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HomeMy WebLinkAbout07-01-2015 Channel Islands Technology Integrator's Group - AgreementC:, T1 CHANNEL ISLANDS TECHNOLOGY INTEGRATORS' GROUP 501 Chapala St., Suite B Santa Barbara, CA 93101 (805) 364 -5300 Block Time Service Agreement AGREEMENT made this - day of , 2015, between Channel Islands Technology Integrators' Group, Inc. and the City of San Luis Obispo. 1. GENERAL TERMS. Servicer: Channel Islands Technology Integrators' Group, Inc. Servicer's Address: 501 Chapala St., Suite B, Santa Barbara, CA 93101 Client: City of San Luis Obispo Client's Address: 990 Palm Str., San Luis Obispo, CA 93401 Client's Phone: (805) 781 -7017 Client's Fax: (805) 781 -7401 Service Address: 990 Palm Str., San Luis Obispo, CA 93401 TERM: One Year Commencement Date: The date on which this Agreement is signed, unless otherwise agreed to by the parties. Expiration Date: The earlier of the end of the Term or depletion of the Service Plan, as described in paragraph 5 below. Service Period: The period from the Commencement Date through the day before the one - year anniversary of the Commencement Date, and each one -year period (or portion thereof if this Agreement is terminated during any such one -year period) thereafter during the Term. Contract Hours: 124 hours (13 days per year 20 remote hours) Contract Rate: $143.15/hour Service Type: Standard, Advanced or Enterprise Response Time: 8 business hours remote, 2 business days onsite 2. PARTS AND AVAILABILITY. Rates quoted in this Agreement are for labor only. Parts required for any repairs that are not covered by a manufacturer's or vendor's warranty can be provided by Servicer, at a competitive rate and must be paid for in advance of ordering. Parts are usually received by Servicer within 24 hours of ordering; however, Servicer cannot guarantee the availability of parts due to manufacturers' limitation and other matters beyond the Servicer's control. 3. ADDITIONAL SERVICE. Each time a service call is made; the work to be performed must be indicated upon the initial request for service as availability before or after initial scheduled service request may be limited. Each subsequent service request must be documented as an additional service call and may be subject to the response times documented in this Service Agreement. BLOCK TIME SERVICE AGREEMENT Initials_ j 4. EMERGENCY AND OVERTIME. If service requested is to be performed outside of regular business hours (8:30 -5:30, M -F) overtime multipliers, as per "Labor Rates" document, will apply. With approval of Client on a case by case basis, subject to availability, the Servicer will provide emergency service subject to multipliers, as per above mentioned document , with improved, and if possible immediate, response time. Client acknowledges that they have reviewed "Labor Rates" document provided to Client at time of the signing of this document. S. DEPLETION OF SERVICE PLAN. If, at the beginning of or at any time during a Service Call, Servicer determines that the service required will likely deplete the amount of time remaining under the Service Plan then in existence, Servicer shall so inform the Client and the Client shall have the following options: A. Continue with the service until the Service Plan is depleted, at which point, if additional service is still required, the Client shall agree to pay to the Servicer an amount, at the undiscounted rate, that will cover the amount of the time required to complete the requested service; B. Purchase a new Service Plan and continue with service upon payment to Servicer of the amount of the Service Plan so purchased (a "Renewal Plan "); C. Discontinue service and retain any time remaining under the Service Plan, subject to paragraph 7 below. If no representative of the Client authorized to choose any of the options set forth in this paragraph 5 is available at such time as Servicer makes the determination that the service required will likely deplete the amount of time remaining under the Plan, then in existence, Servicer shall have the option of continuing service, or discontinuing service until further authorization is given by Client. 6. RENEWAL PLAN. The Client shall have the option of purchasing a Renewal Plan but terms and pricing will not necessarily match that of the current plan. 7. UNUSED TIME. If the Client does not deplete its Service Plan by the end of the Term, any time remaining in the Plan may be applied to a Service Plan, with adjustments according to updated rate, for the service following year, provided that the Client chooses a Service Plan and signs an Agreement no later than the last day of the then - current Term. The prorated portion of the unused time is non- refundable. If, at any point during the Term, the Servicer is unable or unwilling to perform their duties as per this agreement the unused prorated funds will be reimbursed to the Client. 8. CREDIT FOR DELAYED ARRIVAL. If Servicer responds to a service call more than two hours beyond its guaranteed response time, the Client will be charged the normal rate appropriate to the type of service call; however, payment for the first hour of service shall be credited against the Client's account, unless the delayed arrival was the result of a reason beyond the control of Servicer. 9. INTERMITENT CONDITIONS. A service call for a condition that is not apparent, does not recur, or cannot be duplicated by Servicer shall be charged against the time remaining in the Service Plan, 10. EXISTING WARRANTIES. If the equipment to be serviced is still covered by an existing warranty, Servicer will make every effort, to the extent permitted by the warranty, to avoid incurring charges for the labor involved in installation, or the purchase of, replacement equipment. The Client agrees to make Servicer aware of and provides information necessary for Servicer to obtain Warrantor approvals under the existing warranty at the time the Client contacts Servicer for service. 11. SOFTWARE. Servicer does not manufacture software. Servicer will install software purchased by the Client and will contact the software manufacturer, if necessary, in an effort to resolve "bugs" or 2 1 P a g e BLOCK TIME SERVICE AGREEMENT Initials compatibility issues in the software; however, Servicer disclaims all liability for the failure of any software, whether installed by the Servicer, to work properly, or for its intended purpose on the Client's network or on any individual computer of the Client. 12. LOSS OF DATA. The Client represents that it has established and regularly follows procedures for fail -safe backup of the Client's data. The Client further explicitly agrees that Servicer shall not be responsible for the integrity or existence of any data on the Client's network or on any individual computer of the Client; and that the Client will indemnify, defend and hold harmless Servicer for the corruption or loss of any data of the Client, or of any third party, whether or not caused by the negligent or intentional conduct of the Servicer. 13. INCIDENTAL AND CONSEQUENTIAL DAMAGE. The Client explicitly agrees that Servicer shall not be responsible for incidental or consequential damages arising from the Client's inability to use its network or any individual computer during any service call made by Servicer or for any loss suffered by the Client as a result of any subsequent equipment failure, without limitation. 14. INDEMNIFICAITON. In addition to, and not in limitation of, declaimers of liability made by Servicer for hardware and software damage in any other portion of this Agreement, for any hardware or software failure for which a Service Call is made by the Client to Servicer, which failure has the effect of causing loss to any third party, whether or not by delay, loss or corruption of data, loss of benefit of any contracts, or any other loss, the Client shall indemnify, defend and hold free and harmless Servicer from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, sums paid in private rights of action or in settlement of claims, legal fees, consultant fees and expert fees) which arise during or after the Term as a result of such failure. This indemnification by the Client shall include, without limitation, any and all costs incurred with respect to any these losses. 15. CLIENT'S INSURANCE. The Client represents that it has procured and maintains a policy or policies of insurance (including but not limited to sprinkler, vandalism and malicious mischief coverage) in an amount equal to one hundred percent (100 %) of the full insurance replacement value, without regard to devaluation for technology advances, of all computer hardware and software on the premises of the Client. Although Servicer will take commercially responsible measures to avoid any activity that would jeopardize or conflict with said insurance coverage maintained by Client or cause the premium charged to the Client to increase, Servicer shall not be responsible for damage, including catastrophic damage, to any of the Client's computer equipment or data. 16. CHOICE OF LAW. Client agrees that for any litigation, arbitration, or other dispute resolution arising under this Agreement, irrespective of where filed or begun, California law shall control, without regard to California choice of law statutes. 17. FAILURE OF FUND. Failure to fund a contract within the approved account terms or date designated by contract will result in acceleration of payments remaining on the contract as due immediately. Failure to fund a contract at any time during the contract period will result in a suspension of service until all amounts due on the Client account are brought current within the stated terms. 18. COLLECTION OF PAYMENT. With respect to any action by Servicer to collect payment due under this Agreement, the Client agrees to pay all costs of such collection, including, without limitation, costs of suit, expenses, and reasonable attorney's fees. 3 1 P a g e BLOCK TIME SERVICE AGREEMENT Initials _ 19. INCLUSION OF TERMS AND CONDITIONS. The Client and Servicer have agreed that the Client's standard Terms and Conditions will be included with this agreement. See Exhibit A. If any provision in Client's standard Terms and Conditions conflicts with any term or condition set forth in Servicer's Block Time Service Agreement then the provision in Client's standard Terms and Conditions shall control. 20. CHANGES /ADDENDUMS. This Agreement may not be changed unless in writing and signed by all parties hereto. Channel Islands Technology Integrators' Group, Inc. Title: Date: City of San Luis Obispo By: Title: Date: 4 1 P a g e BLOCK TIME SERVICE AGREEMENT Initials_ AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 1 _ day of __ July by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Channel Islands Technology Integrators' Group hereinafter referred to as Consultant. WITNESSETH: WHEREAS, on the City wants Channel Islands Technology Integrators' Group to provide a block of engineering hours and monthly onsite visits to assist Network Services staff with Enterprise IT projects. WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by the City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until contract expiration. 2. CITY'S OBLIGATIONS. For providing services as specified in this agreement, City will pay, and Consultant shall receive, compensation in a total sum not to exceed $17,751. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City provide all specified services as described in Exhibit A_(Consultant's Proposal) attached hereto and incorporated into this Agreement by reference. Consultant further agrees to the contract and performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement-by reference. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: Page 2 City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Consultant CITIG Attn: Ryan Newell 501 Chapala St. Suite B Santa Barbara, CA 93101 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and vear first above written. A N Ci;t9 Clerk APPRO D S TO FORM: City A orne%' CITY OF SAN LUIS OBISPO: By: :--- Jan How 1 Marx, Mayor CONSULTANT: By: CITIG 'y City Manager Report Final City Manager Approval Approver Name Date Approved City Administration Michael Codron August 27, 2015 Reviewer Routing List City Attorney Reviewer Name Jma Date Reviewed 8/14/15 August 3, 2015 FROM: Wayne Padilla, Director of Finance & Information Technology MWPj PREPARED BY. Steve Schmidt, Information Technology Manager Miguel Guardado, Network Services Supervisor SUBJECT: TECHNICAL CONSULTANT SERVICES - CITIG INC. RECOMMENDATION Approve a purchase order in the amount of $17,751 to Channel Island Technical Integrators Group (CITIG) for yearly technical consultant services for annual maintenance on the City's data network. DISCUSSION The City server infrastructure requires periodic technical maintenance for it to continue to operate at a reliable and consistently high level of performance. The server infrastructure consists of both physical and virtual servers, but the high -level performance analysis and fine - tuning of the network requires extremely skilled technical engineers. The City has relied on CITIG's engineers to perform these types of services for the past several years. SOLE SOURCE JUSTIFICATION IT Staff has worked very closely with CITIG for many years on the City's physical and virtual server infrastructure. CITIG has also been providing technical support on the City's Microsoft Exchange email servers and virtual desktop infrastructure. CITIG engineers are extremely familiar with the network and played a key role in the original design, engineering and installation of the virtual server infrastructure. IT Staff has negotiated a contract with CITIG to provide the needed technical services at a reduced rate for the current fiscal year. CITIG has agreed to lower their hourly rates to retain and continue servicing the City. As a result, IT staff recommends continuing to sole source the technical maintenance of the City network to CITIG. The attached invoices for $17,751 will provide the City with 13 onsite days (124 hours) and 20 remote hours of support. TECHNICAL CONSULTANT SERVICES - CITIG FISCAL IMPACT Page 2 Funding for this contract is available in the IT contract services budget. The line item is 100- 25300 -7227 as shown in the table below: Proposed Network Services I Purchase Contract Services CITIG Invoice Remaining Balance Budget CITIG Consultant $218,934 $17,751 $201,183 Services ALTERNATIVES Do not approve this request — Not performing the highly technical maintenance required to keep the City data network performing at its peak will result in system degradation and adversely affect user efficiency. ATTACHMENTS Form of Agreement - CITIG.doc Exhibit A - 2015 -07 -26 - Block Time Service Agreement.ndf Exhibit B - General Terms and Conditions.pdf T: \City Manager Reports\Finance & IT\Information Technology\2015 \Technical Consultant Services - CITIG \CM - CITIG Consulting Services.docx