to:Chief Information Officer
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
AGENCY:City Manager
Town of Los Altos Hills
One N. San Antonio Road
Los Altos, CA 94022.
SECTION i0. Miscellaneous.
i0.i This Agreement shall be governed by and construed
in accordance with the laws of the state of California. Any
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 original, but all of
which together shall constitute one and’the same instrument.
10.3 Palo Alto shall not be deemed in default .on
account of any delay or failure to perform any obligations in
accordance with Agency laws, the laws of the State of
California, the Palo 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 legal authority or an
occurrence of nature.
10.4 The headings are not a part of this Agreement and
shall 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 t~ere are
no other oral or written agreements between the parties not
incorporated in this Agreement.
10.6 This Agreement shall not be mod±fied, unless the
parties first agree to and approve of such modification in
writing through a duly authorized amendment.
//
020618 lh 0053050
10.7 If a court of competent jurisdiction finds or
rules that any provision of this Agreement is void or
unenforceable, the unaffected provisions of this Agreement shall
remain in effect..
10.8 The prevailing party in .any action brought to
enforce the terms of this agreement may recover from the other
party its reasonable costs and attorneys’ fees expended in
connection with such an action.
IN WITNESS WHEREOF, 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 TOWN OF LOS ALTOS HILLS
Mayor Mayor
ATTEST:ATTEST:
City Clerk
APPROVED AS TO FORM:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
City Attorney
Assistant City Manager
Chief Information Officer
Director of
Administrative Services
Attachment:
Exhibit "A":
Exhibit "B’!:
Scope of Services
Consulting Fee Summary Sheet
020618 lh 0053050 6
Palo Alto shall
("Agency"), as
Services and
EXHIBIT "A"
SCOPE OF SERVICES
Basic Services
provide information technology services to the Town of Los Altos Hills
hereinafter set forth. The services to be provided are described as Help Desk
On-Site Support Services.
Help Desk Services. Palo Alto shall provide Help Desk Services to cover the
Agency, as follows:
Palo Alto shall provide IT help desk coverage, Monday through Friday,
between the hours of 8:00 a.m. and 5:00 p.m.
Palo Alto shall provide a single contact number.for all help desk related
requests.
Palo Alto shall provide to Agency quarterly reports of all help desk
requests for needs and trends analysis.
On-Site Support Services. Palo Alto shall provide On,Site Support Services to
the Agency as follows:
ao For the initial 1 month of this agreement Palo Alto shall schedule an IT
Technologist to provide on-site support and coverage, on a "request for
service" basis, Monday through Friday, between the hours of 2:00 p.m.
and 6:00 p.m.
bo After 1 month Palo Alto shall provide on-site support four hours per month
on a drop-in basis, and after four hours per month on an on-call standard
basis between the hours of 8 a.m. and 5 p.m. Monday through Friday at
the regular hourly rate. After hours support shall be billed at an "after
hours".rate after 5:00 p.m. and before 8 a.m.
Personnel. Palo Alto shall provide the necessary Information Technology--
personnel to service Agency as set out in Section 1 and 2 of this Exhibit "A".
Information Technology personnel are employees of Palo Alto and as such Palo
Alto agrees it is responsible for all salary, benefits or other compensation,
including but not limited to worker’s compensation coverage of all Palo Alto
employees performing services under this Agreement . Agency agrees to not
hire or attempt to hire these Information Technology personnel.
Facilities. Agency shall provide on-site office space as necessary for I’nformation
Technology personnel to service Agency as set out in Section 1 and 2 of this
Exhibit "A".
Equipment. Palo Alto shall provide its staff use of a vehicle and personal office
equipment as needed.
020~181h 0053050 7
EXHIBIT B
Contact:
Address:
Sarah Joiner
Director, Administrative
Services
Town of Los Altos Hills
26379 Fremont, Road
Los Altos Hills, CA 94022
Contact:David Ramberg
IT Manager,
External Services
Phone:650-329-2634
Date:April 2002
IT Consulting Services
IT Strategic Plan (TBD)$6,000
IT Support Services
Help Desk (12 months)
On-Site Technician (1 month @ 20 hours per
week; $72/hr)
On-Site Technician (11 months @ 4 hours
per month, drop-in b, asis; $72/hr)
Total IT Consulting and Support Services
8am-5pm $11,500
2pm-6pm $5,500
8am-5pm
On-call
Standard 8am-5pm
After Hours 5pm-8am
$26,000
$72/hr (lhr minimum)
$80/1~r (lhr minimum)
Extra Consulting Services
Technology Consulting Services 8am-5pm
IT Project Management Services 8am-5pm
$72/hr
$72/hr
020618 lh 0053050 8