RPVCCA_CC_SR_2012_01_17_06_PVNET_OverviewCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCIL MEMBERS ~
DENNIS McLEAN,DIRECTOR OF FINANCE &INFORMATION~
TECHNOLOGY
JANUARY 17,2012
OVERVIEW -PROFESSIONALI TECHNICAL SERVICES
AGREEMENT FOR SERVICES REGARDING THE
INFORMATION TECHNOLOGY SYSTEM -PALOS VERDES ON
THE NET
CAROLYN LEHR,CITY MANAGER GL.-
RECOMMENDATION
1)Receive and file;and
2)Provide direction to Staff whether or not to establish and conduct a competitive
process with other IT providers,for some,or all,of the information technology
services currently provided by Palos Verdes on the Net in early 2013,after
completion of the information technology upgrade that is currently in process.
EXECUTIVE SUMMARY
(Author's Note:the Executive Summary is intended to provide the reader with a 1 page
overview of Staff's findings and recommendations and is repeated in the body of this Staff
Report)
A brief history,overview of services provided,as well as the terms of the
professional/technical services agreement with the City and staffing provided by Palos
Verdes on the Net ("PVNET")are presented later in this staff report.The Mayor also
requested that the Recommendation include the opportunity for the City Council to
consider a competitive process with other IT providers.Staff's recommends deferring the
competitive process until after the city-wide IT upgrade (commonly referred to as the "IT
Plan")is completed as expected in Fall 2012 so that actual system specifications will be
available for the process.The staff report,dated November 15,2011 that led to the City6-1
PROFESSIONALI TECHNICAL SERVICES AGREEMENT FOR SERVICES
REGARDING THE INFORMATION TECHNOLOGY SYSTEM
January 17,2012
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Council's approval of the attached ProfessionallTechnical Services Agreement (the
"Agreement")includes the following recommendation that Staff continues to express:
"Although the proposed Agreement is for a 2-year term,the City Council will
always have the right to direct a bid process for IT services and exercise the 90-
day notice to terminate provision.However,if approved,the proposed 2-year
term will allow for a more seamless implementation of the IT Plan,followed by the
implementation of the replacement of the Sun Gard accounting system with an
enterprise resource planning ("ERp")system.Staff believes that maintaining
PVNET as the IT consultant and provider during both implementations is prudent
to insuring continuity for the City's IT System that is extremely vital to the
operation of the City."
Additionally,the IT Plan will include the installation of enterprise management software that
will enable PVNET technicians to upgrade software onto each computer from one central
remote console;thus saving substantial time and cost.Currently,14 servers operate
process applications (ex.Permit tracking and issuance,accounts payable,cashiering and
inventory at PVIC,document management).The IT Plan includes the migration of the 14
dedicated servers onto 3 Dell virtual machines.The time and cost supporting servers will
be reduced.The actual support process,time required and frequency will not be known
until the IT Plan is executed and support processes are finalized.Therefore,the
development of the bid specifications for support services cannot be accurately finalized
until after the IT Plan is implemented.
Management Partners conducted a citywide organizational assessment in 2008 that was
primarily focused on the IT System.Management Partner's IT recommendations that were
supported by the City Council included the replacement of the City's financial accounting
system,complete separation of the City's IT assets from PVNET,greater utilization of
commercial software and hardware over proprietary and the improvement of the terms and
conditions ofthe agreement with PVNET.The separation of the IT assets between PVNET
and the City was completed in 2009.Staff believes that the approval of the Agreement
between the City and PVNET completes the execution of the recommendations directed by
the City Council in 2008.
BACKGROUND AND DISCUSSION:
The Mayor requested that Staff provide an overview to the City Council regarding the
history,services provided,terms of the professional/technical services agreement with the
City and staffing provided by PVNET in its delivery of information technology ("IT")
services.The Mayor advised Staff that questions have been asked and statements made
by some residents of the City and he believed that it was in the City's best interest to
provide the Council and the public with an overview at this time.The Mayor also requested
that the Recommendation include the opportunity for the City Council to consider a
competitive process with other IT providers.The Recommendation proposes that such a
competitive process be conducted after the city-wide IT upgrade is completed as expected
in Fall 2012.
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PROFESSIONALI TECHNICAL SERVICES AGREEMENT FOR SERVICES
REGARDING THE INFORMATION TECHNOLOGY SYSTEM
January 17,2012
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The City Council unanimously approved (4-0)the IT upgrade on November 1,2011.The
IT upgrade includes replacement of dedicated servers with a virtual server and file storage
configuration,commonly referred to as a virtual machine ("VIM"),an enterprise-wide
Microsoft licensing and support agreement for all servers,desktop and laptop computers,
migrating the current voice over Internet Protocol ("VOIP")phone and messaging system to
the Microsoft unified communication system for voice,messaging,email and eventually
video-conferencing and replacement of 2/3 of the City's desktop computers (referred to as
the "IT Plan").
Status -Implementation of IT Plan
The majority of the City's servers and desktop computer hardware and software has
reached the end of their useful life and require replacement.The Equipment Replacement
fund has accumulated sufficient funds for the orderly replacement of Information
Technology ("IT")hardware and software in accordance with the Reserve Policy
established by the City Council.Additionally,the replacement of the server equipment and
desktop computers is essential to the successful implementation of a financial system with
an integrated Enterprise Resource Planning ("ERP")system that would include permitting,
work order,contract and grant management,accounting,and improve services with
electronic processes.
The IT Plan was developed through the collective effort of Staff,PVNET,engineers from
Microsoft ("MS")and Cisco and has been independently reviewed and validated by Dyntek,
a multi-national IT firm.Dyntek continues to provide oversight during the implementation of
the IT Plan.A summary of the status of the implementation of the four phases of the IT
Plan follows:
1)Phase 1 -COMPLETED:The implementation of the IT Plan began with the
purchase and execution of Microsoft ("MS")enterprise-wide license and software
assurance agreements.
2)Phase 2 -IN-PROCESS:The Dell virtualized,high availability (redundant)server
configuration,commonly referred to as virtual machine ("VIM"),has been installed
and is being configured by Dell and PVNET technical staff.The Dell VIM servers
are clustered together to enable user access at all times with no chance of
downtime.The Dell VIM includes (3)three PowerEdge R710 servers,(2)two
PowerConnect 6224 Switches and (1)one P6000E file storage array.The software
and data currently running on various dedicated application servers will be
transferred to the Dell VIM over the next several months.
3)Phase 3-SPRING 2012:The engineering design leading to the migration from the
Cisco voice messaging system (commonly known as the City's Cisco voice over
Internet protocol phone system)to MS Exchange and Lync unified (voice,video
conferencing and email)communication system is expected to begin within the next
30 days.Staff expects that voice and email should be live in about 90 days.The6-3
PROFESSIONALI TECHNICAL SERVICES AGREEMENT FOR SERVICES
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January 17,2012
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integration of contacts,calendaring,smart phones and video conferencing will be
systematically added as user training allows.
4)Phase 4 -FALL 2012:The migration to Windows 7 operating system will require
the replacement of about 60 desktop computers.Staff believes that approximately
30 desktop computers currently in use have sufficient processing speed and RAM
memory to operate with Windows 7.Staff expects to present a proposal to conduct
a bid process or secure a "lowest cost"government agreement to the City Council
later in 2012 to acquire the 60 desktop computers.
Staff expects that the implementation of the IT Plan should be completed in late 2012.The
implementation of the IT Plan is expected to cost about $299,000,as well as about
$46,000 annually for software licensing and support,funded and budgeted in the
Equipment Replacement fund.
Brief History -PVNET
PVNET is a non-profit organization formed in 1995 as a center for community services,
including computer education,IT internships,web-hosting,free email services and
technology support for PV residents and community-based organizations.PVNET began
providing the City with day-to-day IT services in accordance with a Professional Services
Agreement (the "PSA")dated September 2,1998,after selection by the City Council
pursuant to a formal bid process.The PSA was modified on September 20,2005 to reflect
then-current service levels and fees.The PSA was replaced with the attached
ProfessionallTechnical Services Agreement (the "Agreement")with a two-year term that
was approved by the City Council on November 15,2011.
Staff is satisfied with the level and quality of service provided by PVNET.During PVNET's
tenure,the City's IT system has transitioned from an unstable network with one server to
the reliable,secure IT system that exists today.The IT system has been developed by
Staff with PVN ET in a collaborative effort similar to the cost effective relationship that exists
with Palos Verdes Peninsula Land Conservancy and the Mountains Recreation &
Conservation Authority.Staff believes that the relationship has enabled the City to deliver
cost-effective IT services to Staff users and the City's residents comparable to other larger
California cities.From time to time,PVNET has provided pro-bono services to the City (i.e.
wireless Internet services at the Civic Center and PVIC and development of the listserver
system),as well as other Palos Verdes Peninsula civic groups.
Overview -Professionall Technical Services Agreement for Services Regarding the
Information Technology System
PVNET provides all necessary services to maintain CITY'S IT System.PVNET provides
necessary technical staff people on-site at City Hall in its delivery of Help Desk,Server &IT
Infrastructure,Website,Email and GIS services.An overview of the fee structure follows
the overview of services.
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PROFESSIONAL!TECHNICAL SERVICES AGREEMENT FOR SERVICES
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January 17,2012
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Brief Overview of the Services Provided By PVNET
Help Desk Support Services
PVNET staff provides day to day user support of the IT System as requested by Staff in
accordance with the Fixed Monthly Fees set forth in the Agreement.Help Desk Services
include support,maintenance and repairs of hardware and software,printers,faxes,
desktop computers,laptops and mobile devices that are a part of the City's IT System.
PVNET and Staff estimate that Help Desk Services require about 0.5 full-time-equivalents
("FTE")of PVNET staff.
Server &IT Infrastructure Support Services
PVNET staff provides day to day Server &IT Infrastructure support in accordance with the
Fixed Monthly Fees set forth in the Agreement.Server &IT Infrastructure Support
Services include support,maintenance and repairs of hardware and software,servers,
switches,routers,gateways,firewalls,connections to public telephone system and Internet
service providers that are a part of the City's IT System.PVNET and Staff estimate that
Server &IT Infrastructure Services require about 0.5 FTE of PVNET staff.
Website Support Services
PVNET staff provides day to day website services,including web hosting,functional and
content management,a listserver system that includes text messaging,non-emergency
public reporting system,live streaming of City Council meetings,video on demand viewing
of past City Council and Planning Commission meetings linked to each respective staff
report and related documents,presentation of each staff report and related documents for
every committee and commission,a Breaking News and news scroll on the Main Page in
accordance with the Fixed Monthly Fees set forth in the Agreement.PVNET and Staff
estimate that Website Services require about 0.5 FTE of PVNET staff.
Email Services
PVNET staff provides day to day email services using its own server and software in
accordance with the Fixed Monthly Fees set forth in the Agreement.Email services
include providing connection to City's Internet service providers,maintenance and support
of firewall and anti-spam devices that are a part of the IT System.Upon completion of
implementation of IT Plan,PVNET will no longer provide email services to the City and
monthly fee shall be terminated.Email Services utilizing PVNET's email server and
software will be discontinued and the support time will be merged with Server and IT
Infrastructure Services upon implementation of the IT Plan.
GIS Services
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PROFESSIONAL!TECHNICAL SERVICES AGREEMENT FOR SERVICES
REGARDING THE INFORMATION TECHNOLOGY SYSTEM
January 17,2012
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PVNET staff provides day to day GIS services using its own server,storage and software.
GIS Services include incidental alterations or modifications to data provided by external
sources to be added to the GIS system,delivery of GIS data to City staff or any 3rd party,
providing Staff and independent contractors desktop and laptop computer access to GIS
system,support to Staff and independent contractors,and providing connection to City's IT
System in accordance with the Fixed Monthly Fees set forth in the Agreement.PVNET
and Staff estimate that GIS Services require about 1.0 FTE of PVNET staff.
The combined total of technical support to perform Help Desk,Server &IT Infrastructure,
Website and GIS services is estimated to be about 2.5 FTE's.However,the technical
advisory and project management support provided by Ted Vegvari,Executive Director of
PVNET,is about 1.0 FTE as well.
Overview of the Fee Structure
Fixed Monthly Fees:
Help Desk Services:
Server &IT Infrastructure Support Services
(Before implementation of IT Plan):
Server &IT Infrastructure Support Services
(After implementation of IT Plan):
Website Services:
Email Services
(Before implementation of IT Plan):
$11,500/month
$2,800/month
$2,000/month
$4,000/month
$1,500/month
Email Services
(After implementation of IT Plan):$O/month
GIS Services:
Hourly Rates:
$6,000/month
Ted Vegvari
Other Technical staff
Emergency and after CITY business hours
$
$
$
55/Hour
40/hour
75/hour
The Fee Schedule does not include a provision for annual consumer price index increases
for any fees during the Term of the Agreement.Upon implementation of the IT Plan,the
total annual cost of services described in the Scope of Services would be about $282,000,
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January 17,2012
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VS.an annualized rate of $300,000 currently while PVNET provides email services.
Additional Services
PVNET continues to provide additional services to the City beyond the day to day services
to maintain the IT System.Additional services include assistance with audio/video
broadcasts of community meetings from remote locations,GIS mapping for the General
Plan update,GIS mapping supporting the NCCP and open space preserve,GIS mapping
supporting claims resulting from the 2009 Portuguese Bend fire,incidental IT work required
with capital projects (ex.Improvements in the Hesse Park Multi-Purpose Room where
Council meetings are conducted),development of the Incident Management System to
track emergency incidents when the Emergency Operation Center is activated,major
improvements of the City's website,upgrades of server operating systems and application
software and support of installation of new technologies (ex.Electronic display SMART
boards).A summary of the cost of Additional Services during 2010 and 2011 follows:
Schedule of Expenditures to PVNET for Additional Services
Additional Services:2010 2011
Supporting Public Works capital projects $4,685 $566
Supporting implementation EPM Live application -PW's project management
system $6,838 $1,648
Improvements to Listserver -enable texting,Twitter and refinements to user
administration interface $10,466 $7,612
Improvement to EOC -including installation of new SMARTboards and flat panel
displays,as well as refinements to the Incident Management System $14,826 $20,061
General GIS services -new data and other project/task support $40,441 $24,651
GIS services -2009 Portuguese Bend fire mapping $7,904 $-
GIS services -airspace mapping $2,095 $-
GIS services -General Plan update mapping $6,936 $12,003
GIS services -data upgrade to County LAR-IAC consortium $780 $1,664
GIS services -storm drain program mapping and data management $-$2,168
GIS services -NCCP and open space mapping $-$1,094
Asset inventory database $873 $-
Desktop computer replacements $21,518 $17,242
Software licensing $7,943 $4,171
(Previous)Internet access sharing with PVNET $2,200
Total cost of Additional Services provided by PVNET $127,504 $92,879
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PROFESSIONALI TECHNICAL SERVICES AGREEMENT FOR SERVICES
REGARDING THE INFORMATION TECHNOLOGY SYSTEM
January 17,2012
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Basis for 2-Year Term
Staff recommended establishing a two-year term of the Agreement that was approved by
the City Council for the following reasons:
1)The implementation of the IT Plan was expected to take about six months.The
implementation of the IT Plan should be performed by the implementation team,led
by staff,with the majority of the work to be performed by PVNET without any
interruption of service.
2)The City Council may wish to direct Staff whether to establish and conduct a
competitive process with other IT providers,for some of,or all of,the information
technology services currently provided by Palos Verdes on the Net in early 2013,
after completion of the information technology upgrade currently underway.
Because the IT System is the electronic document backbone of the City
administration,staff recommends that any bid process for IT services be conducted
in phases,to improve,and hopefully insure,the seamless transition to any IT
service provider.Staff recommends that a bid process,if any,for IT services should
be phased and separated for website services,Help Desk support,IT Infrastructure
support and GIS Services.The cost benefits of internal staffing all,or a portion of,
IT services should be analyzed and independently validated as a part of the
process.
3)The technical support and maintenance of the IT System currently requires human
intervention at servers and desktop computers.The upgrade of application software
onto all desktop computers requires a PVNET technician to physically load the
upgrade software onto each computer.The IT Plan will include the installation of
enterprise management software that will enable PVNET technicians to the upgrade
software onto each computer from one central remote console;thus saving
substantial time and cost.Currently,14 servers operate process applications (ex.
Permit tracking and issuance,accounts payable,cashiering and inventory at PVIC,
document management).The IT Plan includes the migration of the 14 dedicated
servers onto 3 Dell VIM's.The time and cost supporting servers will be reduced.
The actual support process,time required and frequency will not be known until the
IT Plan is executed and support processes are finalized.Therefore,the
development of the bid specifications for support services cannot be accurately
finalized based upon actual experience until after the IT Plan is implemented.
4)Subject to future consideration by the City Council,the proposed replacement of the
City's SunGard accounting and business licensing would immediately follow
implementation of the IT Plan.The City has retained the Government Financial
Officers Association ("GFOA")to support the replacement of the current system with
an integrated ERP system that would improve efficiencies and service delivery with
electronic processes (ex.facility rental,permit tracking,project management and
contract management).Staff expects to make a recommendation for the ERP
system in early 2012.The implementation of the ERP system should be performed6-8
PROFESSIONALI TECHNICAL SERVICES AGREEMENT FOR SERVICES
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January 17,2012
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by the same implementation team,led by staff,with the assistance of PVNET
without any interruption of service.
FISCAL IMPACT
There is not fiscal impact resulting from this Recommendation.Until the IT Plan is fully
implemented,the time required to support the City's IT System cannot be accurately
established at this time;therefore,any possible savings or additional cost resulting from a
possible competitive process cannot be determined at this time ..
Attachments:
Professional/Technical Services Agreement for Services Regarding the Information
Technology System of the City of Rancho Palos Verdes
6-9
Professionall Technical Services Agreement for Services
Regarding the Information Technology System of the City of
Rancho Palos Verdes
Between
Palos Verdes on the NET,Computer Technology Center,a
California nonprofit public benefit corporation
("CONSULTANTII
)
&
The City of Rancho Palos Verdes
6-10
THIS AGREEMENT ("Agreement")is made and entered into this 15th day of November,
2011 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and Palos Verdes on the NET,Computer Technology Center,a California nonprofit
public benefit corporation (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinaftersetforth,the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Description of CITY'S Information Technology System
The CITY'S information technology system is described in the attached Description of the
CITY'S Information Technology System (see Exhibit "A")which is attached hereto and
incorporated herein by this reference.
1.2 Description of Services
CONSULTANT shall provide all services necessary to operate and maintain CITY'S
Information Technology System,or any modifications made to it,in accordance with
information technology industry best management practices,in accordance with the
attached Scope of Services (see Exhibit "B")and Service Level Addendum (see Exhibit
"C"),both of which are attached hereto and incorporated herein by this reference.
CONSU LTANT shall not be responsible for delay,nor shall CONSU LTANT be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts,accidents,or acts of God,or the failure of CITY to furnish timely information or to
approve or disapprove CONSULTANT's work promptly,or delay or faulty performance by
CITY,other consultants/contractors,or governmental agencies,or any other delays beyond
CONSULTANT's control or without CONSULTANT's fault.
1.3 Use License
CONSULTANT has developed proprietary computer programming codes used in
connection with various software,including,but limited to,Microsoft SOL,Cold Fusion and
Java Script,which are operating on severs owned by CONSULTANT and utilized in the
delivery of services to CITY,including,but not limited to,website services,the Listserver
system,the emergency notification system,the Emergency Incident Management System,
the GIS System and the Inventory Management System.CONSULTANT retains ownership
of such proprietary computer programming codes and grants a user license to CITY for
these codes and programs provided by CONSULTANT during the term ofthis Agreement.
ARTICLE 2
COMPENSATION
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2.1 Fee
CITY agrees to compensate CONSULTANT in accordance with the attached
Fee Schedule (See Exhibit "0"),which is attached hereto and incorporated herein by
reference for the services that are described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Palos Verdes on the NET
30940 Hawthorne Boulevard
Suite 101
Rancho Palos Verdes,CA 90275
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for services performed in the
previous month.CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30)days of receipt of each invoice.CITY agrees to use its best efforts to
notify CONSULTANT of any disputed invoice amounts or claimed completion percentages
within ten (10)days of the receipt of each invoice.However,CITY's failure to timely notify
CONSULTANT of a disputed amount or claimed completion percentage shall not be
deemed a waiver of CITY's right to challenge such amount or percentage.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY,then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and may be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice to CITY.
2.4 Additional Services
CITY may request additional specified work under this Agreement.All such
work must be authorized in writing by the CITY's Director of Finance and Information
Technology prior to commencement.
2.5 Term of Agreement
This Agreement shall commence November 15,2011 and shall terminate on
December 31,2013 unless sooner terminated pursuant to Article 4 of this Agreement.
Additionally,there shall be an option to renew the Agreement for an additional year with
the mutual written consent of both parties.
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ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT shall defend,indemnify,and hold the CITY,its officials,
officers,employees,agents and independent contractors serving in the role of CITY
officials,and volunteers (collectively "Indemnitees")free and harmless from any and all
claims,demands,causes of action,costs,expenses,liabilities,losses,damages or injuries,
in law or equity,to property or persons,including wrongful death (collectively "Claims"),in
any manner arising out of or incident to any acts or omissions of CONSULTANT,its
officials,officers,employees or agents in connection with the performance of this
Agreement,including,without limitation,the payment of all consequential damages,
attorneys'fees,and other related costs and expenses,except for such Claims arising out of
the sole negligence or willful misconduct of the Indemnitees.With respect to any and all
such Claims,CONSULTANT shall defend Indemnitees at CONSULTANT's own cost,
expense,and risk and shall pay and satisfy any judgment,award,or decree that may be
rendered against Indemnitees.CONSULTANT shall reimburse Indemnitees for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided.CONSULTANT's obligation to indemnify shall not be
restricted to insurance proceeds,if any,received by CONSULTANT or Indemnitees.All
duties of CONSULTANT under this Section shall survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in AM.Best's Insurance Guide with a rating of A:VII or better.
3.3 Automobile Liabilitv
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000)for property damage arising from one
incident.
3.4 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the performance
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of work under this Agreement worker's compensation insurance as required by the law.
CONSULTANT shall require any subcontractor similarly to provide such compensation
insurance for their respective employees.
3.5 Notice of Cancellation
(a)All insurance policies shall provide that the insurance coverage shall
not be cancelled by the insurance carrier without thirty (30)days prior written notice to
CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b)CONSULTANT agrees that ifit does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
and pay,at CONSULTANT's expense,the premium thereon.
3.6 Certificate of Insurance
At all times during the term ofthis Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insureds.
3.7 Primarv Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers compensation)shall include
provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at any time,with or without cause,
by the CITY upon ninety (90)days prior written notice or by CONSULTANT upon one-
hundred eight (180)days prior written notice.Notice shall be deemed served if completed
in compliance with Section 6.14.
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,in
an amount to be determined as follows:for work satisfactorily done in accordance with all of
the terms and provisions of this Agreement,CONSULTANT shall be paid an amount equal
to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;provided,in no event shall the amount of
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money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
Except as set forth in Exhibit A,Part 2,all documents,plans,specifications,
reports,information,data,exhibits,photographs,images,video files and media created or
developed by CONSULTANT pursuant to this Agreement ("Written Products")shall be and
remain the property of the CITY without restriction or limitation upon its use,duplication or
dissemination by the CITY.All Written Products shall be considered "works made for hire,"
and all Written Products and any and all intellectual property rights arising from their
creation,including,but not limited to,all copyrights and other proprietary rights,shall be
and remain the property of the CITY without restriction or limitation upon their use,
duplication or dissemination by the CITY.CONSULTANT shall not obtain or attempt to
obtain copyright protection as to any Written Products.
Except as set forth in Exhibit A,Part 2,CONSULTANT hereby assigns to the
CITY all ownership and any and all intellectual property rights to the Written Products that
are not otherwise vested in the CITY pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,and
that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal,state or
local laws,or any contractual provisions,or any laws relating to trade names,licenses,
franchises,copyrights,patents or other means of protecting intellectual property rights
and/or interests in products or inventions.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted, trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and Written
Products produced under this Agreement.In the event the use of any of the Written
Products or other deliverables hereunder by the CITY is held to constitute an infringement
and the use of any of the same is enjoined,CONSULTANT,at its expense,shall:(a)
secure for CITY the right to continue using the Written Products and other deliverables by
suspension of any injunction,or by procuring a license or licenses for CITY;or (b)modify
the Written Products and other deliverables so that they become non-infringing while
remaining in compliance with the requirements of this Agreement.This covenant shall
survive the termination of this Agreement.
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Upon termination of this Agreement,CONSULTANT shall deliver to the CITY
all Written Products and other deliverables related to this Agreement without additional
cost or expense to the CITY.If CONSULTANT prepares a document on a computer,
CONSULTANT shall provide CITY with said document both in a printed format and in an
electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Finance and Information
Technol9gy or his or her designee,and the CONSULTANT representative shall be Ted
Vegvari,or his designee.These individuals shall be the primary contact persons for the
parties regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48),the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities Act of
1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel,who shall be technically skilled and proficient,required to perform
CONSULTANT's services under this Agreement.CONSULTANT shall make reasonable
efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the
services hereunder.CONSULTANT may associate with or employ associates or
subconsultants in the performance of its services under this Agreement,but at all times
shall CONSULTANT be responsible for its associates or subconsultants'services.
CONSULTANT represents that CONSULTANT has conducted security background
investigations of all associates or employees or subconsultants who are retained by
CONSULTANT to perform its services under this Agreement.
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is
licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement;b)there are no obligations,commitments,or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement;c)to the extent
required by the standard of practice,CONSULTANT has investigated and considered the
scope of services performed,has carefully considered how the services should be
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performed,and understands the facilities,difficulties and restrictions attending performance
of the services under this Agreement.;
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term ofthis Agreement orwithin twelve (12)months after completion ofthe work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b)If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so.Such persons and entities include,but are not necessarily limited to,specialized
consultants,and testing laboratories.CONSULTANT's use of subconsultants for additional
services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies
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the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons,firms,or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
time or in any manner,represent that it or any of its agents,servants or employees,are in
any mariner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT regarding the services provided by CONSULTANT to CITY and supersedes
all prior negotiations,representations or agreements,either written or oral.This Agreement
may be modified or amended,or provisions or breach may be waived,only by subsequent
written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
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6.12 Non-Waiver of Terms,Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement.In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant,or any
default which may then exist on the part of CONSULTANT,and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.13 Severability
If'any term or portion of this Agreement is held to be invalid,illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this
Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law,any notice or other communication authorized
or required by this Agreement shall be in writing and shall be deemed received on (a)the
day of delivery if delivered by hand or overnight courier service during CONSULTANT's or
CITY's regular business hours or (b)on the third business day following deposit in the
United States mail,postage prepaid,to the addresses listed below,or at such other
address as one party may notify the other:
To CITY:
Responsible Person:
Dennis McLean,Director of Finance and Information Technology
CITY of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Responsible Person
Ted Vegvari,Director
Palos Verdes on the NET
30940 Hawthorne Boulevard
Suite 101
Rancho Palos Verdes,CA 90275
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the
date and year first above written.
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Dated:_
Dated:_
ATTEST:
By:_
CITY Clerk
APPROVED AS TO FORM:
By:----------
CITY Attorney
Palos Verdes on the NET
("CONSULTANT")
By:_
Ted Vegvari
Director
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
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Exhibit "A":Description of the CITY'S Information Technology System
The CITY'S Information Technology ("IT")system is an array of data,video and voice
information systems,operating with devices like servers,cabling,routers,switches,
firewalls,desktop and laptop computers,printers,scanners,phone handsets and
commercially licensed software that enable access to the City Hall network,other park
sites,the public switched telephone network system and the world via the Internet.Most of
the IT system currently resides at the City Hall premises,while some equipment is in use at
Pointe Vicente Interpretive Center ("PVIC"),the RPVTV studio,Hesse Park and Ladera
Linda.All CITY-owned equipment is in the possession of CITY pursuant to the
recommendation made by Management Partners in their 2008 IT study.Palos Verdes on
the NET ("PVNET"and also referred to as "CONSULTANT"),the CITY'S IT advisor,owns
and manages certain hardware and software (see IT Systems Owned by CONSULTANT
later in this Exhibit)used to deliver services to CITY.
PART 1.IT System -Owned by CITY
The following is an overview of the IT System by category:
Communication -Voice,email and the website
CITY installed a Cisco voice over Internet protocol ("VOIP")system for phone call
management and voice messaging in 2002.The warranty and support of the Cisco VOIP
system is provided by NexuslS.PVNET provides on-demand assistance to support the
Cisco VOIP, including,but not limited to,the day-to-day management of the NexuslS
relationship on behalf of CITY.PVNET also manages the delivery of public telephone and
Internet services provided to CITY.A few CITY owned cell phones are used by field
personnel.
Desktop computers
CITY owns desktop and laptop computers used by staff and independent contractors to
provide services to CITY'S residents.Some desktop computers are dedicated for use at
public counters to serve residents and members of the public.Some desktop computers
are used by part-time staff and docent volunteers in park site offices.Most of the desktop
computers are running on the Microsoft ("MS")XP operating system and the Office 2003
productivity software suite.Certain desktop computers have Adobe Photoshop,Ascent for
computer aided drafting ("CAD"),Google Earth Pro,Cog nos and Crystal report writer
software and MS Project to improve work productivity.
Data services
CITY staff and independent contractors use the following data systems in delivery of
services to CITY'S residents:
Acella (a/k/a Tidemark)permit tracking -CITY owns the server and licenses the Acella
permit tracking system used by the Community Development Department for managing the
building permit process.The system was acquired in 2001 and is expected to be replaced
with a new ERP system,subject to a future recommendation to the City Council and their
6-21
approval.
Laserfiche Document Management System -The Office of the City Clerk is beginning the
implementation of the Laserfiche electronic document management system.The system
will establish a secure,reliable system for electronic document management of critical CITY
documents and eventually reduce paper files.
Sungard accounting and business licensing -CITY owns the server and licenses the
Sungard accounting and business license system that runs on a legacy IBM platform.CITY
has retained the Government Financial Officers Association ("GFOA")to support the
replacement of the current system with an integrated Enterprise Resource Planning ("ERP")
system that would improve services with electronic processes (ex.facility rental,permit
tracking,project management and scheduling).CITY Staff expects to make a
recommendation for the replacement ERP in early 2012.
Enterprise Project/Work Management ("EPM")Live project management-With the support
of PVNET and EPM,the Public Works Department has been implementing the EPM Live
system for project management.EPM Live operates on a MS SharePoint platform that
provides collaboration and process development running on a dedicated server owned by
CITY.The EPM Live application allows engineers and other project managers to
customize their data set and track project chronology,milestones and cost data.
ADP Payroll -CITY utilizes the web hosted payroll services provided by ADP to fulfill the
CITY's payroll needs.The CITY's plan is to continue using ADP in the future to assist in
compliance issues with regard to new laws that affect payroll.
CoreLogic parcel data services -CITY staff and independent contractors utilize CoreLogic
for accessing current parcel ownership information,including lot parcel shape files,
easements and zoning data.
Cougar Mountain -Software that is used for point-of-sale and inventory management at
PVIC.Staff expects that this software will be replaced with the acquisition of the ERP
system.
Video services
Telvue -Provides support for the digital broadcasting system used by RPVTV.
Additionally,RPVTV utilizes several CITY owned digital cameras and desktop computers
for the production and broadcast of CITY'S programming and videos.
IT Infrastructure
(Prior to Implementation of the IT Infrastructure Plan Approved by the City Council
on November 1,2011)
Servers -Most of CITY'S IT Infrastructure is operated at the City Hall facility.A
temperature controlled room stores a rack of dedicated servers that operate the voice and
data systems.Currently,fourteen (14)dedicated servers are used to access the network,
store work product data files operate the phone and voice messaging systems.
Exhibit "A"
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Applications,including the Sungard accounting and licensing system,the Acella permit
tracking system,the Public Works EPM Live project management systems,the
LaserFische document management system,are operated with dedicated servers on the
CITY'S IT System.Additionally,dedicated servers manage access to all printers,create
and broadcast RPVTV programming and remotely monitor the health and security of the
entire IT system.One of the goals of the IT Infrastructure Modification Plan (the IT Plan")
approved by the City Council on November 1,2011 is to combine the operations of nearly
all of the dedicated servers on to a virtualized high availability (redundant)server
configuration.
In addition to the dedicated Acella,Laserfiche,EPM and Sun Gard servers described
above,CITY owns the following servers:
Primary Server -The primary server provides 1.8 terabytes of magnetic drive media used
to store flll data created and utilized by CITY staff and independent contractors on a day to
day basis as well as electronic data received from outside sources.Files are stored in
organized directories.Access to files is based on each individual staff member's level of
authority.The Director of Finance and Information Technology,or designee,sets the policy
regarding user rights that are followed by the server "Administrator".Based on policy,
user's accounts are created by the Administrator and each user is granted rights and
privileges to network resources governed by the rpv.com Active Directory on the primary
server.All authorized network users are provided with a basic set of standardized drive
mappings,space for their files,and access to specific data as directed by the Director of
Finance and Information Technology,or designee,in collaboration with Department
Directors.In addition,each department,and in some cases,individuals,have unique
configurations,specialized software,and access rights which require individualized
management and specialized support.Complete primary network server data backups are
stored offsite with Iron Mountain and one set of backups are on site.Offsite storage media
is rotated on a weekly basis.
Back-up server -The backup server for has 4 hot swappable hard drives.The Microsoft
Windows backup utility makes a backup of all RPV data on the servers every weekday.
The current week's baCk-up drive gets swapped out every Friday and a spare drive gets put
in its place.The week's backup drive goes to a secure off-site storage location.
Emergency Backup server -This Windows 2003 Server is an offline backup server to be
used to restore data from offsite removable drives in the event of a primary data server
failure or other catastrophe.This server is part of a "KIT"which includes all the necessary
components to quickly deploy a fully functional emergency network in any location that has
useable electricity.This system is setup and tested quarterly to confirm that it is functional.
This server is locked in a watertight storage box at a remote site under CITY'S control.
Certain City staff and IT staff have physical access to this system.PVNET staff performs
system upgrades when necessary.Fall back and restoration options are incorporated into
the process.Mirrors are stored,and complete data backup is performed prior to any major
software upgrade.
FTP server -The EPM Live (described above)and FTP operate on a virtualized server.
The FTP server enables secure uploads and downloads of large files between CITY staff,
Exhibit "A"
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independent contractors and third party vendors and consultants.
Network Monitoring Server -This system is used to monitor availability of network services
for desktop PC's and servers and the Cisco VOIP operating on the CITY'S IT System.The
system uses IPSwitch WhatsUp monitoring software.The system emails PVNET staff
when equipment outages occur and keeps records of uptime.
PVIC Server -This server supports the entire Point Vicente Interpretive Center,staff and
volunteers.The server works in conjunction with two cashiering stations to handle all
accounting and point of sales needs for the PVIC store.The server also acts as a file
server and print server for PVIC network workstations and printers.The server is backed
up nightly by the data Backup Server located at City Hall.The facility has in place the
cabling to support video broadcasting and additional communications via fiber to the City
Hall Campus.
Local area network -As described previously,staff,independent contractors and the public
connect to the IT system using software installed on desktop and laptop computers, phone
handsets and mobile devices that are connected to servers through firewalls via switches,
routers,cabling over the City Hall network or the Internet or public telephone system.The
City Hall internal segment of the IT Infrastructure operates at about IGBPS speed.
Access to the Internet and other facilities -Users of the City Hall IT Infrastructure access
the Internet with 3MBPS of bandwith;although it is expected to be upgraded soon to as
much as 150MBPS of bandwith,with significant cost savings.PVIC is directly connected to
the CITY Hall IT Infrastructure with a fiber cabling strung along utility poles between the two
facilities.Hesse Park is connected to the Internet with 1MBPS of bandwith,however,soon
to be upgraded to 3MBPS of bandwith.Free wireless access is provided to the public at
PVIC and City Hall by PVNET.Free wireless Is provided at Hesse Park by CITY.
SonicWALL NSA El500 high availability firewall -The CITY acquired a SonicWALL NSA
El500 high availability firewall in 2009.The SonicWALL protects the IT System from
external extrusions,enable secure connection between the CITY'S and PVNET's IT
Systems and maintains redundant operations to avoid failure.
(After the Implementation of the IT Infrastructure Plan Approved by the City Council
on November 1,2011)
On November 1,2011,the City Council approved the IT Infrastructure Plan (the "IT Plan").
As described in the staff report,dated November 1,2011,the IP Plan will be implemented
in phases over the next six months as follows:
1)Phase 1 (1 st month):Purchase and execution of MS enterprise-wide license and
software assurance agreements,followed by phased software and hardware
deployment;
2)Phase 2 (1 st -3rd month):Migration of dedicated application servers to a
virtualized high availability (redundant)server configuration with the purchase of a
Exhibit "A"
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Dell virtual machine ("VIM").The Dell VIM will be clustered together to enable
access to users at all times with no chance of downtime.The Dell VIM includes (3)
three PowerEdge R71 0 servers,(2)two PowerConnect 6224 Switches and (1)one
P6000E storage array;
3)Phase 3 (3 rd month):Replacement of the Cisco call manager server and software
in conjunction with the migration from the Cisco voice messaging system (commonly
known as the City's Cisco voice over Internet protocol phone system)to MS
Exchange and Lync unified (voice,video conferencing and email)communication
system.The upgrade was approved by the City Council in 2010.However,Staff
deferred the upgrade to enable integration with the Dell VIM;and
4)Phase 4 (4th -6th month):Replacement of about 60 desktop computers.
PART 2.IT Systems Owned by CONSULTANT
PVNET owns and maintains twelve (12)servers in the delivery of website,email,video-on-
demand and GIS services to the CITY.
Communication -Voice,email and the website
Listserver System -PVNET developed and grants a user license to CITY for the operation
of the listserv system that is used to notify residents and other members of the public.The
web-based system enables staff to access the system from their desktop or laptop
computers.
Emergency Notification System and Breaking News System -PVNET developed and
grants a user license to CITY the operation of these systems which are used to send
emergency email and text notifications messages to residents.The web-based system
enables staff to access the system from their desktop or laptop computers.
Data services
Geographic Information System ("GIS")mapping -PVNET provides GIS (mapping)
services to the CITY using state-of-the-art software that PVNET licenses running on its own
dedicated server.However,the CITY owns all GIS aerial pictometry,videos and data files
used in the management of CITY'S infrastructure,project management and pUblic
presentations.
Emergency Incident Management System -PVNET developed and grants a license to
CITY the use of the Incident Management System that would be used during an emergency
event that requires deployment of CITY'S Emergency Operations Center located in the
Community Room at City Hall.The web-based system enables the data entry and process
management of each incident reported (i.e.road closure,structure fire,utility failures,
injuries),including prioritization and action required through resolution of each incident and
the emergency event.
Exhibit "A"
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Inventory Management System -PVNET developed and grants a license to CITY the use
of the Inventory Management System that is used to track asset inventory,location of the
asset,and its disposition.The web-based system enables staff to access the system from
their desktop or laptop computers.
Video services
Real and MS Media Player-PVNET owns and maintains a video server and software that
enables on-demand video viewing of archived City Council and Planning Commission
meetings that are linked to staff reports and select CITY events over the Internet.CITY
owns the video files.PVNET developed and grants a license to CITY the use of the video
linking system.
Exhibit "A"
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Exhibit "B":Scope of Services
General Services
CONSULTANT shall provide all necessary services to maintain CITY'S IT System.
CONSULTANT will provide necessary technical staff people on-site at CITY'S City Hall
location,or CONSULTANTS facility located adjacent to City Hall during CITY'S normal
business hours in its delivery of Help Desk,Server &IT Infrastructure,Website,Email and
GIS services.CONSULTANT shall charge CITY for Help Desk,Server &IT Infrastructure,
Website,Email and GIS services in accordance with the Fixed Monthly Fee Rates in
accordance with Exhibit "0"-Schedule of Fees.
CONsuLTANT shall be "on-call"24/7 to restore any operation of CITY'S IT System that
experiences "emergency"failure,deemed "emergency services"in the sole discretion of the
Director of Finance and Information Technology,or the Director's designee.
CONSULTANT shall charge City for after-hours emergency service in accordance with the
emergency rate set forth in Exhibit D.CONSULTANT shall also provide non-emergency
services after CITY'S business hours as agreed to by CONSULTANT and approved by
CITY's Director of IT Services,in accordance with the after hours/emergency rate set forth
in Exhibit D.
Help Desk Support Services
CONSULTANT shall provide day to day user support of the IT System during CITY'S
business hours as requested by Staff in accordance with the Fixed Monthly Fees set forth
in Exhibit "0".Help Desk Services shall include,but not be limited to,support,
maintenance and repairs of hardware and software,printers,faxes,desktop computers,
laptops and mobile devices that are a part of the CITY IT System.
Server &IT Infrastructure Support Services
CONSULTANT shall provide day to day server &IT Infrastructure support of the IT System
during CITY'S business hours in accordance with the Fixed Monthly Fees set forth in
Exhibit "0".Server &IT Infrastructure Support Services shall include,but not be limited to,
support,maintenance and repairs of hardware and software,servers,switches,routers,
gateways,firewalls,connections to public telephone system and Internet service providers
that are a part of the CITY IT System.The cost of all hardware and software,owned by
CITY,including replacement or repair thereof,shall be paid for by CITY.
Website Support Services
CONSULTANT shall provide website services,including,but limited to,web hosting,
functional and content management,a listserver system that includes text messaging,non-
emergency public reporting system,live streaming of City Council meetings,video on
Exhibit "B"
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demand viewing of past City Council and Planning Commission meetings linked to each
respective staff report and related documents,presentation of each staff report and related
documents for every committee and commission,a Breaking News and news scroll on the
Main Page in accordance with the Fixed Monthly Fees set forth in Exhibit "0".
Email Services
CONSULTANT shall provide day to day email services using its own server and software in
accordance with the Fixed Monthly Fees set forth in Exhibit "0".Email services shall
include,but not be limited to,support and maintenance of hardware and software and
providing connection to CITY'S Internet service providers,firewall and anti-spam devices
that are a part of the CITY IT System.Upon completion of implementation of IT Plan,
CONSULTANT will no longer provide email services to CITY and monthly fee shall be
terminated.
GIS Services
CONSULTANT shall provide GIS services using its own server,storage and software.GIS
Services shall include,but not be limited to,incidental alterations or modifications to data
provided by external sources to be added to the GIS system,delivery of GIS data to CITY
staff or any 3rd party authorized by CITY,providing CITY staff and independent contractors
desktop and laptop computer access to GIS system,support to CITY staff and independent
contractors,and providing connection to CITY'S IT System in accordance with the Fixed
Monthly Fees set forth in Exhibit "0".
Additional Services
All emergency services,services performed after normal CITY business hours and
additional services that are not specified herein,as authorized in writing by CITY'S Director
of Finance,shall be charged to CITY in accordance with the Hourly Rates for after hours
and emergency services set forth in Exhibit "0"-Schedule of Fees,included in this
Agreement,except for services provided during a disaster declared by the CITY or for
services provided when the CITY'S Emergency Operations Center has been deployed as
described immediately below.
Services Provided During a Disaster Declared by the CITY or for Services Provided When
the CITY'S Emergency Operations Center Has Been Deployed
Upon request by CITY,CONSULTANT shall participate in the disaster operation conducted
by CITY,a disaster declared by the CITY and/or the operation of the CITY'S Emergency
Operations Center when it is deployed.CONSUTANTS services shall include,but not be
limited to,configuration of the emergency IT system,support of the Incident Management
System provided by CONSULTANT,supportofthe GIS system provided by CONSULTANT
and any other reasonable request made by CITY.CITY shall pay CONSULTANT for these
services at the regular hourly (non-emergency)rates set forth in
Exhibit "0".
Additional Help Desk &Server &IT Infrastructure Support Services
Exhibit "B"
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CONSULTANT shall provide Additional Help Desk Support and Server &IT Infrastructure
Support Services as requested by CITY,including,but limited to:(1)Attendance at
meetings as requested by CITY,(2)citywide installation and upgrade of operating systems,
service-packs,patches,fixes,firmware &user productivity software suites to desktop
computers,laptops,servers and other software and hardware of IT Infrastructure owned by
CITY,(3)department-wide and/or citywide removal and re-installation of IT equipment and
other advisory services as mutually agreed to,(4)assistance with remote configuration and
set-up for audio/video production of a City Council meeting or other civic event (i.e.remote
set up for a City Council meeting using portable audio/video equipment at PVIC),(5)
training,and (6)services agreed to between CONSULTANT and CITY.All such services
shall be preceded with an estimate of time and fees in writing and must be approved in
writing by the City's project manager or Director of Finance &Information Technology.
CITY shall pay CONSULTANT for these services at the regular hourly (non-emergency)
rates set forth in Exhibit "0".
Additional Website Support Services
CONSULTANT shall provide Additional Website Services as requested by CITY,including,
but limited to:(1)major functional or content management modifications of the website that
are directed by CITY that require more than 20 hours work performed by CONSULTANT
(NOTE:this does not include day-to-day minor modifications to website resulting from new
projects,initiatives,events,etc.),(2)graphic design services (i.e.PowerPoint
presentations,graphic presentations)that are not customary day-today website services
and exceed 4 hours of service per incident)and (3)coordination of audio/video broadcast
of meetings.CITY shall pay CONSULTANT for these services at the regular hourly (non-
emergency)rates set forth in Exhibit "0",
Additional Email Services
CONSULTANT shall provide Additional Email Services as requested by CITY,including,
but limited to:Services requested by the City in conjunction with providing email information
upon request (i.e.pUblic record requests,litigation).CITY shall pay CONSULTANT for
these services at the regular hourly (non-emergency)rates set forth in Exhibit "0".
Additional GIS Services
CONSULTANT shall provide Additional GIS Services as requested by CITY,including,but
limited to:(1)Services requested by the City for the development of new layers,necessary
services to correct,alter or modify data provided by external sources to be added to the
GIS system,(2)development of presentation materials from the GIS system in excess of 4
hours,(3)printing charges based upon a fee schedule mutually agreed to by CITY and
CONSULTANT,(4)attendance at meetings as requested by the City,(5)services
requested by the City pursuant to GIS License Agreements to provide the transfer of GIS
data in excess of 4 hours of service per incident,(6)advisory services requested by the
City.CITY shall pay CONSULTANT for these services at the regular hourly (non-
emergency)rates set forth in Exhibit "0".
Exhibit "B"
R6876-0001 \1407945v 1.doc
6-29
Exhibit "C":Service Level Addendum
1 Introduction
1.1 Information Technology Support Group
Under the supervision of the Director of Finance and Information Technology (the
"Director"),the Information Technology Support Group (IT "Support"),including
the Director,or any staff assignee,and professional technicians of PVNET,
manages the entire IT System of CITY.IT Support installs,administers and
maintains the CITY'S IT System,including users and departmental processes
that use it.The purpose of this Service Level Addendum (SLA)is to provide an
understanding between IT Support and users with an overview of support that
will be ~elivered for each type of request.
1.2 Service Standards and Service Level Addendum
Service standards and SLAs attempt to establish the terms,conditions and
expectations between IT Support and each department within the CITY.They
define:
•The services to be provided by IT Support;
•The availability of those services,and;
•The terms and provisions defining the relationship between IT Support and
each department within the CITY.
2 General Provisions
2.1.1 Purchasing
All purchasing of CITY software and hardware shall be centralized with the
Department of Finance and Information Technology to ensure that all
applications conform to CITY software standards,integrate into the CITY'S IT
System,are purchased at the best possible price and are provided in the budget.
The Department Director,or a project manager designee,will work in conjunction
with IT Support to evaluate the software and hardware under consideration.
Requests shall be made by electronic mail to support@rpv.com,including
general specifications,a detailed description of the process that will utilize the
software and hardware,identification of the source of approved budgeted funds
and additional information (Le.software and hardware vendors under
consideration,make and models,vendor contact information),that is pertinent to
the evaluation.
2.1.2 Licensing
The maintenance of software and hardware licensing shall be the responsibility
of the Department of Finance and Information Technology.No employee,
Exhibit "c"6-30
Exhibit "C":Service Level Addendum
contractor or volunteer shall install software and hardware on to the CITY'S IT
System,without the approval of the Director.Unless otherwise provided in the
applicable license,notice,contract,or agreement,any duplication of copyrighted
software,except for backup and archival purposes,may be a violation of federal
and state law.In addition to violating such laws,unauthorized duplication of
software is a violation of the CITY's user policy.
2.1.3 How To Reach IT Support (Help Desk)
To obtain support services,users should contacts IT Support in the following
manner:(a)bye-mail (support@rpv.com);(b)in the event the service request is
an emergency or if email is not working,PVNET at 310-541-7992;or (c)in the
event the service request is an emergency and PVNET is not available,Dennis
McLean,the Director of Finance &IT at 310-874-7649 and Kathryn Downs,
Deputy'Director at 310-544-5216.
2.1.4 Priority One (Urgent)
Priority One (Urgent)-All urgent user requests,including,but not limited to the
following criteria:
a)Multiple Workstations unable to work normally;
b)Business Critical Network Applications down (AceII a permit tracking or
Laserfiche document management);
c)Finance Applications;
d)Unified communication,including email and voice;
e)Widespread loss of access to the IT System;
f)Widespread loss of access to the Internet;
g)Widespread loss of access to IT System file storage;and
h)Printing problem effecting Multiple Users.
IT Support will provide immediate acknowledgement to user and timely attempt
to restore access to IT System.IT Support shall strive to provide no less than 2-
hour resolution when possible.
2.1.5 Priority Two (High)
Priority Two (High).-All high-priority user requests,including,but not limited to
the following criteria:
a)User is unable to log on to Workstation,(account is locked,doesn't know
PW);
Exhibit "C"6-31
Exhibit "C":Service Level Addendum
b)Mission Critical application affecting one user.(Account related);and
c)User's desktop or laptop computer is locked,workaround not available.
IT Support will provide immediate acknowledgement to user and timely attempt
to restore access to IT System.IT Support shall strive to provide no less than 4-
hour resolution when possible.
2.1.6 Priority Three (Medium)
Priority Four (Medium).-All high-priority user requests,including,but not limited
to the following criteria:
a)User request for enhancement.(e.g.,sound card);
b)Account modification (application,mail,network);
c)Any service requests not impacting production.(PC move,training);and
d)Scheduled events.
IT Support will provide same day acknowledgement to user and timely attempt to
satisfy user request as agreed to.
2.2 Provisions For Service Level Addendum
IT Support will work to ensure reliable and predictable PC and network services
with availability during typical working hours and an expectation of reasonable
availability of services at all other times.Downtime is a reality and sometimes a
necessity for modern systems.IT Support will ensure acceptable functionality for
critical business functions at the time(s)these resources are required.
Business hours are Monday through Friday,7:30am to 5:30pm.All requests for
service are to be timely replied to by IT Support during this period.IT Support
agrees to support all authorized CITY workstations and peripherals (monitors,
printers)and all authorized departmental software installed on CITY-owned
computers.The SLA does not include support for non-standard applications or
non-standard hardware.
The City Manager,or authorized designee,reserves the right to continuously
audit the use of the IT System for adherence to the above-mentioned guidelines,
as well as all other policies,procedures and guidelines establishing its use and
administration.
Exhibit "c"6-32
Exhibit "C":Service Level Addendum
2.3 Services Not Included Under The Service Level Addendum
2.3.1 Non Standard Software
IT Support will not provide support for:
a)Internet browser software other than Internet Explorer;
b)Screen savers;
c)Internet mail engines (Hotmail,Gmail,etc.);
d)Internet radio stations;
e)Unlicensed products (i.e.pirate software);
f)Hardware and/or software not approved by the Director and/or Department
Director;
g)Games (local or Networked);and
h)Adaitions or modifications to CITY'S systems that compromise system
security or integrity of the CITY environment.
2.3.2 Non Standard Hardware
IT Support will not provide support for:
a)Any non-departmental owned equipment
b)Unlicensed products
c)PDA hardware without consent of Director and Department Director
d)Personal printers
e)Web cameras
f)Zip drive
g)Additions or modifications to CITY'S IT System that compromise system
security or integrity of the CITY environment.
Exhibit "C"6-33
Exhibit "0":Schedule of Fees
Fixed Monthly Fees for the following services performed during normal City
business hours:
Help Desk Services:
Server &IT Infrastructure Support Services
(Before implementation of IT Plan):
Server &IT Infrastructure Support Services
(After implementation of IT Plan):
Website Services:
Email Services
(Before implementation of IT Plan):
$11,500/month
$2,800/month
$2,OOO/month
$4,OOO/month
$1,500/month
Email Services
(After implementation of IT Plan):$O/month
GIS Services:$6,OOO/month
Hourly Rates for services other than those specified above:
Ted Vegvari
Other Technical staff
Emergency and after CITY business hours
$
$
$
55/Hour
40/hour
75/hour
This Schedule of Fees does not include a provision for annual consumer price
index increases for any fees during the Term of the Agreement.
6-34