HomeMy WebLinkAbout2002-09-09 City Council (5)City of Polo Alto
Manager’s Repor
TO:HONORABLE CITY COUNCIL 7
FROM:CITY MANAGER DEPARTMENT:ADMINISTRATIVE
SERVICES
DATE:SEPTEMBER 9, 2002 CMR: 377:02
SUBJECT:AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE
TOWN OF ATHERTON FOR INFORMATION TECHNOLOGY
SERVICES
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached agreement to provide
information technology (!T) services to the town of Atherton.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the agreements with the town of Atherton.
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, including onsite support, IT
strategic planning, and web. design and maintenance. In June 2002 (CMR:276:02),
Council approved new multi-year contracts with East Palo Alto and Los Altos as well as
a new contract with Los Altos Hills.
At the start of the ITSP program staff expected that additional cities would be interested
in IT services. During the spring of 2002, staff initiated discussions with the town of
CMR: 377:02 .Page 1 of 2
Atherton for the provision of IT services after it expressed interest in the City of Palo
Alto’s IT services.
DISCUSSION
Staff recommends entering into an agreement to provide IT services to the town of
Atherton. The proposed agreement with the town of Atherton is for an initial nine-month
period with the option to renew in July 2003. The agreement with the Town of Atherton
provides IT help desk support, onsite support, and website maintenance in the annual
amount of $30,400.
RESOURCE IMPACT
Funds and staffing for this agreement are available in the City of Palo Alt0 2002-03
External Services Adopted Budget. The projected cost to support the agreements will be
fully offset by the revenues received from the contract cities. Contract revenue also helps
to maintain a positive fund balance in the External Services enterprise fund to support the
sustainability of the program. Supplemental IT staffing may be hired upon initiation of
the agreements and will be eliminated through attrition upon completion of the
agreement.
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 Town of Atherton
PREPARED BY:
DAVID RAMBERG
IT Manager, External Services
Direc~ministrative Services
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR: 377:02 Page 2 of 2
AGREEMENT FOR INFOPdMATION TECHNOLOGY SERVICES
BETWEEN THE CITY OF PASO ALTO AND
THE TOWN OF ATHERTON
~his 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 Atherton ("Agency").
RECITALS
WHEREAS, Palo Alto has an established information
technology operahion; and
WHEREAS, Agency has no current facilities or ability
to provide those required information technology services, and
has requested that Paio Alto provide information technology
services within the jurisdiction of Agency, and for the citizens
bf 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:
SECTION I.~erm.
following
The term of thf~ Agreement shall be for nlne and one-
half (9.5) months commencing September 16, 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 agre÷ment .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.
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SECTION 3.Scope Of Services.
Palo Alto shall perform 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
described in Exhibit "A".
obliggtions of Agency
SECTION 5.Compensation.
5.1 Agency agrees to pay Palo Alto the total amounn
of Thirty Thousand Four Hundred Dollars ($30,400) for Helpdesk
and Onsite Support Service ("Basic Services") as described in
Exhibit "A". ~.Payments shall be made in three equal payments,
and are due~and~payable on or before October i, 2002, January i,
2003 andApril 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 the previous year for the same
service, prorated for twelve (12) months, plus an amount not no
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
~tatements 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 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 consulting
services ~sh~ll 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.
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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 re¢eived 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 termina[ion is effective.
SECTION 6.Indemnification and Hold Harmless.
Agency acknowledges that~ its citizenry desires
provision of al! 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, employees,and agents from any and all
demands, claims, liabilities, losses, charges, costs, or damages
caused by or arising out of Palo Al~o’s acts or omissions in the-
performance of this agreement, with the exception of Palo Alto’s
sole negligence or intentionalmisconduct.
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 propri~etary to or confidential to
the other pasty 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
020812 sdl 0053051
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
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
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 warrantfes, whether express or implied, including,
without limitation, the implied warranties of merchantability
and fitness for a particular purpose, are made by Ci%y 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 be!ow
or to any other address noticed in writing.
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PALO ALTO:City Clerk
City of Palo Alto
250 Hamilton Avenue
Palo AILo, CA 943.01
with a copy to:Chief Information Officer
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
AGENCY:City Manager
Town of Atherton
91 Ashfield Road
Atherton, CA 94027
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 enti~e 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.
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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 th.is
Agreement in Palo Alto, County of Santa Clara, California, on
the date first above stated.
"PALO ALTO""AGENCY"
CITY OF PALO ALTO TOWN OF ATHERTON
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 Servlces
Attachment :
Exhibit "A" :
Exhibit "B" :
Scope-of Services
Consulting Fee Summary Sheet
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EXHIBIT "A"
ScoPE OF SERVICES .
"Basic Services"
Palo Alto shall prov!de information technology services to the Town of Atherton ("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:
Palo Ait0 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.
c~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:
For the initial first month of this agreement Palo Alto shall schedule an IT
Technologist to provide on-site support and coverage, on a "request for s~rvice"
basis, three days weekly, between the hours of 2:00 p.m. and6:00 p.m.
After 1 month Palo Alto shall schedule an IT Technologist to provide on-site
support and coverage, on a "request for service" basis, two days weekly,
between the hours of 3 p.m. and 5 p.m.
After 1 month Palo Alto shall provide on-site support between the hours of 3 p.m.
and 5 p.m., Tuesday and Thursday, on an on-call basis between the hours of 8
a.m. and 3 p.m. Tuesday and Thursday, and on an on-call basis Monday,
Wednesday and Friday between 8 a.m. and 5 p.m. 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.
Website Services. Palo Alto shall provide website maintenance services to the Agency
as follows:
a.Palo Alto will provide website maintenance up to 6 hours per month at the hourly rate
set forth in Exhibit B.
b.Additional website maintenance beyond the 6 hours per month will be provided as
agreed at the hourly rate set forth in Exhibit B.
Personnel. Palo Alto shall provide the necessary Information Technology personnel to
service Agency as set out in Section t 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 this Exhibit "A".
Equipment. Palo Alto shall provide its staff use of a vehicle and personal office
equipment as needed.
EXHIBIT B
Contact:
Address:
Linda Kelly
Assistant to the City
Manager
,Town Of Atherton
91 Ashfield Road
Atherton, CA 94027
’IT Support Services
Help Desk (9.5 months)
On-Site Technician (1 month @ 12 hours per
week; $72/hr) ’
On-Site Technician (8.5 months @ 4 hours
per week; $72/hr)
Total IT Support Services
Omcall and Project Rates
Standard
After Hours
Website Services
Website maintenance (6 hours per month
billed hourly at $65/hour)
Total Costs for Services
Extra Consultinq Services
Website Maintenance
Technology Consulting Services
IT Project Management Services
Contact:
Phone:
Date:
8am-5pm
2pm - 6pm
3pm-5pm
8am-5pm
5pm-8am
8am-5pm
8am-5pm
8am-5pm
David Ramberg
IT Manager,
External Services
650-329-2634
April 8, 2002
$12,000
$3,700
$26,700
$72/hr (lhr minimum)
$80/hr (lhr minimum)
$3,700
$30,400
$65/hr
$78/hr
$78/hr