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09-09-2008 CC Rpt A09 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: September 9, 2008 �{ €" �; m ';* ; sr 2000 JET Pubtic Hearing: � c n _� ��� g: 22 Discussion Item: Consent Item: OFFICE iii,} :i t' CLERK CI-MO HILLS SEPTEMBER 2, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: CONSULTING SERVICES AGREEMENT TO PROVIDE THE CHINO VALLEY INDEPENDENT FIRE DISTRICT WITH INFORMATION TECHNOLOGY SERVICES RECOMMENDATION: Authorize execution of an agreement with the Chino Valley Independent Fire District for the delivery of information technology services. topACKGROUND/ANALYSIS: The City of Chino Hills recently completed a network/server technology infrastructure upgrade and phone system implementation. Based on the successful implementation of these technical solutions, the Chino Valley Independent Fire District has decided to emulate a similar technology environment in support of the Fire Administration operation and the Fire Substations. Last year, the City created an Information Technology Division to service current and future demand with the potential to extend technical services to external government agencies. The Chino Valley Independent Fire District is requesting that their technology infrastructure, desktop, voice and data needs be met by City staff. This arrangement will reduce the overall cost of technical service for Chino Valley Independent Fire District and enable the City to service these needs with the Information Technology staff. The City of Chino Hills will be charging the Chino Valley Independent Fire District $49.86 per month per computer for technical services and $90.00 per hour for technical consulting services. Assuming a September 1, 2008, commencement date, the City anticipates $29,400 in technical service revenue and $12,250 in consulting service revenue for fiscal year 2008- 09. O0approved, the term of this agreement will remain in effect for a period of one year but can be minated with a 30-day written notice. The agreement will be retroactive to September 1, 08. 4c7 AGENDA DATE: AUGUST 26, 2008 or UBJECT: CONSULTING SERVICES AGREEMENT TO PROVIDE THE CHINO VALLEY INDEPENDENT FIRE DISTRICT WITH INFORMATION TECHNOLOGY SERVICES PAGE TWO REVIEWED BY: This agenda item has been reviewed by the City Attorney and the Assistant to the City Manager. FISCAL IMPACT: The fiscal impact of this agenda item will result in revenue to the City in the amount of approximately $41,650. Respectfully submitted, Recommended by: AI / ie / ' ouglas N. La Belle, City Manager Ju/ Ljincaster, Finance Director DLB:JRL:PP:dk Attachments: Consulting Agreement Scope of Services (Exhibit A) Technical Support Pricing (Exhibit B) Infrastructure Upgrade & Relocation Pricing (Exhibit C) CITY OF CHINO HILLS CONSULTING SERVICES AGREEMENT This Agreement is made and entered into as of September 1, 2008, between the CHINO VALLEY INDEPENDENT FIRE DISTRICT, a municipal corporation, hereinafter referred to as "Customer" and CITY OF CHINO HILLS, hereinafter referred to as "Consultant". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts: a. That the Chino Valley Independent Fire District is desirous of obtaining the services of a qualified consultant to provide information technology services and consulting to the customer, as directed; and b. That the City of Chino Hills has determined that the public interest, convenience and necessity require execution of this Agreement. SECTION 2. SERVICES. Consultant shall perform tasks as specified in Exhibit 8 "A" attached hereto and incorporated herein as directed by the Customer or his/her designee. SECTION 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to.the best of his/her ability, experience, and talent perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of Consultant hereunder in meeting his/her obligations under this Agreement. SECTION 4. EXTRA SERVICES. No extra services shall be rendered by Consultant under this Agreement unless such extra services first shall have been duly authorized in writing by the City. SECTION 5. CITY SUPERVISION. The Deputy Fire Chief, or his/her designee, shall have the right of general supervision of all work performed by Consultant and shall be the Customer's agent with respect to obtaining Consultant's compliance hereunder. No payment for any services rendered under this Agreement shall be made without the prior approval of the Customer or his/her designee. SECTION 6. PAYMENT. The Chino Valley Independent Fire District agrees to pay $ 49.86 per month, per computer, for technical support (see Exhibit B) and 41pConsultant fees at the hourly rate of $90.00 per hour for general technical consulting (see Exhibit C). Rates will adjust annually based on Council approved fees for both technical support and general technical consulting. 1 S SECTION 7. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. Either the Customer or the Consultant may, with or without cause, at any time, suspend, terminate, or abandon this Agreement, or any portion hereof, by service upon the other party at least thirty (30) days prior written notice. Upon receipt or delivery of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Upon receipt or delivery of such notice, the Consultant shall immediately prepare and serve upon the Customer an invoice covering all completed work. Within thirty-five (35) days, the Customer shall approve such invoice and the amount of compensation, or the Customer shall provide the Consultant with a written statement objecting to the invoice. For incomplete tasks in progress as of the date of the giving of notice or termination by the Customer or Consultant, Consultant shall be compensated for actual costs that were performed as of the effective date of such notice. The Customer may immediately suspend, terminate or abandon this Agreement, or any portion hereof, without any prior notice to Consultant, for cause, by immediately serving Consultant with written or oral notice. If the Customer suspends, terminates or abandons this Agreement, or any portion hereof, for cause, the Consultant will be compensated only for work performed as of the date of receipt of such written or oral notice. If the Customer suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. SECTION 8. TERM. This Agreement shall commence on August 26, 2008, and : may be renewed annually, but will terminate on June 30, 2009, unless otherwise extended in advance and in writing by the Customer. SECTION 9. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings, notes, reports, documents, floppy disks, diskettes or other materials prepared, developed or discovered by Consultant during the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Customer and may be used, reused or otherwise disposed of by the Customer without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to the Customer all original documents, designs, drawings, notes, reports, documents, floppy disks, diskettes or other materials prepared, developed or discovered by Consultant during the course of providing the services to be performed pursuant to this Agreement. SECTION 10. INDEPENDENT CONTRACTOR, The Consultant is and shall at all times remain as to the Customer a wholly independent contractor. Neither the Customer nor any of its officers, employees or agents shall have control over the agents except as expressly set forth in this Agreement. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in : any manner officers, employees or agents of the Customer. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, Customer shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Customer. 2 Customer shall not be liable for compensation of or indemnification to Consultant for ilp injury or sickness arising out of performing services hereunder. SECTION 11. NOTICE. Whenever it shall be necessary for either party to serve written notice on the other regarding this Agreement, such notice shall be served personally or by certified mail, postage prepaid, return receipt requested, unless and until different addresses may be furnished in writing by either party to the other, addressed to: Customer Consultant Greg Turner City Clerk Deputy Fire Chief City of Chino Hills Chino Valley Independent Fire District 2001 Grand Avenue 2005 Grand Avenue Chino Hills, CA 91709 Chino Hills, CA 91709 Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the Untied States Postal Service or upon receipt. This shall be valid and sufficient service of notice for all purposes. SECTION 12. CONFLICTS OF INTEREST. Consultant covenants that neither iphe/she nor any officer or principal of his/her firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the Customer or his/her designee. SECTION 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the Customer and Consultant. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding. SECTION 14. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. SECTION 15. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. SECTION 16. DISPUTES. All DISPUTES ARISING OUT OR IN RELATION TO THE agreement shall be determined in accordance with this section. The Consultant shall pursue the work to completion in accordance with the instructions of the Customer or his designee notwithstanding the existence of dispute. By entering this Agreement, 3 S both parties are obligated, and thereby agree, to arbitration conducted under California Code of Civil Procedure Sections 1280, et. seq., or their successor. SECTION 17. LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect all licenses required by law. SECTION 18. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. SECTION 19. INDEMNIFICATION. The Customer shall indemnity, defend, and hold Consultant harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or municipal law of ordinance, or other cause in connection with the acts or omissions of Consultant, his/her employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the sole negligence or willful misconduct of the Consultant. It is understood that the duty of the Customer to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. DATED this date as first executed above. CITY OF CHINO HILLS CHINO VALLEY INDEPENDENT FIRE DISTRICT CURT HAGMAN ED GRAY MAYOR PRESIDENT ATTEST: MARY M. MC DUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 4 Chino Valley Independent Fire District 41IPVolP-Phone System Scope of Services - Exhibit A • Administer adds, moves,changes and deletes to the VoIP system • Provide for handset replacements(per Verizon's contract)as required 3. Business Applications • GIS-Extend Chino Hills GIS solution to Fire as it pertains to City of Chino Hills Infrastructure 4. Reporting Service Level Reports • Extend IT SharePoint portal for Deputy Fire Chief to track Chino Hills IT performance as well as network monitoring/content filtering and SPAM metrics 5. Out of Scope • Dispatch Services Infrastructure for Fire • Cell Phones • Printers &Copiers • Procurement and housing of desktop, notebook and server hardware • Application Training(we can do this on an ad-hoc basis if required) 06. Service Levels Service Availability • 9-hour support; Mon-Thurs 7:30AM—5:30PM, Friday 7:30 AM - 4:30 PM (Closed Saturday&Sunday) • 90% on-site support within 1 hour of an escalated problem ticket Help Desk &Desktop Support • 80% of problem tickets resolved within 1 business day • 90% of problem tickets resolved within 3 business days • 90% of hardware installations and relocations completed within 3 business days Network& Server Availability • 99.9%System Availability 7. Consulting Service Items • Business Continuity & Disaster Recovery—Requires a plan • Data Services for Fire Substations(i.e., DSL or Fiber) • Architecture & Implementation of Network &Server Infrastructure • Relocation/Installation of the new IT Infrastructure to the new Government Center 8 Pricing Model iip • Mopthly per seat(i.e., computer/laptop)charge for all core services • Consulting for special projects(i.e., new IT Infrastructure)will be billed at a T&M rate PAPPAS City of Chno Hills—Information Technology Division 8/13/2008 Chino Ale o� pricing Techni�tEh bpt B Service Summar/ desk system Monthly Cost Includes help of Annual Cost compute) IT services: a estimate 3 hours(per comp triage support for utilises W Computes/nu number) (per computer) (p First call ebase Service help) Annual Cost Berl d knowledgebase(total num access an month. computers. We (by service offering) ort perm and notebook �81 supe for desktop Se $46 Ftands on uoubteshoo�ort per month. arches• W e 59 ate 4 h °f supe dates and system P ours $5 08 EleC of Microsoft up $2,?00 distribution oath. $61 Electronic ours deployments per r momachnth pet m upgrades.W e 59 are application updates)uPg licaaon Kelp Desk SuPP°xt $424 estimate 2 d ist bu of softw upgrades or application $3b0fl 1 c distribution "global"software upgr $5 Electrons ents of"gl Support 59 estimate 6 deployments well as 7- GIS caPP ort for intern network)access an SPAM Filtering $5,000 $5.65 a network) PP (virtual private$b8 WAN(wide areconnections.VPN( al rivate n t Fire Systems Administration 59 point network conn strdaon employees Network)SY ort for Fire Adii`uu $4 Otl0 supe network statistic substations) metrics and GIS Support $3S3 service leve! $42 Real-time acccess to se 59 $1.41 Computer $2 500 59 $17 86 2.Monthly Cost Per Tota!Number f Computers&Serves $49. WAN Support $1A� 59 VPN Access& Monthly Cost $3g 300 =Total M Cost (12 Months) Dashboard Reporting $2,300.0 1 Annual $35,3Q0•00=Tota