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HomeMy WebLinkAbout25E - AGMT - IT SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2017 TITLE: AGREEMENTS FOR AS- NEEDED INFORMATION TECHNOLOGY RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: _•s T s, ❑ As Recommended ❑ As Amended ❑ Ordinance on 191 Reading ❑ Ordinance on 2n6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute seven as- needed information technology professional services agreements with the firms listed below, each for a one (1) year term expiring February 6, 2018 with the potential for three one -year renewal terms, exercisable by the City Manager and the City Attorney, for a total aggregate amount for all seven consultants, not -to- exceed $3,000,000 annually and $12,000,000 over the life of the agreements if all extensions are utilized, subject to non - substantive changes approved by the City Manager and City Attorney: • The Comdyn Group, Inc. • Scienta Consulting Group, Inc. • Softmaster, Inc. • Bunnell Enterprises (dba Total Network Solutions) DISCUSSION The Ryte Professionals, Inc. Sierra Cybernetics, Inc. Stelarum Studios, Inc. The City of Santa Ana leverages new technology to reduce costs, increase efficiency, and improve service delivery. To facilitate the adoption of new technology, the Information Technology Department utilizes professional and technical services from private sector firms on a project basis to assist in upgrading, replacing, implementing, and supporting information and communications systems. This sourcing strategy is cost - effective and responsive to our customer departments' needs. It allows the Information Technology Department to quickly acquire the specific technical expertise required for a project, while not incurring ongoing fixed costs once it is complete and the specific skills are no longer needed. Additionally, it provides a mechanism to rapidly address changing support responsibilities for critical production systems. Over the next four years, professional and technical services will be necessary to support several planned technology projects. Anticipated„pgc) include upgrading or replacement of the Agreements for As- Needed Information Technology Professional Services February 7, 2017 Page 2 following: Network infrastructure, phone system, server and storage, backup systems, land management system, enterprise resource planning systems, and City's internet and intranet system. A request for proposals (RFP) for Information Technology Professional Services was issued on November 15, 2016 and closed on December 8, 2016. The RFP documents were made available on the Purchasing Division's website. A total of 30 responses received from potential vendors, none of which were headquartered in Santa Ana. A team comprised of the Information Technology Department and a Finance and Management Services Department manager evaluated the proposals based on cost and demonstrated competence working with specific applications utilized by the City, as well as in providing other required technical services. Based on the review of the submitted proposals received, the team selected the recommended vendors. Three of the vendors, Comdyn, Softmaster, and Stellarum, currently provide services to the City and were selected to continue to be approved vendors based on their proposals. The other four vendors will be new vendors to the City. Multiple agreements are recommended to ensure a pool of qualified candidates is readily available for the Information Technology Department to quickly deliver technical services as they are needed. The City's professional services agreement will be used for each agreement with the selected vendors. A copy of the agreement is attached. The City currently has budgeted 15 full -time and part-time consultants providing services in all areas of technology including desktop support, network support, application support, and Police IT support. If this item is not approved, it would not only disrupt ongoing improvement projects, but would severely impact the ability of the Information Technology Department to provide essential operations. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #2 (establish communications plans to engage and inform employees and the community about City Activities), Strategy D (Invest in software /resources that will help streamline the flow of information to City staff and the public). FISCAL IMPACT Funds are available in the following Information Technology, Contractual Service Accounts for FY 2016 -17 in the amount of $1,000,000 and funds will be budgeted and available in FY 2017 -18 for $3,000,000, FY 2018 -19 for $3,000,000, FY 2019 -20 for $2,000,000 as follows: 25E -2 Agreements for As- Needed Information Technology Professional Services February 7, 2017 Page 3 Contract Term Accounting Unit FY 16/17 10920140 -62302 $280,000 10920143 -62302 $167,000 10920144 -62302 $100,000 10920145 -62302 $183,000 10920147 -62302 $183,000 10920148 -62302 $20,000 01114425 -62300 $67,000 TOTAL $1,000,000 4 Jack iulla Chie echnology Innovations Officer Information Technology Department FY 17/18 FY18/19 $500,000 $300,000 $550,000 $550,000 $60,000 $200,000 $3,000,000 $500,000 $300,000 $550,000 $550,000 $60,000 $200,000 $3,000,000 FY19/20 $333,000 $200,000 $367,000 $367,000 $40,000 $133,000 $2,000,000 APPROVED AS TO FUNDS AND ACCOUNTS: Y Francisco Gutierrez Executive Director Qb Finance & Management Services Agency Exhibits: 1. Agreement with Comdyn Group, Inc. 2. Agreement with The Ryte Professionals, Inc. 3. Agreement with Scienta Consulting, Inc. 4. Agreement with Sierra Cybernetics, Inc. 5. Agreement with Softmaster, Inc. 6. Agreement with Stelarum Studios, Inc. 7. Agreement with Total Network Solutions 25E -3 25E -4 Exhibit / AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 7th day of February, 2017 by The Comdyn Group, Inc., a California corporation. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 16 -140, by which it sought consultants to fiimish information technology ( "IT ") professional services on an on -call basis. B. Consultant submitted a responsive proposal that was among seven selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -140 and attached herein as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Consultant shall furnish IT professional consulting services as described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for a temporary technology service arises, the City may contact any or all of the Consultants selected for an agreement under RFP 16 -140 through the Order Process outlined in Section 2 below. 2. . ORDER PROCESS When the need for a temporary technology service arises; the City may contact any or all of the Consultants awarded an agreement pursuant to R_FP No. 16 -140. City will provide the assignment details and necessary qualifications to the Consultant and a point -of- contact for the assignment. a. The City's point -of- contact is available to answer any questions Consultant(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. b. The Consultant(s) will conduct a search (if necessary), match and qualify process skills (including technology assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. c. The Consultant(s) will provide the City's point -of- contact with resumes of qualified potential candidates. d. The Consultant(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. e. From the candidates offered by the Consultant(s), the City may elect a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in touch with the Consultant(s) to work out arrangements. 29E -5 f The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City, g. When the City has identified the candidate that it wished to engage and has notified the Consultant, the Consultant will conduct background checks, and confirm candidate availability; interest in the engagement and acceptance of the terms and conditions of the terms of engagement with the City. h, One the Consultant has completed the checks and confirmations; the Consultant will notify the City and final details will be worked out. i. The City Agreement manager will send a confirming electronic email message to the Consultant as final confirmation of the engagement. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will inform the candidate on pertinent Consultant business procedure (e.g. time reporting, requesting time off, personnel benefits, etc,) k. After an engagement starts, the Consultant will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 3. COMPENSA "PION a. Consultant is one of seven Consultants selected to provide IT professional services on an as- needed basis. Consultants have been selected pursuant to a Competitive RFP process (RFP No. 16 -140). The total funds for all IT professional services provided by all seven Consultants is a collective amount not to exceed three million dollars ($3,000,000) per year for a total collective amount not to exceed twelve million dollars ($12,000,000) if all of the extensions are utilized. Consultant understands and acknowledges the following: (1) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement, It is possible that City may not utilize Consultant's services at all; and (2) Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in the order process but not to exceed the parameters outlined in Consultant's Certification and Proposal Item Pricing' attached hereto as Exhibit B. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards ofperformance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and continue through, February 6, 2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for three (3) one (1) year periods upon a writing executed by the City Manager and the City Attorney. If the Agreement is extended, all terms and conditions, including pricing shall remain the same and apply during the extended terms. '- Exhibit C of Consultant's proposal in response to REF No. 16 -140. 2 25E -6 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultantunder this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at anytime; provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 29E -7 workers' compensation or to undertake self-insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d, if Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000;000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant. shall supply City with a fully executed additional insured endorsement, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Stich termination shall, not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. $. HOLD HARMLESS /INDEMNIFJCATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees; or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages; just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the 4 25E -8 foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under this Agreement. 10, RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 26E -9 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing_ and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702' And City Attorney City of Santa Ana 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 Fax (714) 647 -6956 To Consultant: The Comdyn Group, Inc. P.O. Box 4406 Thousand Oaks, CA 91359 Fax (805)498 -5852 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed asset forth above. If sent by fax, communication shalt be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25� -10 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. IS. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be theproperty of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. 257E -11 19, NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. BACKGROUND INVESTIGATIONS Unless exempted by the City, Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assig nient with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to beginning work with SAPD: Full name, address, phone number, birth date, Social Security number and driver's license number must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 21. OVERTIME AND HOLIDAYS The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. 22. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23, PROFESSIONAL LICENSES Consultant shall; throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 259 -12 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in tact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:66au°ga A_ i Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jack Chills Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Gerardo Monet Acting City Manager CONSULTANT: Diana Brown Vice President of Operations The Comdyn Group, Inc. 25t -13 EXHIBIT A 25E -14 EXHIBIT A • SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is soliciting proposals from qualified Proposers who can provide technology contract service personnel and consulting services on an as needed basis for a one - year period, with possible extensions of three (3) additional one -year periods. This term is subject to final approval by the Santa Ana City Council. Services under any resulting agreement will be for the Information Technology Department (ITD), ITD will administer agreement(s) resulting from this RFP. It is anticipated that the services provided through these agreements would be used in five (5) distinct manners: • Provide staff for temporary situations that do not justify the addition of regular City staff. (junior- and senior - level) • Provide temporary contract service personnel with unique technology skills to act as a technical resource to project teams for projects that do not justify the addition of regular staff. • Provide additional resources for situations that exceed the capacity of existing City staff. • Provide project -based consulting and implementation support (fixed or hourly cost). • Provide managed services based on service. (I.e., server support per server, desktop support per PC, etc.) All five (5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties. Technology contract service personnel and consultants will work individually as technical resources or as members of project teams, and will be under the overall general direction of City technology management. In certain instances, sub - projects may be contracted out. 1. OVERVIEW OF EXISTING SYSTEMS a. Infrastructure • About 40 physical Wintel -based servers and 250 + VMware virtualized servers supporting enterprise applications /services, local area networks and various department - specific applications 0 Multiple HP storage systems including Left Hand and SPAR. SAN nodes and clusters utilize !SCSI and Fiber Channel interfaces. RFP 16 -140 November 2016 25E -15 • Gigabit Ethernet fiber links through City Hall and connected annex • Multiple network segments supporting more than 24 City operating locations interconnected via a wide area network • Approximately 250 Aruba wireless access points throughout City Hall and most remote City Facilities. Wireless network access is available for City staff and guest access. Switched Ethernet backbone in City Hall connecting City Hall LANs and computer operating in the Central Computer Center Mobile Device Management system utilized to manage and secure 334 personal and City issued smartphones and tablets • The City's telecommunications network serves 22 operating locations through an AT &T network of local, T -1, Fiber Optic and OPX lines with approximately 3,352 equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773 telephone instruments. • The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAX 2400 IPX, NEAX 2000 IPX, NEAX 2000 IPS), key systems (NEAX INFOSET 408) and 32 VolP telephones plus a CENTIGRAM 640 voice processing system with 40 ports and 120 hours of storage. • The City has adopted the ANSI /EIA/TIA and NEC standards, as well as BICSI design and installation methods for all materials, installation, testing, configuration and documentation of the City telecommunications infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b. Applications • Infor Lawson financial application • Highline FIR/Payrotl application • Laset-[iche document management • ESRI GIS • Cherwell ITSM • IVOS Workers' Compensation • Tdtech CAD and RMS • iNovah cashiering • Systems and Software's enQuesta CIS • Drupal CMS • Various .NET -based homegrown applications • Various Microsoft Access -based applications c. Desktop /Mobile. • Approximately 2,000 Dell desktop and laptop computers • Approximately 300 Apple Whone, Apple iPad and Samsung Galaxy devices RFP 16 -140 November 2016 25E -16 12 2. SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perform assignments of varying length. Multiple pre - approved Proposers may be contacted to propose resources and a quote for a requested assignment/project. In response to requests from the Information Technology Department, the Proposer(s) shall: a. Research their roster of personnel and /or recruit for potential candidates. b. Screen available candidates in order to match technology skills and work experience with requirements of the City job assignments. c. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience and education) and their charge (i.e. bill) rates. f. Upon the City's conditional acceptance of a candidate, conduct background checks (See Section 6.1 for details). g. After a candidate has been accepted but prior to beginning the engagement, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) h. After an engagement starts, monitor their personnel /s' performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. 3. PROPOSER RESPONSIBILITIES a. Proposer(s) will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. (See Section 6.13 for details). b. Proposer(s) will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sole discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. c. Proposer(s) will provide training and education programs for their personnel on assignment with the City. This is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. Proposer(s) will provide programs that will promote the retention of their personnel on assignment with the City. PFP 16 -140 November 2016 25E -17 IN 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of: • Application& Development Services • Telecommunications Services • User Support Services • Business / Application / Project Consulting Services • Technology Operations &Support Services Specific abilities required will vary depending on the operations and projects involved. Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City. Table 1, below, shows a sample of technology- related positions by category for which the City may seek Proposer(s) to provide contract service personnel. This list is not exhaustive or fixed. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre - engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. The City does not require that each Proposer be able to provide candidates for all the range and depth of technology job positions covered by this RFP. Each Proposer will be asked in its proposal to identify the technology category or categories for which it can provide qualified candidates or consulting services to the City. RFP 16 -140 November 2016 25E -18 14 Table 1 - Potential Technology Specialties by Category (caution: List i5 not nomprenensmei Applications & Development Services • Systems Architect and Engineer • Systems Analyst • Programmer /Developer (MS Windows Visual Studio and SQL for client/server environment) • Web Developer(.NET /PHP) • Database Administrator (MS SOL) • Document Imaging Application Specialist • Business Intelligence Specialist • Mobile App developer (iOS & android OS) Telecommunications Services • Telephone System Administrator • Telephone System Engineer • Voice System Engineer (Centigram) • Cabling Installer User Support Services • Help Desk Specialist • IT Support Specialist (Desktop) • Mobility Technology Coordinator • IT Support Intern RFP i6 -140 November 2016 Business / Application / Project Consulting Services • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Project Lead (for software development project) • Technology Consultant for specialized application (See Section Aabove, e.g., Lawson, HighLine, etc.) • System Evaluation & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture / Planning Engineer + Network Engineer (Cisco) + Network Security Engineer (Cisco) • Network Specialist — LAN Administrator (Cisco) • MS Exchange Engineer • Anti -Virus & Anti -SPAM Services. Administrator • Data Center Engineer (HP servers, Win OS, VMware, HP SAN) • Wireless infrastructure. Engineer (Aruba) 25E -19 iFF S. ORDER PROCESS When a need for temporary technology contract services or consulting arises, the City may contact any or all of the Proposer(s) (those Proposers selected and awarded an agreement) a, The City will provide the assignment details and necessary qualifications to the Proposer(s) and a point -of- contact for the assignment. b, The City's point -of- contact is available to answer any questions Proposer(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. c. The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. d. The Proposer(s) will provide the City's point -of- contact with resumes of qualified potential candidates. e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. f. From the candidates offered by Proposer(s), the City may elect to conduct a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get In touch with the Proposer(s) to work out the arrangements. g. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. h. When the City has identified a candidate that it wishes to engage and has notified the Proposer, the Proposer will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of an engagement with the City. I. Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and final details will be worked out. j. The City agreement manager will send a confirming electronic mail message to the Proposer as final confirmation of the engagement. k. After a candidate has been accepted but prior to beginning the engagement, the Proposer will inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) I. After an engagement starts, the Proposer will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 6. TERMS & CONDITIONS The following terms and conditions will be included in any subsequent agreement with the City, These terms and conditions are being repeated in this RFP due to their special impact in defining a contractual relationship between prospective Proposer(s) and the City. 6.1 Background Investigations Unless exempted by the City, Proposer(s) will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPD background investigation prior to beginning work with SAPD, Full name, address, phone number, birth date, Social Security number and driver's license number RFP 16 -140 November 2016 16 25E -20 must be furnished to the City upon request. An application for SAPID background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 6.2 Certificate of Insurance Proof of insurance is NOT required to be submitted with the proposal, but it will be required prior to the City's award of any Agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Sample Agreement (See Appendix B) and in the Sample Insurance Forms (See Appendix G). Proposals should be based on 'full and complete compliance with all parts and directions relating to these insurance requirements. 6.3 City Responsibilities There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. 6.4 Cancellation The agreement may be cancelled by either party with 30 days' written notice. 6.5 Contract Service Personnel & Consultants This Agreement shall not render the Contract Service Personnel and Consultants an employee, partner, agent of or joint venturer with the City for any purpose. Any Contract Service Personnel and Consultant is and will remain an independent contractor in (his or her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Service Personnel's and Consultant's compensation hereunder. The Contract Service Personnel and Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. 6.6 Documents to Be Construed Together The Request for Proposals, the Proposal and all documents referred to in the complete specifications and the Agreement to be entered into between the Proposer and the City, and all modifications of said documents, shall be construed together as one document. 6.7 Errors and Omissions Proposer(s) shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and called in a timely manner to the attention of the City, 6.6 Evidence of Financial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable them to fulfill this Agreement. 6.9 Firm Commitment of Availability of Service Once a proposal is opened, a Proposer is otherwise expected to maintain an availability of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals. RFP 16 -140 November 2016 25E -21 17 6.10 Intellectual Property Rights All work performed by temporary contract service personnel /consultants for the City becomes the sole property of the City of Santa Ana, and the City retains all rights to that work. 6.11 Invoices Proposer(s) will submit invoices upon completion of work performed. As a basis for payment of invoices, temporary staff /consultants must provide Proposer(s) with a timesheet for each billing period, signed by their City of Santa Ana supervisor, This timesheet must show the project assignments during the billing period and hours worked for each project. All invoices submitted for payment must show the breakdown of hours actually worked for each individual according to their timesheets. The City will pay invoices within 30 days after approval by the City Agreement administrator, No purchase orders will be issued. 6.12 Labor and Wage Requirements The Proposer shall be fully responsible for ensuring: a) The payment of all salaries, wages, bonuses, Social Security, Workers' Compensation taxes, Federal and State Unemployment Insurance, and any and all taxes relating to the personnel furnished under this agreement. b) Withholding State and Federal Income taxes c) F.I.C.A. taxes d) Providing Workers' Compensation for its personnel e) Compliance with all other laws relating to employees and contract personnel, such as wage and hour laws, safety and health requirements, and collective bargaining laws. 6.13 Orders The City does not guarantee any specific number of hours or assignments will be made during the life of this agreement. City requirements for temporary services not specified in this proposal will be contracted on the open market in the customary manner. Proposer(s) will be required to provide some mutually acceptable means for the City to contact them during normal business hours of 8:00 a.m. to 5 p.m. Pacific Time, Monday through Friday. 6.14 Overtime and Holidays The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. RFP 16 -140 November 2016 18 25E -22 The following are City Holidays • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day (2 days) • Christmas Eve • Christmas Day 7, SUPPLEMENTAL QUESTIONS Proposer must include: a. Short summary description of the organization b. Short summary description of the ownership c. Description of the major service offered by the Proposer's firm d. List of acceptable invoicing frequencies. (i.e., weekly, bi- weekly, semi - monthly, monthly) e. The number of years that the Proposer has been in the business of providing temporary technology contract service personnel and /or consulting services of the kind sought by the City. (If company name or ownership has changed of the period cited, please note and explain.) I. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and/or consulting services g. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and /or consulting h. Confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and any resulting agreement including all administrative and billing procedures of the City i. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability j. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer. These resumes will not be used to rate potential candidates.) k. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify,) I. List of any unique qualifications and /or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology RFP 16-140 November 2016 19 25E -23 fields /specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly - qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc. These are examples only and not mandatory services or qualifications, m. Description of Proposer's methods used to Identify potential candidates n. Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment o. Description of Proposer's methods used to assess and confirm candidate's technology skills /knowledge, experience, work habits, interpersonal skills, etc. p. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment q. Description of the quality (as opposed to quantity) of the candidates within a job assignment (e.g. City seeks senior network engineer) that the Proposer can provide r. Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City s. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City t. Description of any programs and benefits provided by the Proposer to its Contract Service Personnel and Consultants engaged with the City that ensure their retention for the period required by the City u. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to become a City employee. If there is a minimum amount of contract time that would' need to occur, specify that amount of time (e.g, After six months of placement, Contract Service Personnel may be hired without any penalties, etc.). RFP 16 -140 November 2016. 25E -24 20 EXHIBIT B 25E -25 EXHIBIT C - PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING CITY OF SANTA ANA. REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. 1, APPLICATION /TECHNOLOGY- SPECIFIC PRICING Complete this table if your organization consists of permanent employees who specialize in a specific application or technology and have fixed standard pricing. For example, you may provide a Lawson Technical resource or a HighLine functional resource. These should be actual committed rates that would good for the entire term of the agreement, including the optional renewals. Onsito rates "should be fully inclusive of all travel costs. Add as many rows as necessary Application /Technology Resource Type hourly Rate Oflsite tto travel Hourly Rate Onsite Inc travel Minimum Hours The Con7dyn Group does not _ maintain permanent employees on the bench and therefore we are not limited to specific skill sets or technologies. We also have a database of Highly qualified andidates that offer a wide variety of expertise who we maintain contact with for their availability. 2. GENERAL STAFFING PRICING Complete these tables if your organization hires temporary employees or subcontractors to fill assignments (staffing firm model) for each of the Technology Specialties listed in Table 1, Exhibit A, Section 4. For example, you may provide a System Analyst or a Network Engineer. Estimated Rates These rates are just estimates based on current engagements that you have. Actual rates will be quoted at the time of order placement per the process described in Exhibit A, Section 5. Add as many Crows as necessary, 27 25E -26 Technology Specialty Estimated Hourly Rate Offslte no travel Estimated Hourly Rate 2!1 inc.travel _ Minimum Hours St, Network Engineer $70- 93 /hr. NfA 401E, av . Systems Administrator $40- 85 /hr, N/A 40 hr. av Sr. S stems ineer $70- 93 /hr. N/A 40 lu'. av . atacenter/Network Operations $70- 95 /hr. N/A 40 hr. avg. Markup Percentages This reflects the markup percentages used by your firnl to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource, Since this scenario requires additional marketing costs, it is expected the markup will be higher, The second row should reflect the markup if a resource has already been identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 employee and Corp-to-Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the entire term of the agreement, including optional renewals. Technology Specialty W2 Employee Corp- toCorp Est. Hours Until Rate Drops Markup % Markup % to Identified Resource Marko % * ro oser Found Resource 33% 17.4% N/A dentifiedResource 25% 17.4% N/A * To be determined at acceptance of candidate COMPANX Box 4406. Thousand Oaks, CA 91359 Diana NAME OF A V r AND FAX Vice Al OF 9fTHORIZED AGENT DATE 'E -MAIL ADDRESS FEDERAL TD NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS DORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 16 -140 November 2016 28 25E -27 25E -28 Exhibit 2 AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 7th day of February, 2017 by The RyTE Professionals, Inc., a California corporation. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. On November IS, 2016, the City issued Request for Proposal No. 16 -110, by which it sought consultants to famish information technology ( "IT ") professional services on an on -call basis. B. Consultant submitted a responsive proposal that was among seven selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -140 and attached herein as Exhibit A. C. In undertaking the perfonnance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the teens and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Consultant shall furnish IT professional consulting services as described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for a temporary technology service arises, the City may contact any or all of the Consultants selected for an agreement under RFP 16 -140 through the Order Process outlined in Section 2 below. 2. ORDER PROCESS When the need for a temporary technology service arises, the City may contact any or all of the Consultants awarded an agreement pursuant to RFP No. 16 -140. City will provide the assignment details and necessary qualifications to the Consultant and a point -of- contact for the assignment. a. The City's point -of- contact is available to answer any questions Consultant(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. b. The Consultant(s) will conduct a search (if necessary), match and qualify process skills (including technology assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. C. The Consultant(s) will provide the City's point -of- contact with resumes of qualified potential candidates. d. The Consultant(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. e. From the candidates offered by the Consultant(s), the City may elect a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in touch with the Consultant(s) to work out arrangements. 25t -29 f. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. g. When the City has identified the candidate that it wished to engage and has notified the Consultant, the Consultant will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terns and conditions of the terms of engagement with the City. h. One the Consultant has completed the checks and confirmations, the Consultant will notify the City and final details will be worked out. is The City Agreement manager will send a confirming electronic email message to the Consultant as final confirmation of the engagement. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will infbrn the candidate on pertinent Consultant business procedure (e.g, time reporting, requesting time off, personnel benefits, etc.) k. After an engagement starts, the Consultant will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 3. COMPENSATION a. Consultant is one of seven Consultants selected to provide IT professional services on an as- needed basis. Consultants have been selected pursuant to a competitive RFP process (RFP No. 16 -140). The total funds for all IT professional services provided by all seven Consultants is a collective amount not to exceed three million dollars ($3,000,000) per year for atotal collective amount not to exceed twelve million dollars ($12,000,000) if all of the extensions are utilized. Consultant understands and acknowledges the following: (1) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. It is possible that City may not utilize Consultant's services at all; and (2) Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in the order process but not to exceed the parameters outlined in Consultant's Certification and Proposal Item Pricing' attached hereto as Exhibit B. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and continue through, February 6, 2018, unless terminated earlier in accordance with Section 17, below. The tern of this Agreement may be extended for three (3) one (1) year periods upon a writing executed by the City Manager and the City Attorney. If the Agreement is extended, all terms and conditions, including pricing shall remain the same and apply during the extended terms, !- Exhibit C of Consultant's proposal in response to RFP No. 16-140. 259 -30 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. G. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible mediwn of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 251=--31 workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees; consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the 259 -32 foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willfid misconduct of the Consultant 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. H. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally; visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is„ through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or 25L -33 certified mail, postage prepaid; or sent by fax or other telegraphic communication in the manner provided in this Section, to the fallowing persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copies to: Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 F.V11 City Attorney City of Santa Ana 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 Fax (714) 647 -6956_ To Consultant: The RyTE Professionals, Inc. 4699 Montefino Drive Cypress, CA 90630 Fax (714) 821 -0009 A party may change its address by giving notice in writing to the other patty. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The patties agree that any terms or 25E�- 34 conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the teens and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. IS. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (3 0) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of tennination, subject to the following conditions: a. As a condition of such payment, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. 19. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recntitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity 25r:-35 employer and shall comply with all applicable federal, state and local laws and regulations. 20. BACKGROUND INVESTIGATIONS Unless exempted by the City, Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to begirming work with SAPD. Full name, address, phone number, birth date, Social Security number and driver's license number must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 21. OVERTIME AND HOLIDAYS The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. 22. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance; and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits; approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination of this Agreement. 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 259 -36 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _� A , iAo4 n' Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jack Ciulla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Gerardo Monet Acting City Manager CONSULTANT: Wende Morishige President The RyTE Professionals, Inc. 25t -37 EXHIBITA 25E -38 EXHIBIT A - SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is soliciting proposals from qualified Proposers who can provide technology contract service personnel and consulting services on an as needed basis for a one - year period, with possible extensions of three (3) additional one -year periods. This term is subject to final approval by the Santa Ana City Council. Services under any resulting agreement will be for the Information Technology Department (ITD). ITD will administer agreement(s) resulting from this RFP. It is anticipated that the services provided through these agreements would be used in five (5) distinct manners: • Provide staff for temporary situations that do not justify the addition of regular City staff. (junior- and senior - level) • Provide temporary contract service personnel with unique technology skills to act as a technical resource to project teams for projects that do not justify the addition of regular staff. • Provide additional resources for situations that exceed the capacity of existing City staff. • Provide project -based consulting and Implementation support (fixed or hourly cost). • Provide managed services based on service. (i.e., server support per server, desktop support per PC, etc.) All five (5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties. Technology contract service personnel and consultants will work individually as technical resources or as members of project teams, and will be under the overall general direction of City technology management. In certain instances, sub - projects may be contracted out. 1. OVERVIEW OF EXISTING SYSTEMS a. Infrastructure • About 40 physical Wintei -based servers and 250 + VMware virtualized servers supporting enterprise applications /services, local area networks and various department- specific applications • Multiple HP storage systems including Left Hand and 3PAR. SAN nodes and clusters utilize iSCSI and Fiber Channel interfaces. RFP 16 -140 November 2016 25E -39 11 • Gigabit Ethernet fiber links through City Hall and connected annex • Multiple network segments supporting more than 24 City operating locations interconnected via a wide area network • Approximately 250 Aruba wireless access points throughout City Hall and most remote City facilities. Wireless network access is available for City staff and guest access. • Switched Ethernet backbone in City Hall connecting City Hall LANs and computer operating in the Central Computer Center • Mobile Device Management system utilized to manage and secure 334 personal and City issued smartphones and tablets • The City's telecommunications network serves 22 operating locations through an AT &T network of local, T -1, Fiber Optic and OPX lines with approximately 3,352 equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773 telephone instruments. • The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAR 2400 IPX, NEAX 2000 IPX, NEAX 2000 IPS), key systems (NEAX INFOSET 408) and 32 VoIP telephones plus a CENTIGRAM 640 voice processing system with 40 ports and 120 hours of storage. • The City has adopted the ANSI /EIA/TIA and NEC standards, as well as BJCSI design and installation methods for all materials, installation, testing, configuration and documentation of the City telecommunications infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b. Applications • Infor Lawson financial application • Highline HR/Payroll application • Laserfiche document management • ESRI GIS • Cherwell USM • IVOS Workers' Compensation • Tritech CAD and RMS • iNovah cashiering • Systems and Software's enQuesta CIS • Drupal CMS • Various .NET -based homegrown applications • Various Microsoft Access -based applications c. Desktop /Mobile. • Approximately 2,000 Dell desktop and laptop computers • Approximately 300 Apple iPhone, Apple iPad and Samsung Galaxy devices RFP 16 -140 November2016 25E -40 IPA 2. SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perform assignments of varying length, Multiple pre - approved Proposers may be contacted to propose resources and a quote for a requested assignment/project. In response to requests from the Information Technology Department, the Proposer(s) shall: a. Research their roster of personnel and /or recruit for potential candidates. b. Screen available candidates in order to match technology skills and work experience with requirements of the City job assignments. c. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the information Services Division with resumes of screened qualified candidates (identifying skills, work experience and education) and their charge (i,e. bill) rates. f. Upon the City's conditional acceptance of a candidate, conduct background checks (See Section 6.1 for details). g. After a candidate has been accepted but prior to beginning the engagerent, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) h. After an engagement starts, monitor their personnels' performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. 3. PROPOSER RESPONSIBILITIES a. Proposer(s) will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. (See Section 6.13 for details). b. Proposer(s) will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sole discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. c. Proposer(s) will provide training and education programs for their personnel on assignment with the City. This is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City, Proposer(s) will provide programs that will promote the retention of their personnel on assignment with the City. nFP 16,140 November 2016 25E -41 13 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of: • Application & Development Services • Telecommunications Services • User Support Services • Business / Application / Project Consulting Services • Technology Operations & Support Services Specific abilities required will vary depending on the operations and projects involved. Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City. Tabled, below, shows a sample of technology - related positions by category for which the City may seek Proposer(s) to provide contract service personnel. This list is not exhaustive or fixed. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre- engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. The City does not require that each Proposer be able to provide candidates for all the range and depth of technology job positions covered by this RFP. Each Proposer will be asked in its proposal to identify the Technology category or categories for which it can provide qualified candidates or consulting services to the City. RFP 18140 November 2016 25E -42 14 Table 1 -Potential Technology Specialties by Category (Caution: List is not comprehensive) Applications & Development Services • Systems Architect and Engineer • Systems Analyst • Programmer/Developer (MS Windows Visual Studio and SQL for client /server environment) • Web Devoloper (.NET /PHP) • Database Administrator (MS SQL) • Document Imaging Application Specialist • Business intelligence Specialist • Mobile App developer (IOS & android OS) Telecommunications Services • Telephone System Administrator • Telephone System Engineer • Voice System Engineer (Centigram) • Cabling Installer User Support Services • Help Desk. Specialist • IT Support Specialist (Desktop) • Mobility Technology Coordinator • IT Support Intern RFP 16 -140 November 2016 Business / Application / Project Consulting Services • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Project Lead (for software development project) • Technology Consultant for specialized application (See Section A above, e.g., Lawson, Highl-re, etc.) • System Evaluation & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture / Planning Engineer • Network Engineer (Cisco) • Network Security Engineer (Cisco) • Network Specialist— LAN Administrator (Cisco) • MS Exchange Engineer • Anti -Virus & Anti -SPAM Services Administrator • Data Center Engineer (HP servers, Win OS, VMware, HP SAN) • Wireless infrastructure Engineer (Aruba) 25E -43 15 5. ORDER PROCESS When a need for temporary technology contract services or consulting arises, the City may contact any or all of the Proposer(s) (those Proposers selected and awarded an agreement) a. The City will provide the assignment details and necessary qualifications to the Proposer(s) and a point -of- contact for the assignment.. b. The City's point -of- contact is available to answer any questions Proposer(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. c, The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. d. The Proposer(s) will provide the City's point -of- contact with resumes of qualified potential candidates. e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. f. From the candidates; offered by Proposer(s), the City may elect to conduct a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in touch with the Proposer(s) to work out the arrangements. g. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. h. When the City has identified a candidate that it wishes to engage and has notified the Proposer, the Proposer will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of an engagement with the City. L Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and final details will be worked out. j. The City agreement manager will send a confirming electronic mail message to the Proposer as final confirmation of the engagement. k. After a candidate has been accepted but prior to beginning the engagement, the Proposer will inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) I. After an engagement starts, the Proposer will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 6. TERMS & CONDITIONS The following terms and conditions will be included in any subsequent agreement with the City. These terms and conditions are being repeated in this RFP due to their special impact in defining a contractual relationship between prospective Proposer(s) and the City. 6.1 Background Investigations Unless exempted by the City; Proposer(s) will conduct a background check an each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPD background investigation prior to beginning work with SAPD. Full name, address, phone number, birth date, Social Security number and driver's license number RFP 16.140 November 2016 25E -44 V must be furnished to the City upon request. An application for SAPID background must be completed by each prospective contract service person who will be providing on -site services to SAPID, 6.2 Certificate of Insurance Proof of insurance is NOT required to be submitted with the proposal, but it will be required prior to the City's award of any Agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Sample Agreement (See Appendix 6) and in the Sample Insurance Forms (See Appendix O). Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. 6.3 City Responsibilities There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. 6.4 Cancellation The agreement may be cancelled by either party with 30 days' written notice. 6.5 Contract Service Personnel & Consultants This Agreement shall not render the Contract Service Personnel and Consultants an employee, partner, agent of or joint venturer with the City for any purpose. Any Contract Service Personnel and Consultant is and will remain an independent contractor in (his or her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Service Personnel's and Consultant's compensation hereunder. The Contract Service Personnel and Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. 6.6 Documents to Be Construed Together The Request for Proposals, the Proposal and all documents referred to in the complete specifications and the Agreement to be entered into between the Proposer and the City, and all modifications of said documents, shall be construed together as one document. 6.7 Errors and Omissions Proposer(s) shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and called in a timely manner to the attention of the City. 6.6 Evidence of Financial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable them to fulfill this Agreement. 6.8 Firm Commitment of Availability of Service Once a proposal is opened, a Proposer is otherwise expected to maintain an availability of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals. nFP 16 -140 November 2016 25E -45 17 6.10 Intellectual Property Rights All work performed by temporary contract service personnel /consultants for the City becomes the sole property of the City of Santa Ana, and the City retains all rights to that work. 6.11 Invoices Proposer(s) will submit invoices upon completion of work performed. As a basis for payment of invoices, temporary staff /consultants must provide Proposer(s) with a timesheet for each billing period, signed by their City of Santa Ana supervisor. This timesheet must show the project assignment /s during the billing period and hours worked for each project. All invoices submitted for payment must show the breakdown of hours actually worked for each individual according to their timesheets. The City will pay invoices within 30 days after approval by the City Agreement administrator. No purchase orders will be issued. 6.12 Labor and Wage Requirements The Proposer shall be fully responsible for ensuring: a) The payment of all salaries, wages, bonuses, Social Security, Workers' Compensation taxes, Federal and State Unemployment Insurance, and any and all taxes relating to the personnel furnished under this agreement. b) Withholding State and Federal Income taxes c) F:LC,A. taxes d) Providing Workers' Compensation for its personnel e) Compliance with all other laws relating to employees and contract personnel, such as wage and hour laws, safety and health requirements, and collective bargaining laws. 6.13 Orders The City does not guarantee any specific number of hours or assignments will be made during the life of this agreement. City requirements for temporary services not specified in this proposal will be contracted on the open market in the customary manner. Proposer(s) will be required to provide some mutually acceptable means for the City to contact them during normal business hours of 8:00 a.m. to 5 p.m. Pacific Time, Monday through Friday. 6.14 Overtime and Holidays The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. RFP 16 -140 November 2016 25E -46 18 The following are City Holidays: • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day (2 days) • Christmas Eve • Christmas Day 7. SUPPLEMENTAL QUESTIONS Proposer must include: a. Short summary description of the organization b. Short summary description of the ownership c. Description of the major service offered by the Proposer's firm d. List of acceptable invoicing frequencies. (i.e., weekly, bi- weekly, semi - monthly, monthly) e. The number of years that the Proposer has been in the business of providing temporary technology contract service personnel and /or consulting services of the kind sought by the City. (if company name or ownership has changed of the period cited, please note and explain.) f. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and /or consulting services g. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and /or consulting h. Confirmation of the Proposers willingness and capability to agree to and to follow the terms and processes outlined in this RFP and any resulting agreement including all administrative and billing procedures of the City L Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability j. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer, These resumes will not be used to rate potential candidates.) k. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) I. List of any unique qualifications and /or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology RFP 16 -140 November 2016 19 25E -47 fields /specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly - qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc. These are examples only and not mandatory services or qualifications. m. Description of Proposer's methods used to identify potential candidates n. Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment o. Description of Proposer's methods used to assess and confirm candidate's technology skills /knowledge, experience, work habits, interpersonal skills, etc. p. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment q. Description of the quality (as opposed to quantity) of the candidates within a job assignment (e.g. City seeks senior network engineer) that the Proposer can provide r. Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City s. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City t. Description of any programs and benefits provided by the Proposer to its Contract Service Personnel and Consultants engaged with the City that ensure their retention for the period required by the City u. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to become a City employee. If there is a minimum amount of contract time that would need to occur, specify that amount of time (e.g, After six months of placement, Contract Service Personnel may be hired without any penalties, etc.). RFP 16 -140 November 2616 25E -48 20 EXHIBIT 25E -49 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. THE RyTE Professionals has read, understand and agrees to the terms and conditions of this Request for Proposal, and agrees to the terms above. 1. APPLICATION /TECHNOLOGY- SPECIFIC PRICING Complete this table if your organization consists of permanent employees who specialize in a specific application or technology and have fixed standard pricing. For example, you may provide a Lawson Technical resource or a HighLine functional resource. These should be actual committed rates that would good for the entire term of the agreement, including the optional renewals. Onsite rates should be fully inclusive of all travel costs. Add as many rows as necessary. THE RyTE Professionals does not hire permanent employees. 2. GENERAL STAFFING PRICING Complete these tables if your organization hires temporary employees or subcontractors to fill assignments (staffing firm model) for each of the Technology Specialties listed in Table 1, Exhibit A, Section 4. For example, you may provide System Analyst or a Network Engineer. Estimated Rates These rates are just estimates based on current engagements that you have. Actual rates will be quoted at the time of order placement per the process described in Exhibit A, Section 5. Add as many rows as necessary. See table below for Technology Specialty. These rates reflect current consultants on assignment in these specific skillsets, THE RyTE Professionals does not have a "Technology Specialty', such as SAP or LAWSON, but rather specializes in finding consultants with specific skill sets as needed by our clients. If the City of Santa Ana needs a Lawson Developer, for example, we would engage a search on our current database, as well as network in the appropriate areas to find these skilisets. 21 25E -50 RYYE Pros �I ib� , 1W 4699 Montefino Drive Cypress CA 90630 Main Tine 714.821,6699 Fax 714.821,0009 rytepros,com Technology Specialty Estimated Hourly Rate Estimated Hourly Rate Minimum Hours Offsite, no travel Onsite. Inc., travel Applications & Development Services Systems Architect and Engineer $85.00 - $110.00 $85.00 - $110,00 40 hours Systems Analyst $70.00 - $85.00 $70000 - $85.00 40 hours Programmer /Developer (MS Windows Visual Studio and SQL for client/server environment) $60.00 - $85.00 $60.00 - $85.00 40 hours Web Developer .NETIPHP $65.00 - $85.00 $65.00 - $85.00 40 hours Database Administrator MS SQL $80.00 - $100.00 $80.00 - $100.00 40 hours Document Imaging Application Specialist $65.00 - $85.00 $65.00 - $85.00 40 hours Business Intelligence Specialist $80.00 - $95.00 $85.00 - $95.00 40 hours Mobile Apps developer (IOS and Android OS $70.00 - $95.00 $70.00 - $95.00 40 hours Telecommunications Services Telephone Systems Administrator N/A N/A 40 hours Telephone System Engineer N/A N/A 40 hours Voice System En ineer Centi ram N/A N/A 40 hours Cabling Installer N/A N/A User Support Services Help Desk Specialist $25.00 - $45.00 $25.00 - $45.00 40 hours IT Support Specialist Desktop $25.00 - $45.00 $25.00 - $45.00 40 hours .-Mobility Technology Coordinator $45.00 - $65.00 $45.00 - $65.00 40 hours ITSupport Intern $20.00 - $30.00 $20.00 - $30.00 40 hours Business /ApplicationlPro'ect Consulting Services IT Business Analyst (with municipal government experience $70.00 - $85.00 $70.00 - $85.00 40 hours Project Lead (for deployment of purchased software application) $80.00 - $90.00 $80.00 - $90.00 40 hours Technology Consultant for specialized application $80.00 - $110.00 $80.00 - $110.00 40 hours System Evaluation & Selection Consultant $80.00 - $95.00 $80.00 - $95.00 40 hours Business Analyst $65.00 - $85.00 $65.00 - $85.00 40 hours Project Coordinator $50.00 - $75.00 $50.00 - $75.00 40 hours Program Manager $85.00 - $110.00 $85.00 - $110.00 40 hours Project Mana er $85.00 - $110.00 $II5.00 - $110.00 40 hours 22 25E -51 �•J`� BYTE Pros '7bp fly4E f"�'nKivsgWW�ri.*fi *'' 4699 Montefino Drive Cypress, CA 90630 Main line: 714.821.6699 Fax 714.821.0009 rytepros.com Technology Operations & Support Services Infrastructure Architecture/Planning En ineer $85.00 - $110.00 $85.00 - $110.00 Network En ineer Cisco $70.00 - $95.00 $75.00 - $95.00 Network securlt�Engi eer (Cisco) $65.00 - $80.00 $65.00 - $80.00 MS Exchange Engineer _ $65.00 - $80.00 $65.00 - $80.00 Anti Virus & Anti SPAM Services Administrator $60.00 - $75.00 $60.00 - $75.00 Data Center Engineer (HP servers, Win OS, Vmware, HP Sant $65.00 - $85.00 $75.00 - $95.00 :940hours Wireless Infrastructure En ineer Aruba $70.00 - $95.00 $75.00 - $95,00 The above rates represent our consultants' range of rates currently on assignment. We currently have over 100 consultants working for THE RyTE Professionals, These range from junior to senior levels. We will make every effort to meet the City of Santa Ana's rates and requests and hopes to be favorably reviewed. If there is N/A in the box, we currently do not have those skillsets working for us. 23 25E -52 FiyTE Pros The 1�y Tg Markup Percentages 4699 Montefino Drive Cypress, CA 90630 Main line: 714.821.6699 Fax: 714.821.0009 rytepros,com This reflects the markup percentages used by your firm to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markup will be higher. The second row should reflect the markup if a resource has already been identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 employee and Corp -to -Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the entire term of the agreement, including optional renewals. Technology Specialty W2 Employee Corp -to -Corp Est. Hours Until Rate " Markup % Markup % Drops to Identified Resource Markup % Proposer Found Resource 35% 20 % N/A Identified Resource 30 %* 15 %* N/A I o oe aetermmed at acceptance of candidate * Please note: Due to California tax laws and mandates in place, markup must include adjustments for this. Depending on the rate, W SWS2, Inc. /DBATHE RyTE Professionals our payroll or Identified Resource this markup could fluctuate to a lesser 714.821.6699/714.821.0009 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 4699 MONTEFINO DRIVE, CYPRESS, CA 90630 BUSINESS ADDRESS WENDE MORISHIGE PRESIDENT PRINTED NAME OF AUTHORIZED AGENT TITLE wende(cr)rvtepros com SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 24 25E -53 25E -54 Exhibit 3 AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 7th day of February, 2017 by Scientia Consulting Group, Inc., a California corporation. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized aid existing under the Constitution and laws of the State of California ( "City „) RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 16 -140, by which it sought consultants to furnish information technology ( "IT ") professional services on an on -call basis. B. Consultant submitted a responsive proposal that was among seven selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16-140 and attached herein as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1, SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Consultant shall furnish IT professional consulting services as described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though frilly set forth herein. When the need fora temporary technology service arises, the City may contact any or all of the Consultants selected for an agreement under RFP 16 -140 through the Order Process outlined in Section 2 below. 2. ORDER PROCESS When the need for a temporary technology service arises, the City may contact any or all of the Consultants awarded an agreement pursuant to RFP No. 16 -140. City will provide the assignment details and necessary qualifications to the Consultant and a point -of- contact for the assignment. a. The City's point -of- contact is available to answer any questions Consultant(s) may have on the assignment, the qualifications, experience/skill level needed, desired pay rate, etc. b. The Consultant(s) will conduct a search (if necessary), match and qualify process skills (including technology assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. C. The Consultant(s) will provide the City's point -of- contact with resumes of qualified potential candidates. d. The Consultant(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. e. From the candidates offered by the Consultant(s), the City may elect a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in 1 25E -55 touch with the Consultant(s) to work out arrangements. f. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. g. When the City has identified the candidate that it wished to engage and has notified the Consultant, the Consultant will conduct background checks, and confirm candidate availabihty, interest in the engagement and acceptance of the terms and conditions of the terins of engagement with the City. h. One the Consultant has completed the checks and confirmations, the Consultant will notify the City and final details will be worked out. i. The City Agreement manager will send a confirming electronic email message to the Consultant as final confirmation of the engagement. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will inform the candidate on pertinent Consultant business procedure (e.g. time reporting, requesting time off„ personnel benefits, etc.) k. After an engagement starts, the Consultant will monitor their personnel's perd'ornance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 3. COMPENSATION a. Consultant is one of seven Consultants selected to provide IT professional services on an as- needed basis. Consultants have been selected pursuant to a competitive RFP process (RFP No. 16 -140). The total funds for all IT professional services provided by all seven Consultants is a collective amount not to exceed three million dollars ($3,000,000) per year for atotal collective amount not to exceed twelve million dollars ($12,000,000) if all of the extensions are utilized. Consultant understands and acknowledges the following; (1) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. It is possible that City may not utilize Consultant's services at all; and (2) Consultant shalt be paid only for actual services performed under this Agreement at the rates and charges identified in the order process but not to exceed the parameters outlined in Consultant's Certification and Proposal Itern Pricing' attached hereto as Exhibit B. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards ofperfonnance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and continue through, February 6, 2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for three (3) one (1) year periods upon a writing executed by the City Manager and the City Attorney. If the Agreement is extended, all terms and conditions, including pricing shall remain the same and apply during the extended terns. ' Exhibit C of Consultant's proposal in response to RFP No, 16 -140. 2 25E -56 S. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. e. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 25L -57 workers' compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is In force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification ofterrnination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. HOLD HARMLESS /INDEMNIFICATION To the fullest extent permitted bylaw, Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury; damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.. Consultant's 4 25E -58 indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782, 8, to claims that arise out of, pertainto, or relate to the negligence, recklessness, or willful misconduct of the Consultant INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11, CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no Fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 5 25E -59 13. NOTICE Any notice; tender, demand, delivery, or other cormnnnication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to. Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 And City Attorney City of Santa Ana 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 Fax (714) 647 -6956 To Consultant: Scientia Consulting Group, Inc. 1591 South Sinclair Street; Suite B Anaheim, CA 92806 Fax A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States snail, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25E -60 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. 7 25E -61 19. NONDISCRIMINATION Consultant shall not. discriminate because of race, color, creed, religion, sex; marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection; training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. BACKGILOUND INVESTIGATIONS Unless exempted by the City, Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to beginning work with SAPD. Full name, address, phone number, birth date, Social Security number and driver's license number must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 21. OVERTIME AND HOLIDAYS The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. 22. JURISDICTION- VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall bethe venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Anna and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 8 25E -62 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 15A Marla D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 4-vLVY11 -A Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jack Ciulla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Gerardo Mouet Acting City Manager CONSULTANT: Phil Danie Chief Executive Officer Scientia Consulting Group, Inc. 9 25E -63 EXHIBIT A 25E -64 EXHIBIT A - SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is soliciting proposals from qualified Proposers who can provide technology contract service personnel and consulting services on an as needed basis for a one - year period, with possible extensions of three (3) additional one -year periods. This term is subject to final approval by the Santa Ana City Council, Services under any resulting agreement will be for the Information Technology Department (ITD). ITD will administeragreement(s) resulting from this RFP. It is anticipated that the services provided through these agreements would be used in five (5) distinct manners: • Provide staff for temporary situations that do not justify the addition of regular City staff. (junior- and senior - level) • Provide temporary contract service personnel with unique technology skills to act as a technical resource to project teams for projects that do not justify the addition of regular staff. • Provide additional resources for situations that exceed the capacity of existing City staff. • Provide project -based consulting and implementation support (fixed or hourly cost). • Provide managed services based on service. (i.e., server support per server, desktop support per PC, etc.) All five (5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties, Technology contract service personnel and consultants will work individually as technical resources or as members of project teams, and will be under the overall general direction of City technology management. In certain instances, sub - projects may be contracted out. 1. OVERVIEW OF EXISTING SYSTEMS a. Infrastructure About 40 physical Wintel -based servers and 250 + VMware virtualized servers supporting enterprise applications /services, local area networks and various department - specific applications Multiple HP storage systems including left Hand and 3PAR. SAN nodes and clusters utilize SCSI and Fiber Channel interfaces. Pt FP 16 -140 November 2016 25E -65 m • Gigabit Ethernet fiber links through City Hall and connected annex • Multiple network segments supporting more than 24 City operating locations interconnected via a wide area network • Approximately 250 Aruba wireless access points throughout City Hall and most remote City facilities, Wireless network access is available for City staff and guest access. • Switched Ethernet backbone in City Hall connecting City Hall LANs and computer operating in the Central Computer Center • Mobile Device Management system utilized to manage and secure 334 personal and City issued smadphones and tablets • The City's telecommunications network serves 22 operating locations through an AT &T network of local, T -1, Fiber Optic and OPX lines with approximately 3,352 equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773 telephone instruments. • The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAR 2400 IPX; NEAR 2000 IPX, NEAX 2000 IPS), key systems (NEAX INFOSET 408) and 32 VoIP telephones plus a CENTIGRAM 640 voice processing system with 40 ports and 120 hours of storage. • The City has adopted the ANSI /EIA/TIA and NEC standards, as well as BICSI design and installation methods for all materials, installation, testing, configuration and documentation of the City telecommunications infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b. Applications • Infor Lawson financial application • Hi;htme HR/Payroll application • Laserfiche document management • ESRI GIS • CherwelllTSM • IVOS Workers' Compensation • Tritech CAD and RMS • iNovah cashiering • Systems and Software's eaQuesta CIS • Drupal CYIS • Various .NET -based homegrown applications • Various Microsoft Access -based applications c. Desktop /Mobile. • Approximately 2,000 Dell desktop and laptop computers • Approximately 300 Apple iPhone, Apple iPad and Samsung Galaxy devices RFP I6 -140 November 2016 25E -66 12 2. SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perform assignments of varying length. Multiple pre - approved Proposers may be contacted to propose resources and a quote for a requested assignment/project. In response to requests from the Information Technology Department, the Proposer(s) shall: a. Research their roster of personnel and /or recruit for potential candidates. b. Screen available candidates In order to match technology skills and work experience with requirements of the City Job assignments. c. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience and education) and their charge (i.e. bill) rates. f. Upon the City's conditional acceptance of a candidate, conduct background checks (See Section 6.1 for details). g. After a candidate has been accepted but prior to beginning the engagement, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g, time reporting, requesting time off, personnel benefits, etc.) h. After an engagement starts, monitor their personnel /s' performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. 3. PROPOSER RESPONSIBILITIES a. Proposer(s) will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. (See Section 6.13 for details). b. Proposer(s) will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sole discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. c. Proposer(s) will provide training and education programs for their personnel on assignment with the City. This is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. Proposer(s) will provide programs that will promote the retention of their personnel on assignment with the City. RFP 16 -140 November 2616 25E -67 13 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of; • Application & Development Services • Telecommunications Services • User Support Services • Business / Application / Project Consulting Services • Technology Operations & Support Services Specific abilities required will vary depending on the operations and projects involved. Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City. Table 1, below; shows a sample of technology - related positions by category for which the City may seek Proposers) to provide contract service personnel. This list is not exhaustive or fixed. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre- engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. The City does not require that each Proposer be able to provide candidates for all the range and depth of technology job positions covered by this RFP. Each Proposer will be asked In its proposal to identify the technology category or categories for which it can provide qualified candidates or consulting services to the City. RFP 16 -140 November 2046 25E -68 14 Table 1 - Potential Technology Specialties by Category rcautl= List is not comprehensive, Applications a Development Services Systems Architect and Engineer • Systems Analyst • Programmer/Developer (MS Windows Visual Studio and SQL, for client/server environment) + Web Developer (.NET /PHP) • Database Administrator (MS SQL) • Document Imaging Application Specialist • Business Intelligence Specialist • Mobile App developer (iOS & android OS) Telecommunications Services • Telephone System Administrator • Telephone System Engineer • Voice System Engineer (Centigram) • Cabling Installer User Support Services • Help Desk Specialist • IT Support Specialist (Desktop) • Mobility Technology Coordinator • IT Support Intern nFP 16 -140 November 2016 Business / Application / Project Consulting Services • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Project Lead (for software development project) • Technology Consultant for specialized. application (See Section A above, e.g., Lawson, Highl.fne, etc.) • System Evaluation & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture / Planning Engineer • Network Engineer (Cisco) • Network Security Engineer (Cisco) • Network Specialist— LAN Administrator (Cisco) • MS Exchange Engineer • Anti -Virus & Anti -SPAM Services Administrator • Data Center Engineer (HP servers, Win OS, VMware, HP SAN) • Wireless infrastructure Engineer (Aruba) 25E -69 15 5. ORDER PROCESS When a need for temporary technology contract services or consulting arises, the City may contact any or all of the Proposer(s) (those Proposers selected and awarded an agreement) a. The City will provide the assignment details and necessary qualifications to the Proposer(s) and a point -of- contact for the assignment. b. The City's paint -of- contact is available to answer any questions Proposer(s) may have on the assignment, the qualifications, experienceiskill level needed, desired pay rate, etc. c. The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates, d. The Proposer(s) will provide the City's point -of-contact with resumes of qualified potential candidates. e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. f. From the candidates offered by Proposer(s), the City may elect to conduct a telephone or in- person interview with one or more of the potential candidate(s), The City's point -of- contact will get in touch with the Proposer(s) to work out the arrangements. g. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. h, When the City has identified a candidate that it wishes to engage and has notified the Proposer, the Proposer will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of an engagement with the City. i. Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and final details will be worked out. j. The City agreement manager will send a confirming electronic mail message to the Proposer as final confirmation of the engagement. k. After a candidate has been accepted but prior to beginning the engagement, the Proposer will inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) I. After an engagement starts, the Proposer will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction, 6. TERMS & CONDITIONS The following terms and conditions will be included in any subsequent agreement with the City. These terms and conditions are being repeated in this RFP due to their special impact in defining a contractual relationship between prospective Proposer(s) and the City. 6.1 Background Investigations Unless exempted by the City, Proposer(s) will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPID background investigation prior to beginning work with SAPID. Full name, address, phone number, birth date, Social Security number and driver's license number RFP 16 -140 November 2016 25E -70 16 must be furnished to the City upon request. An application for SAPID background must be completed by each prospective contract service person who will be providing on-site services to SAPD, 6.2 Certificate of Insurance Proof of insurance is NOT required to be submitted with the proposal, but it will be required prior to the City's award of any Agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Sample Agreement (See Appendix B) and in the Sample Insurance Forms (See Appendix G). Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. 6.3 City Responsibilities There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. 6.4 Cancellation The agreement may be cancelled by either party with 30 days' written notice. 6,5 Contract Service Personnel & Consultants This Agreement shall not render the Contract Service Personnel and Consultants an employee, partner, agent of or joint venturer with the City for any purpose. Any Contract Service Personnel and Consultant Is and will remain an independent contractor in (his or her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Service Personnel's and Consultant's compensation hereunder. The Contract Service Personnel and Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. 6.6 Documents to Be Construed Together The Request for Proposals, the Proposal and all documents referred to in the complete specifications and the Agreement to be entered into between the Proposer and the City, and all modifications of said documents, shall be construed together as one document. 6.7 Errors and Omissions Proposer(s) shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and called in a timely manner to the attention of the City. 6.6 Evidence of Financial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable them to fulfill this Agreement. 6.9 Firm Commitment of Availability of Service Once a proposal is opened, a Proposer is otherwise expected to maintain an availability of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals. RFP 16 -140 November 2016 25E -71 17 6.10 Intellectual Property Rights All work performed by temporary contract service personnel/consultants for the City becomes the sole property of the City of Santa Ana, and the City retains all rights to that work. 6.11 Invoices Proposer(s) will submit invoices upon completion of work performed. As a basis for payment of invoices, temporary staff /consultantsmust provide Proposer(s) with a timesheet for each billing period, signed by their City of Santa Ana supervisor. This timesheet must show the project assignment/s during the billing period and hours worked for each project. All invoices submitted for payment must show the breakdown of hours actually worked for each individual according to their timesheets. The City will pay invoices within 30 days after approval by the City Agreement administrator. No purchase orders will be issued. 6.12 Labor and Wage Requirements The Proposer shall be fully responsible for ensuring: a) The payment of all salaries, wages, bonuses, Social Security, Workers' Compensation taxes, Federal and State Unemployment Insurance, and any and all taxes relating to the personnel furnished under this agreement. b) Withholding State and Federal Income taxes c) P.I.C,A. taxes d) Providing Workers' Compensation for its personnel e) Compliance with all other laws relating to employees and contract personnel, such as wage and hour laws, safety and health requirements, and collective bargaining laws. 6.13 Orders The City does not guarantee any specific number of hours or assignments will be made during the life of this agreement. City requirements for temporary services not specified in this proposal will be contracted on the open market in the customary manner. Proposer(s) will be required to provide some mutually acceptable means for the City to contact them during normal business hours of 8:00 a.m. to 5 p.m. Pacific Time, Monday through Friday. 6.14 Overtime and Holidays The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate, RFP 16-140 November 2616 25E -72 18 The following are City Holidays: • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day + Independence Day • Labor Day • Veterans Day • Thanksgiving Day (2 days) • Christmas Eve • Christmas Day 7. SUPPLEMENTAL QUESTIONS Proposer must include: a. Short summary description of the organization b. Short summary description of the ownership c. Description of the major service offered by the Proposer's firm d. List of acceptable invoicing frequencies. (i.e., weekly, bi- weekly, semi- monthly, monthly) e. The number of years that the Proposer has been in the business of providing temporary technology contract service personnel and /or consulting services of the kind sought by the City. (if company name or ownership has changed of the period cited, please note and explain.) f. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and /or consulting services g. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and /or consulting h. Confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and any resulting agreement including all administrative and billing procedures of the City i. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability j. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer. These resumes will not be used to rate potential candidates.) k. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) I. List of any unique qualifications and /or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology RFP 16 -140 November 2016 10 25E -73 fields /specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly - qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc, these are examples only and not mandatory services or qualifications. m. Description of Proposer's methods used to identify potential candidates n. Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment o. Description of Proposer's methods used to assess and confirm candidate's technology skills /knowledge, experience, work habits, interpersonal skills, etc. p. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment q. Description of the quality (as opposed to quantity) of the candidates within a job assignment (e.g. City seeks senior network engineer) that the Proposer can provide r. Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City s. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City I. Description of any programs and benefits provided by the Proposer to its Contract Service Personnel and Consultants engaged with the City that ensure their retention for the period required by the City u. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to become a City employee. If there is a minimum amount of contract time that would need to occur, specify that amount of time (e.g, After six months of placement, Contract Service Personnel may be hired without any penalties, etc.). RFP 16 -140 November 2016 25E -74 PZ#11 EXHIBIT B 25E -75 EXHIBIT C - PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES Certification - I certify that 1 have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests, I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. 1. APPLICATION /TECHNOLOGY- SPECIFIC PRICING Complete this table if your organization consists of permanent employees who specialize in a specific application or technology and have fixed standard pricing. For example, you may provide a Lawson Technical resource or a Highl-ine functional resource. These should be actual committed rates that would good for the entire term of the agreement, including the optional renewals. Onsite rates should be fully inclusive of all travel costs. Add as many rows as necessary. Application/ Resource Type',, Hourly Rate Hourly Ra #e ,� , Minimum Technology ;- (Offsite, no travel) , ( Onsite, inc travel) Hours 108/Mobile iOS, HTML5, Java $145 $145 20 /week Programmer Network Engineer $112 $112 24 /week Software VB, C #, PHP, etc. $145 $145 20 /week Developers Database SQL, CLAP, OLTP, $145 $145 20 /week Developer ettr 2. GENERAL STAFFING PRICING Complete these tables if your organization hires temporary employees or subcontractors to fill assignments (staffing firm model) for each of the Technology Specialties listed in Table 1, Exhibit A, Section 4. For example, you may provide a System Analyst or a Network Engineer. Estimated Rates These rates are just estimates based on current engagements that you have. Actual rates will be quoted at the time of order placement per the process described in Exhibit A, Section ` Technology Specialty Estimated Hourly Rate (Offsite, no travel) Estimated Hourly Rate ( Onsite, inc. travel) - Minimum Hours Hel desk Level 1 Dsktc Su $50 $56 0 /week Hel desk Level 2 $60 $65 32 /week Hei desk Level 3 (Analyst) $105 $105 24 /week Network Engineer $112 $112 24 /week 25E -76 Markup Percentages This reflects the markup percentages used by your firm to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markup will be higher. The second row should reflect the markup if a resource has already been identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 employee and Corp -to -Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the entire term of the agreement, including optional renewals. Technology Specialty W2 Corp-to- Est. Hours Until Employee Corp Rate Drops to Markup % Markup Identified % Resource Markup % Proposer Found Resource 15% 17.5% Identified Resource 10% 15% N/A * To be determined at acceptance of candidate Scientia Consulting Group 714 - 978 -9800 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 1591 S. Sinclair Street, #B, Anaheim, CA 92806 BUSINESS ADDRESS Phillip Danie Principal Officer and CEO PRINTED NAME OF AUTHORIZED TITLE AGENT SIGNATURE OF AUTHORIZED AGENT FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PRQPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 25E -77 25E -78 Exhibit AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 7th day of February, 2017 by Siena Cybermetrics, Inc., a California corporation. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 16 -140, by which it sought consultants to furnish information technology ( "IT ") professional services on an on -call basis. B. Consultant submitted a responsive proposal that was among seven selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -140 and attached herein as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from aprofessional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as. needed basis, and at the sole discretion of City, Consultant shall famish IT professional consulting services as described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for a temporary technology service arises, the City may contact anyor all of Consultants selected for an agreement under RFP 16 -140 through the Order Process outlined in Section 2 below. 2. ORDER PROCESS When the need for a temporary technology service arises, the City may contact any or all of the Consultants awarded an agreement pursuant to RFP No. 16 -140. City will provide the assignment details and necessary qualifications to the Consultant and a point -of- contact for the assignment. a. The City's point -of- contact is available to answer any questions Consultant(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. b. The Consultant(s) will conduct a search (if necessary), match and qualify process skills (including technology assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. C. The Consultant(s) will provide the City's point -of- contact with resumes of qualified potential candidates. d. The Consultant(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. e. From the candidates offered by the Consultant(s), the City may elect a telephone or in- person interview with one or more of the potential candidate(s). The City's point-of-contact will get in touch with the Consultant(s) to work out arrangements. 1 25E -79 £ The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. g. When the City has identified the candidate that it wished to engage and has notified the Consultant, the Consultant will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of the terms of engagement with the City. It. One the Consultant has completed the cheeks and confirmations, the Consultant will notify the City and final details will be worked out. i. The City Agreement manager will send a confirming electronic email message to the Consultant as final confirmation of the engagement. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will inform the candidate on pertinent Consultant business procedure (e.g. time reporting, requesting time off, personnel benefits, etc.) k. After an engagement starts, the Consultant will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. COMPENSATION a. Consultant is one of seven Consultants selected to provide IT professional services on an as- needed basis. Consultants have been selected pursuant to a competitive RFP process (RFP No. 16 -140). The total fiords for all IT professional services provided by all seven Consultants is a collective amount not to exceed three million dollars ($3,000,000) per year for a total collective amount not to exceed twelve million dollars ($12,000,000) if all of the extensions are utilized. Consultant understands and acknowledges the following: (1) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. It is possible that City may not utilize Consultant's services at all; and (2) Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in the order process but not to exceed the parameters outlined in Consultant's Certification and Proposal Item Pricingl attached hereto as Exhibit B. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not bemade for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and continue through, February 6, 2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for three (3) one (1) year periods upon a writing executed by the City Manager and the City Attorney. If the Agreement is extended, all terms and conditions, including pricing shall remain the same and apply during the extended terns. ;- Exhibit C of Consultant's proposal in response to RFP No. 16 -149. 25E -80 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings; estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any; to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement; including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 3 25E -81 workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a filly executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fiumish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S, HOLD HARMLESS /INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the 4 25E -82 foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information; but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which world conflict in any manner with the performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or 5 25E -83 certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 -647 -6956 With courtesy copies to: Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 And City Attorney City of Santa Ana 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 Fax (714) 647 -6956 To Consultant: Sierra Cybermetrios, Inc. 5140 East La Palma Avenue, Suite 201 Anaheim Hills, CA 92807 Fax (714) 921 -2086 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or 6 25E -84 conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, orremedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 7. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. 19. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity 7 25E -85 employer and shall comply with all applicable federal, state and local laws and regulations, 20. BACKGROUND INVESTIGATIONS Unless exempted by the City, Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to beginning work with SAPD, Full name, address, phone number, birth date, Social Security number and driver's license number must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 27, OVERTIME AND HOLIDAYS The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or adesignated manager and then only at a straight time rate. 22, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and tight to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25E -86 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date acid year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: r Ci tLL A 'VA1'-"&1 rte Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jack Cinlla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Gerardo Monet Acting City Manager CONSULTANT: Carl La Plante President Sierra Cybennetrics, Inc. 9 25E -87 EXHIBITA 25E -88 EXHIBIT A - SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is soliciting proposals from qualified Proposers who can provide technology contract service personnel and consulting services on an as needed basis for a one - year period, with possible extensions of three (3) additional one -year periods. This term is subject to final approval by the Santa Ana City Council. Services under any resulting agreement will be for the Information Technology Department (ITD). ITD will administer agreement(s) resulting from this RFP. It is anticipated that the services provided through these agreements would be used in five (5) distinct manners: • Provide staff for temporary situations that do not justify the addition of regular City staff. (junior- and senior - level) • Provide temporary contract service personnel with unique technology skills to act as a technical resource to project teams for projects that do not justify the addition of regular staff. • Provide additional resources for situations that exceed the capacity of existing City staff, • Provide project -based consulting and implementation support (fixed or hourly cost). • Provide managed services based on service, (i.e., server support per server, desktop support per PC, etc.) All five (5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties. Technology contract service personnel and consultants will work individually as technical resources or as members of project teams, and will be under the overall general direction of City technology management. In certain instances, sub - projects may be contracted out. 1. OVERVIEW OF EXISTING SYSTEMS a. Infrastructure • About 40 physical Wintel -based servers and 250 + VMware virtualized servers supporting enterprise applications /services, local area networks and various department- specific applications • Multiple HP storage systems including Left Hand and 3PAR, SAN nodes and clusters utilize !SCSI and Fiber Channel interfaces. RFP 16-140 November 2016 25E -89 « Gigabit Ethernet fiber links through City Hall and connected annex • Multiple network segments supporting more than 24 City operating locations interconnected via a wide area network + Approximately 250 Aruba wireless access points throughout City Hall and most remote City facilities, wireless network access is available for City staff and guest access. » Switched Ethernet backbone in City Hall connecting City Hall LANs and computer operating in the Central Computer Center • Mobile Device Management system utilized to manage and secure 334 personal ano City issued smartphones and tablets • The City's telecommunications network serves 22 operating locations through an AT &T network of local, T -1, Fiber Optic and OPX lines with approximately 3,352 equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773 telephone instruments. • The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAR 2400 IPX, NEAX 2000 IPX, NEAX 2000 IPS), key systems (NEAX 1NFOSET 408) and 32 VoIP telephones plus a CENTIGRAM 640 voice processing system with 40 ports and 120 hours of storage. • The City has adopted the ANSI /EIA/TIA and NEC standards, as well as BICSI design and installation methods for all materials, installation, testing, configuration and documentation of the City telecommunications infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b. Applications • Infer Lawson financial application • Highline HR/Payrotl application • Laserfiche document management • ESRl GIS • CherwelllTSM • IVOS Workers' Compensation • Tritech CAD and RMS • iNovah cashiering • Systems and Software's enQuesta CIS • Drupal CMS • Various .NET -based homegrown applications • Various Microsoft Access -based applications c. Desktop /Mobile. • Approximately2,000 Dell desktop and laptop computers s Approximately 300 Apple Whone, Apple iPad and Samsung Galaxy devices RFP 16-140 November 2016 25E -90 IF Z SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perform assignments of varying length. Multiple pre - approved Proposers may be contacted to propose resources and a quote for a requested assignment/project. In response to requests from the Information Technology Department, the Proposer(s) shall: a. Research their roster of personnel and /or recruit for potential candidates. b. Screen available candidates in order to match technology skills and work experience with requirements of the Cityjob assignments. c. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience and education) and their charge (i.e. bill) rates. E Upon the City's conditional acceptance of a candidate, conduct background checks (See Section 6.1 for details). g. After a candidate has been accepted but prior to beginning the engagement, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) h. After an engagement starts, monitor their personnel /s' performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. 3. PROPOSER RESPONSIBILITIES a. Proposer(s) will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. (See Section 6.13 for details). b, Proposer(s) will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sale discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. c. Proposer(s) will provide training and education programs for their personnel on assignment with the City. This is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. Proposer(s) will provide programs that will promote the retention of their personnel on assignment with the City. RPP 16-140 November 2016 25E -91 13 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of: • Application & Development Services • Telecommunications Services • User Support Services • Business / Application / Project Consulting Services • Technology Operations & Support Services Specific abilities required will vary depending on the operations and projects involved, Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City. Table 1, below, shows a sample of technology - related positions by category for which the City may seek Proposer(s) to provide contract service personnel. This list is not exhaustive or fixed. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre- engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. The City does not require that each Proposer be able to provide candidates for all the range and depth of technology job positions covered by this RFP. Each Proposer will be asked in its proposal to identify the technology category or categories for which it can provide qualified candidates or consulting services to the City. RFP 16 -140 November 2016 25E -92 14 Table 1 • Potential Technology Specialties by Category (caution: List is not comprehensive) Applications & Development Services • Systems Architect and Engineer • Systems Analyst • Programmer /Developer (MS Windows Visual Studio and SQL for olient/server environment) • Web Developer (.NET /PHP) • Database Administrator (MS SQL) • Document Imaging Application Specialist • Business Intelligence Specialist • Mobile App developer (iOS & android OS) Telecommunications Services • Telephone System Administrator • Telephone System Engineer • Voice System Engineer (Centigram) • Cabling Installer User Support Services • Help Desk Specialist. • IT Support Specialist (Desktop) • Mobility Technology Coordinator • IT Support Intern RFP 16�1A0 November 2,016 Business / Application / Project Consulting Services • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Project Lead (for software development project) • Technology Consultant for specialized application (See Section A above, e.g., Lawson, HighLlne, etc.) • System Evaluation & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture /Planning Engineer • Network Engineer (Cisco) • Network Security Engineer (Cisco) • Network Specialist —LAN Administrator (Cisco) • MS Exchange Engineer • Anti -Virus & Anti -SPAM Services Administrator • Data Center Engineer (HP servers, Win OS, VMware, HP SAN) • Wireless infrastructure Engineer (Aruba) 25E -93 tN 5. ORDER PROCESS When a need for temporary technology contract services or consulting arises, the City may contact any or all of the Proposer(s) (those Proposers selected and awarded an agreement) a. The City will provide the assignment details and necessary qualifications to the Proposer(s) and a point -of- contact for the assignment. b. The City's point -of- contact is available to answer any questions Proposer(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. c. The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. d. The Proposer(s) will provide the City's point -of- contact with resumes of qualified potential candidates. e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. f. From the candidates offered by Proposer(s), the City may elect to conduct a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in touch with the Proposer(s) to work out the arrangements. g. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. h. When the City has identified a candidate that it wishes to engage and has notified the Proposer, the Proposer will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of an engagement with the City. i. Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and final details will be worked out. j. The City agreement manager will send a confirming electronic mail message to the Proposer as final confirmation of the engagement. k. After a candidate has been accepted but prior to beginning the engagement, the Proposer will inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) I. After an engagement starts, the Proposer will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 6. TERMS & CONDITIONS The following terms and conditions will be Included in any subsequent agreement with the City. These terms and conditions are being repeated in this RFP due to their special impact in defining a contractual relationship between prospective Proposer(s) and the City. 6.1 Background Investigations Unless exempted by the City, Proposer(s) will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPID background investigation prior to beginning work with SAPID. Full name, address, phone number, birth date, Social Security number and driver's license number RIT 16 -140 November 2016 25E -94 16 must be furnished to the City upon request. An application for SAPID background must be completed by each prospective contract service person who will be providing on -site services to SAPID. 6.2 Certificate of Insurance Proof of insurance is NOT required to be submitted with the proposal, but it will be required prior to the City's award of any Agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Sample Agreement (See Appendix B) and in the Sample Insurance Forms (See Appendix G). Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. 6.3 City Responsibilities There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. 6.4 Cancellation The agreement may be cancelled by either party with 30 days' written notice. 6.5 Contract Service Personnel & Consultants This Agreement shall not render the Contract Service Personnel and Consultants an employee, partner, agent of or joint venturer with the City for any purpose. Any Contract Service Personnel and Consultant is and will remain an independent contractor in (his or her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Service Personnel's and Consultant's compensation hereunder. The Contract Service Personnel and Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, unemployment Insurance benefits or employee benefits of any kind. 6.6 Documents to Be Construed Together The Request for Proposals, the Proposal and all documents referred to in the complete specifications and the Agreement to be entered into between the Proposer and the City, and all modifications of said documents, shall be construed together as one document. 6.7 Errors and Omissions Proposer(s) shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and called in a timely manner to the attention of the City. 6.8 Evidence of Financial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable them to fulfill this Agreement. 6.9 Firm Commitment of Availability of Service once a proposal is opened, a Proposer is otherwise expected to maintain an availability of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals. RFP 16 -140 November 2016 25E -95 IWA 6.10 Intellectual Property Rights All work performed by temporary contract service personnel /consultants for the City becomes the sole property of the City of Santa Ana, and the City retains all rights to that work. 6.11 Invoices Proposer(s) will submit invoices upon completion of work performed. As a basis for payment of invoices, temporary staff /consultants must provide Proposer(s) with a timesheet for each billing period, signed by their City of Santa Ana supervisor. This timesheet must show the project assignment/s during the billing period and hours worked for each project, All invoices submitted for payment must show the breakdown of hours actually worked for each individual according to their timesheets. The City will pay invoices within 30 days after approval by the City Agreement administrator. No purchase orders will be issued. 6.12 Labor and Wage Requirements The Proposer shall be fully responsible for ensuring: a) The payment of all salaries, wages, bonuses, Social Security, Workers' Compensation taxes, Federal and State Unemployment Insurance, and any and all taxes relating to the personnel furnished under this agreement. b) Withholding State and federal Income taxes c) F.I.C.A. taxes d) Providing Workers' Compensation for its personnel e) Compliance with all other laws relating to employees and contract personnel, such as wage and hour laws, safety and health requirements, and collective bargaining laws. 6,13 Orders The City does not guarantee any specific number of hours or assignments will be made during the life of this agreement. City requirements for temporary services not specified in this proposal will be contracted on the open market in the customary manner, Proposer(s) will be required to provide some mutually acceptable means for the City to contact them during normal business hours of 8:00 a.m, to 6 p.m. Pacific Time, Monday through Friday. 6.14 Overtime and Holidays The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. Rr-P 16,140 November 2016 25E -96 IM The following are City Holidays • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day • Independence Day • Labor Day • Veterans Day + Thanksgiving Day (2 days) • Christmas Eve • Christmas Day 7. SUPPLEMENTAL QUESTIONS Proposer must include: a. Short summary description of the organization b. Short summary description of the ownership c. Description of the major service offered by the Proposer's firm d. List of acceptable invoicing frequencies. (i.a,, weekly, bi- weekly, semi - monthly, monthly) e, The number of Years that the Proposer has been in the business of providing temporary technology contract service personnel and /or consulting services of the kind sought by the City. (if company name or ownership has changed of the period cited, please note and explain.) f. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and /or consulting services g. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and /or consulting h. Confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and any resulting agreement including all administrative and billing procedures of the City i. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability j. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer, These resumes will not be used to rate potential candidates.) k. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) I. List of any unique qualifications and /or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology RFP 16140 November 2016 19 25E -97 fields /specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly - qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, eta These are examples only and not mandatory services or qualifications, m. Description of Proposer's methods used to identify potential candidates n, Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment o. Description of Proposer's methods used to assess and confirm candidate's technology skills /knowledge, experience, work habits, interpersonal skills, etc, p. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment q. Description of the quality (as opposed to quantity) of the candidates within a job assignment (e.g. City seeks senior network engineer) that the Proposer can provide r. Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City s. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City I. Description of any programs and benefits provided by the Proposer to its Contract Service Personnel and Consultants engaged with the City that ensure their retention for the period required by the City u. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to become a City employee. If there is a minimum amount of contract time that would need to occur, specify that amount of time (e,g, After six months of placement, Contract Service Personnel may be hired without any penalties, etc.). RFP 16,140 November 2016 25E -98 20 EXHIBIT B 25E -99 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting anyerrors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. 1. APPLICATION/TECHNOLOGY-SPECIFIC PRICING Complete this table if your organization consists of permanent employees who specialize in a specific application or technology and have fixed standard pricing. For example, you may provide a Lawson Technical resource or a Highl.ine functional resource. These should be actual committed rates that would good for the entire term of the agreement, including the optional renewals. Onsite rates should be fully inclusive of all travel costs. Add as many rows as necessary. Appiication/Technology Resouree'Type Hourly Rate' Offsite, no iravel HourlyFiate; ;" Onsife; Inc: travel iMinirtium !;, Hours 2. GENERAL STAFFING PRICING Complete these tables if your organization hires temporary employees or subcontractors to fill assignments (staffing firm model) for each of the Technology Specialties listed in Table 1, Exhibit A, Section 4. For example, you may provide a System Analyst or a Network Engineer, Estimated Rates These rates are just estimates based on current engagements that you have. Actual rates will be quoted at the time of order placement per the process described in Exhibit A, Section 5. Add as many rows as necessary. ,Technology Specialty Estimated Hourly Rate,' Offslte, no uiv_ 1J. I Estimated Hctirly_Ra #e I Onstto, lnc. travel Minimum =. 'Hours Markup Percentages This reflects the markup percentages used by your firm to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markup will be higher. The second row should reflect the markup if a resource has already been Identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 - employee and Corp -to -Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the RFP 16-140 November 2016 25E -100 27 entire term of the agreement, including optional renewals, pCo Tech�roiogyS eW [? W2 Emp[ayee' MCorp t Corp' staHq U rtll tt$eii ops >..,,t. �,, t,. a v Iflark °cam Proposer Found Resource 5&- e- oc ce ia6 2, Identified Resource - 16 be aerermrneo at acceptance or canaiaate LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 0 —r Ga %I . •i ��� i E 041, CA Q sz�7 BUSINESS ADDRESS Carl 44.11�,�e PRINTED NAME OF U H RIZED AGENT 1�// / SIGNATURE OF AUTHOR E EDERAL ID NUMBER (IF �te; rt'wr TITLE G�P/4.4c /Z' E -MAILA DRESS W S NUMBER (IF APPLICAE m THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. _ RFP 16 -140 November 2616 - pg 25E -101 Table 1- Sierra Cybernetics Estimated Rates Technology Specialty Estimated Hourly Rate Estimated Hourly Rate Minimum Proj Lead (deployment) (Offsite, no travel) (Onsite, travel) Hours Proj Lead (sw development) $80 -$98 Cannot estimate travel w/o further details App and Development Services Technology Consultant $90 -$110 $90 -$110 Systems Architect $110 -$130 $110 -$130 N/A Systems Analyst $70-$80 $70-$80 N/A Programmer / Developer $77-$94 $77-$94 N/A Web Developer $65-$80 $65-$80 N/A Database Administrator $80 -$98 $80 -$98 N/A Document Imaging Specialist $65 -$79 $65 -$79 N/A BI Specialist $80-$98 $80-$98 N/A Mobile App Developer $77-$94 $77-$94 N/A Telecommunications Services Telephone System Administrator $19 - $24 $19-$24 N/A User Support Services Help Desk Specialist $40-$50 $40-$50 N/A IT Support Specialist(Desl(top) $52 -$62 $52 -$62 N/A Business /App /Project Consult IT Business Analyst (w /gov exp) $72-$85 $72-$85 N/A Proj Lead (deployment) $70-$84 $70-$84 N/A Proj Lead (sw development) $80 -$98 $80 -$98 N/A Technology Consultant $90 -$110 $90 -$110 N/A Tech Operations and Support Network Engineer $80 -$98 $80 -$98 SIERRA CYBERNETICS Sierra Cybernetics Proprietary Information S December 2016 25E -102 N/A Table 2 - Sierra Cybernetics Pricing and Markup Information Technology Specialty W2 Employee Markup Corp -to -Carp Markup Est Hours Until Rate Drops to See Note A below (Type 1 Consultants) Identified Resource Markup See Note B below Proposer Found See Note C below 18% Not Applicable Resource Identified See Note D below 9 °Io Not Applicable Resource Note A — Sierra's basic markup consists of corporate overhead rate +general and administrative rate+ profit. That amounts to 22%. Note B — Because C2C consultants require less overhead, we reduce our basic markup on them from 22% to 18 °%. Note C -- W-2 employees are provided benefits, which costs are additive to our basic markup. We offer W -2 employees three categories of employment (Types 2,3,4) with varying degrees of benefits, with three different markup percentages, in each case, the billing rate to the client Is the same, but the employee can choose a benefit package that best suits their need with a corresponding difference in their underlying pay rate. I.e., selection of lesser benefits results in a higher hourly pay rate, and conversely, to the employee.. We describe this arrangement as being "compensation neutral" so that, at the end of the day, the net value to the employee is targeted to be the same. Type 2 - No benefits. Sierra only withholds payroll taxes and pays the corporate social security, Medicare, and unemployment insurance costs. Total markup on top of pay rate is 33% Type 3 — Limited benefits. Type 2 plus paid leave days plus a stipend toward employee purchase of medical insurance, Total markup on top of pay rate is 41 %. Type 4— Pull benefits. Fully- benefited employee with full taxes withheld, full insurance coverage, full paid leave, and access to Sierra's Cafeteria 125 Plan. Total markup on top of pay rate is 55%. Note D — We currently utilize this "payrolling" program with one of our other clients. The approach is the same as described under Note C, with the benefit percentages being the same, but the overhead plus G &A plus profit amount being only 9 %. So, Type 2 markup = 20% Type 3 markup = 28% Type 2 markup= 42% SIERRA CYBERNETICS Sierra Cybernetics Proprietary Information 8 December 2016 25E -103 25E -104 Exhibit .5' AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 7th day of February, 2017 by Softmaster, Inc., a California corporation. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 16 -140, by which it sought consultants to furnish information technology ( "IT ") professional services on an on -call basis. B. Consultant submitted a responsive proposal that was among seven selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -140 and attached herein as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from aprofessional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Consultant shall furnish IT professional consulting services as described in Exhibit A to this Agreement, Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for a temporary technology service arises, the City may contact any or all of the Consultants selected for an agreement under RFP 16 -140 through the Order Process outlined in Section 2 below. 2, ORDER PROCESS When the need fora temporary technology service arises, the City may contact any or all of the Consultants awarded an agreement pursuant to RFP No. 16 -140. City will provide the assignment details and necessary qualifications to the Consultant and a point -o£- contact for the assignment. a. The City's point-of-contact is available to answer any questions Consultant(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. b. The Consultant(s) will conduct a search (if necessary), match and qualify process skills (including technology assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. C. The Consultant(s) will provide the City's point -of- contact with resumes of qualified potential candidates. d. The Consultant(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. e. From the candidates offered by the Consultant(s), the City may elect a telephone or in- person interview with one or more of the potential candidate(s). The City's point-of-contact will get in touch with the Consultant(s) to work out arrangements. 25E'105 f. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. g. When the City has identified the candidate that it wished to engage and has notified the Consultant, the Consultant will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of the terms of engagement with the City. h. One the Consultant has completed the checks and confirmations, the Consultant will notify the City and final details will be worked out. i. The City Agreement manager will send a confirming electronic email message to the Consultant as final confirmation of the engagement. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will inform the candidate on pertinent Consultant business procedure (e.g. time reporting, requesting time off, personnel benefits, etc.) k. After an engagement starts; the Consultant will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 3. COMPENSATION a. Consultant is one of seven Consultants selected to provide IT professional services on au as- needed basis. Consultants have been selected pursuant to a competitive RFP process (RFP No. 16 -140). The total funds for all IT ,professional services provided by all seven Consultants is a collective amount not to exceed three million dollars ($3,000,000) per year for a total collective amount not to exceed twelve million dollars ($12,000,000) if all of the extensions are utilized. Consultant understands and acknowledges the following: (1) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. It is possible that City may not utilize Consultant's services at all; and (2) Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in the order process but not to exceed the parameters outlined in Consultant's Certification and Proposal Item Pricing' attached hereto as Exhibit B. b: Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and continue through, February 6, 2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for three (3) one (1) year periods upon a writing executed by the City Manager and the City Attorney. If the Agreement is extended, all terns and conditions, including pricing shall remain the same and apply during the extended terms. �- Exhihit. C of Consultant's proposal in response to RFP No. 16 -140. 25E -406 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional mariner in which Consultant performs the services which are the Subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 25E3107 workers' compensation or to undertake self- insurance. prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,Ooo,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer; professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. g, HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees; consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement, and (2) from any claim that personal injury; damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered; by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant's 25E -1408 indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782,8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement.. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be 25E -1. 09 in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza Santa Ana; CA 92702 [�1 City Attorney City of Santa Ana 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 Fax (714) 647 -6956 To Consultant: Sofimaster, Inc. 1142 South Diamond Bar Boulevard, Suite 386 Diamond Bar, CA 91765 Fax A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall he effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall he excluded, 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 25E -x110 terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any teens or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, tight, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. 19. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age; national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities 25E -7111 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. BACKGROUND INVESTIGATIONS Unless exempted by the City; Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City), Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to beginning work with SAPD. Full name, address, phone number, birth date; Social Security number and driver's license number must be furnished to the City upon request.. An application for SAPD background must be completed by each prospective contract service person who wilt be providing on -site services to SAPD. 21. OVERTIME AND HOLIDAYS The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. 22. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by 25E -112 the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ByAailto f i %.0 .Vt "viV Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jack Ciulla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Gerardo Monet Acting City Manager CONSULTANT: James Barnett Chief Operating Officer Softmaster, Inc. 25EA 13 EXHIBIT A 25E -114 EXHIBIT A - SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS-NEEDED PROFESSIONAL SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is soliciting proposals from qualified Proposers who can provide technology contract service personnel and consulting services on an as needed basis for a one - year period, with possible extensions of three (3) additional one -year periods. This term is subject to final approval by the Santa Ana City Council. Services under any resulting agreement will be for the Information Technology Department (ITD). ITD will administer agreement(s) resulting from this RFP. It is anticipated that the services provided through these agreements would be used in five (5) distinct manners: • Provide staff for temporary situations that do not justify the addition of regular City staff. (junior- and senior - level) • Provide temporary contract service personnel with unique technology skills to act as a technical resource to project teams for projects that do not justify the addition of regular staff. • Provide additional resources for situations that exceed the capacity of existing City staff. • Provide project -based consulting and implementation support (fixed or hourly cost). • Provide managed services based on service. (i.e., server support per server, desktop support per PC, etc.) All five (5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties. Technology contract service personnel and consultants will work individually as technical resources or as members of project teams, and will be under the overall general direction of City technology management. In certain Instances, sub - projects may be contracted out. 1. OVERVIEW OF EXISTING SYSTEMS a. Infrastructure • About 40 physical Wintel -based servers and 250 + VMware virtualized servers supporting enterprise applications /services, local area networks and various department - specific applications • Multiple HP storage systems including Left Hand and 3PAR. SAN nodes and clusters utilize iSCSI and Fiber Channel interfaces. RFP 16190 November 2016 25E -115 • Gigabit Ethernet fiber links through City Hall and connected annex • Multiple network segments supporting more than 24 City operating locations interconnected via a wide area network • Approximately 250 Aruba wireless access points throughout City Hall and most remote City facilities. Wireless network access is available for City staff and guest access. • Switched Ethernet backbone in City Hall connecting City Hall LANs and computer operating in the Central Computer Center • Mobile Device Management system utilized to manage and secure 334 personal and City issued smartphones and tablets • The City's telecommunications network serves 22 operating locations through an AT &T network of local, T -1, Fiber Optic and OPX lines with approximately 3,352 equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773 telephone instruments. • The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAX 2400 IPX, NEAX 2000 IPX, NEAX 2000 IPS), key systems (NEAX INFOSET 408) and 32 VolP telephones plus a CENTIGRAM 640 voice processing system with 40 ports and 120 hours of storage. • The City has adopted the ANSI /EIA/TIA and NEC standards, as well as BICSI design and installation methods for all materials, installation, testing, configuration and documentation of the City telecommunications Infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b. Applications • Infor Lawson financial application • Highline HR/Payroll application • Laserfiche document management • ESRI GIS • Cherwell ITSM • IVOS Workers' Compensation • Tritech CAD and RMS • iNovah cashiering • Systems and Software's enQuesta CIS • Drupat CMS • Various .NET -based homegrown applications • Various Microsoft Access -based applications c. Desktop /Mobile. • Approximately 2,000 Dell desktop and laptop computers • Approximately 300 Apple iPhone, Apple iPad and Samsung Galaxy devices RFP 18,140 Novembe( 2016 25E -116 IF 2. SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perform assignments of varying length. Multiple pre - approved Proposers may be contacted to propose resources and a quote for a requested assignment/project. In response to requests from the Information Technology Department, the Proposer(s) shall: a. Research their roster of personnel and /or recruit for potential candidates. b. Screen available candidates in order to match technology skills and work experience with requirements of the City job assignments. c. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment, e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience and education) and their charge (i.e. bill) rates. f. Upon the City's conditional acceptance of a candidate, conduct background checks (See Section 6,1 for details). g. After a candidate has been accepted but prior to beginning the engagement, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) h. After an engagement starts, monitor their personnel /s' performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. 3. PROPOSER RESPONSIBILITIES a. Proposer(s) will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. (See Section 6.13 for details). b. Proposer(s) will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sole discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. c. Proposer(s) will provide training and education programs for their personnel on assignment with the City. This is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. Proposer(s) will provide programs that will promote the retention of their personnel on assignment with the City. RFP 16.140 November 2016 25E -117 13 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of • Application & Development Services • Telecommunications Services • User Support Services • Business / Application / Project Consulting Services • Technology Operations & Support Services Specific abilities required will vary depending on the operations and projects involved. Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City, Table 1, below, shows a sample of technology- related positions by category for which the City may seek Proposer(s) to provide contract service personnel. This list is not exhaustive or fixed. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre- engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. The City does not require that each Proposer be able to provide candidates for all the range and depth of technology job positions covered by this RFP. Each Proposer will be asked in its propose( to Identify the technology category or categories for which it can provide qualified candidates or consulting services to the City. RFP 16 -140 November 2016 25E -118 14 Table 1 - Potential Technology Specialties by Category (caution: List is not comprehensive) Applications & Development Services • Systems Architect and Engineer • Systerns Analyst • Programmer /Developer (MS Windows Visual Studio and SOL for client/server environment) • Web Developer (.NET /PHP) • Database Administrator (MS SQL) • Document Imaging Application. Specialist • Business Intelligence Specialist • Mobile App developer (IOS & android OS) Telecommunications Services • Telephone System Administrator • Telephone System Engineer • Voice System Engineer (Centigram) • Cabling Installer User Support Services • Help Desk Specialist • IT Support Specialist (Desktop) • Mobility Technology Coordinator • IT Support Intern RFP 16 -140 November 2016 Business/ Application /Project Consulting Services • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Project Lead (for software development project) • Technology Consultant for specialized application (See Section A above, e.g., Lawson, HighLfne, etc.) • System Evaluation & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture / Planning Engineer • Network Engineer (Cisco) • Network Security Engineer (Cisco) • Network Specialist— LAN Administrator (Cisco) • MS Exchange Engineer • Anti -Virus & Anti -SPAM Services Administrator • Data Center Engineer (HP servers, Win OS, VMware, HP SAN) • Wireless infrastructure Engineer (Aruba) 25E -119 is 5. ORDER PROCESS When a need for temporary technology contract services or consulting arises, the City may contact any or all of the Proposer(s) (those Proposers selected and awarded an agreement) a. The City will provide the assignment details and necessary qualifications to the Proposer(s) and a point -of- contact for the assignment. b. The City's point -of- contact is available to answer any questions Proposer($) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. c. The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. d. The Proposer(s) will provide the City's point -of- contact with resumes of qualified potential candidates. e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. I. From the candidates offered by Proposer(s), the City may elect to conduct a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in touch with the Proposer(s) to work out the arrangements. g. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. h. When the City has identified a candidate that it wishes to engage and has notified the Proposer, the Proposer will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of an engagement with the City. i. Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and final details will be worked out. j. The City agreement manager will send a confirming electronic mail message to the Proposer as final confirmation of the engagement. k. After a candidate has been accepted but prior to beginning the engagement, the Proposer will inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) I. After an engagement starts, the Proposer will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 6. TERMS & CONDITIONS The following terms and conditions will be included in any subsequent agreement with the City. These terms and conditions are being repeated in this RFP due to their special impact in defining a contractual relationship between prospective Proposer(s) and the City. 6.1 Background Investigations Unless exempted by the City, Proposer(s) will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPID background investigation prior to beginning work with SAPID. Full name, address, phone number, birth date, Social Security number and driver's license number RFP 16.140 November 2016 25E -120 m must be furnished to the City upon request. An application for SAPID background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 6.2 Certificate of Insurance Proof of insurance is NOT required to be submitted with the proposal, but it will be required prior to the City's award of any Agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Sample Agreement (See Appendix B) and in the Sample Insurance Forms (See Appendix G). Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. 6.3 City Responsibilities There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. 6.4 Cancellation The agreement may be cancelled by either party with 30 days' written notice. 6.5 Contract Service Personnel & Consultants This Agreement shall not render the Contract Service Personnel and Consultants an employee, partner, agent of or joint venturer with the City for any purpose. Any Contract Service Personnel and Consultant is and will remain an independent contractor in (his or her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Service Personnel's and Consultant's compensation hereunder. The Contract Service Personnel and Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. 6.6 Documents to Be Construed Together The Request for Proposals, the Proposal and all documents referred to in the complete specifications and the Agreement to be entered into between the Proposer and the City, and all modifications of said documents, shall be construed together as one document. 6.7 Errors and Omissions Proposers) shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and called in a timely manner to the attention of the City. 6.8 Evidence of Financial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable them to fulfill this Agreement. 6.9 Firm Commitment of Availability of Service Once a proposal is opened, a Proposer is otherwise expected to maintain an availability of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals. PFP 16 -140 November 2016 25E -121 17 6,10 Intellectual Property Rights All work performed by temporary contract service personnel /consultants for the City becomes the sole property of the City of Santa Ana, and the City retains all rights to that work. 6.11 Invoices Proposer(s) will submit invoices upon completion of work performed. As a basis for payment of invoices, temporary staff /consultants must provide Proposer(s) with a timesheat for each billing period, signed by their City of Santa Ana supervisor. This timesheet must show the project assignments during the billing period and hours worked for each project. All invoices submitted for payment must show the breakdown of hours actually worked for each individual according to their timesheets. The City will pay invoices within 30 days after approval by the City Agreement administrator. No purchase orders will be issued. 6.12 Labor and Wage Requirements The Proposer shall be fully responsible for ensuring: a) The payment of all salaries, wages, bonuses, Social Security, Workers' Compensation taxes, Federal and State Unemployment Insurance, and any and all taxes relating to the personnel furnished under this agreement. b) Withholding State and Federal Income taxes c) F.I.C,A, taxes d) Providing Workers' Compensation for its personnel e) Compliance with all other laws relating to employees and contract personnel, such as wage and hour laws, safety and health requirements, and collective bargaining laws. 6.13 Orders The City does not guarantee any specific number of hours or assignments will be made during the life of this agreement. City requirements for temporary services not specified in this proposal will be contracted on the open market in the customary manner. Proposer(s) will be required to provide some mutually acceptable means for the City to contact them during normal business hours of 8 :00 a.m. to 5 p.m. Pacific Time, Monday through Friday, 6.14 Overtime and Holidays The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. RFP 16 -140 November 2016 25E -122 irl The following are City Holidays • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day (2 days) • Christmas Eve Christmas Day 7, SUPPLEMENTAL QUESTIONS Proposer must include: a. Short summary description of the organization b. Short summary description of the ownership o. Description of the major service offered by the Proposer's firm d. List of acceptable invoicing frequencies. (i.e„ weekly, bi- weekly, semi - monthly, monthly) e. The number of years that the Proposer has been in the business of providing temporary technology contract service personnel and /or consulting services of the kind sought by the City. (If company name or ownership has changed of the period cited, please note and explain.) f. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and /or consulting services g. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and /or consulting h. Confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and any resulting agreement including all administrative and billing procedures of the City i. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability j. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This wilt allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer. These resumes will not be used to rate potential candidates.) k. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) I: List of any unique qualifications and /or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology RFP 16 -140 November 2016 19 25E -123 fields /specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly - qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc. These are examples only and not mandatory services or qualifications. m, Description of Proposer's methods used to identify potential candidates n. Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment o. Description of Proposer's methods used to assess and confirm candidate's technology skills /knowledge, experience, work habits, interpersonal skills, etc. p. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment q. Description of the quality (as opposed to quantity) of the candidates within a job assignment (e.g. City seeks senior network engineer) that the Proposer can provide r; Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City s, Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City I. Description of any programs and benefits provided by the Proposer to its Contract Service Personnel and Consultants, engaged with the City that ensure their retention for the period required by the City u. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to become a City employee. If there is a minimum amount of contract time that would need to occur, specify that amount of time (e.g, After six months of placement, Contract Service Personnel may hired without any penalties, etc.). RPP I6 -140 November 2016 25E -124 20 0.1G3m 25E -125 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. 1. APPLICATION /TECIiNOLOGY- SPECIFIC PRICING NOT APPLICABLE 2. GENERAL STAFFING PRICING • All resources provided by SoftMaster will be local, onsite resources, and the rate is inclusive of any travel expenses, • For General Staffing SoftMaster typically requires a40 hour commitments, but we can be flexible and will not require a specific commitment for this contract. Estimated Rates These rates are just estimates based on current engagements. Actual rates will be quoted at the time of order placement per the process described in the contract. December 8. 2016 25E -126 P Markup Percentages December 8, 2016 25E -127 21 SoPtMaster, Inc. Pbone :949- 697.1546 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 1142 S, Diamond Ear Blvd, Stiite 386, Diamond Bar, CA 91765 BUSINESS ADDRESS James Bamett COO PRINTED NAME -OF AUTHORIZED AGENT 'CITLE [2/08/201.6 jbamett@softmaster.nom SIGNATURE OE AUTHORIZED AGENT RATE 6 -MAIL ADDRESS N/A FE PP DERAL ID NUMBER (IF ALICABLE) CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 22 December 8, 2016 25E -128 Exhibit 4 AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 7th day of February, 2017 by Stelarum Studios, Inc., a Florida corporation, ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 16 -140, by which it sought consultants to famish information technology ( "IT ") professional services on an on -call basis. B. Consultant submitted a responsive proposal that was among seven selected by the City, Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -140 and attached herein as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Consultant shall furnish IT professional consulting services as described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for a temporary technology service arises, the City may contact any or all of the Consultants selected for an agreement under RFP 16 -140 through the Order Process outlined in Section 2 below. 2. ORDER PROCESS When the need for a temporary technology service arises, the City may contact any or all of the Consultants awarded an agreement pursuant to RFP No.. 16 -140. City will provide the assignment details and necessary qualifications to the Consultant and a point-of-contact for the assignment. a. The City's point -of- contact is available to answer any questions Consultant(s) may have on the assignment, the qualifications, experienceiskill level needed, desired pay rate, etc. b. The Consultam(s) will conduct a search (if necessary), match and qualify process skills (including technology assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. C. The Consultant(s) will provide the City's point -of- contact with resumes of qualified potential candidates. d. The Consultant(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. e. From the candidates offered by the Consultant(s), the City may elect a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in touch with the Consultant(s) to work out arrangements. 25E -129 f The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City, g. When the City has identified the candidate that it wished to engage and has notified the Consultant, the Consultant will conduct background checks, and confirm candidate availability; interest in the engagement and acceptance of the terms and conditions of the terms of engagement with the City. It. One the Consultant has completed the checks and confirmations, the Consultant will notify the City and final details will be worked out. L The City Agreement manager will send a corifirming electronic email message to the Consultant as final confirmation of the engagement.. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will inform the candidate on pertinent Consultant business procedure (e.g. time reporting, requesting time off, personnel benefits; etc.) k, After an engagement starts, the Consultant will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 3. COMPENSATION a. Consultant is one of seven Consultants selected to provide IT professional services on an as- needed basis. Consultants have been selected pursuant to a competitive RFP process (RFP No. 16 -140). The total funds for all IT professional services provided by all seven Consultants is a collective amount not to exceed three million dollars ($3,000,000) per year for a total collective amount not to exceed twelve million dollars ($12,000,000) if all of the extensions are utilized. Consultant understands and acknowledges the following: (1) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. It is possible that City may not utilize Consultant's services at all; and (2) Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in the order process but not to exceed the parameters outlined in Consultant's Certification and Proposal Item Pricing' attached hereto as Exhibit B. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City: 4. TERM This Agreement shall commence on the date stated above and continue through, February 6, 2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for three (3) one (1) year periods upon a writing executed by the City Manager and the City Attorney, If the Agreement is extended, all terms and conditions, including pricing shall remain the same and apply during the extended terms. }- Exhibit C of Consultant's proposal in response to RIP No. 16 -140. 25E2130 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to; physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "), Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insuned(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 25E3131 workers' compensation or to undertal <e self-insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is true by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the 1 25E -132 foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under this Agreement, 10. RECORDS Consultant shall keep records and invoices in connection with the wort, to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the perfonnanee of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (o) is in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the perforniance of services specified under this Agreement. 255 -133 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 And City Attorney City of Santa Ana 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 Fax (714) 647 -6956 To Consultant: Jahn Curtis, President Stelarum Studios, Inc. 9017 NW 18"' Place Gainesville, FL 32606 Fax A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25E6134 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. 25E -135 19. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. BACKGROUND INVESTIGATIONS Unless exempted by the City, Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to beginning won(, with SAPD. Full name, address, phone number, birth date, Social Security number and driver's license number must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 21, OVERTIME AND HOLIDAYS The City will pay only straight time (i,e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate.. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. 22. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25E-1 36 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar Gerardo Monet Clerk of the Council Acting City Manager APPROVED AS TO FORM: CONSULTANT: SONIA R. CARVALHO City Attorney Bye tt •r_E>1i1fL� Laura A. Rossini John Curtis Senior Assistant City Attorney President Stelarum Studios, Inc. RECOMMENDED FOR APPROVAL: Jack Ciulla Chief Technology innovations Officer Information Technology Department 258 -137 EXHIBITA 25E -138 EXHIBIT A - SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is soliciting proposals from qualified Proposers who can provide technology contract service personnel and consulting services on an as needed basis for a one - year period, with possible extensions of three (3) additional one -year periods. This term is subject to final approval by the Santa Ana City Council. Services under any resulting agreement will be for the Information Technology Department (ITD). ITD will administer agreement(s) resulting from this RFP. It is anticipated that the services provided through these agreements would be used in five (5) distinct manners: • Provide staff for temporary situations that do not justify the addition of regular City staff. (junior- and senior - level) • Provide temporary contract service personnel with unique technology skills to act as a technical resource to project teams for projects that do not justify the addition of regular staff, • Provide additional resources for situations that exceed the capacity of existing City staff. • Provide project -based consulting and implementation support (fixed or hourly cost). • Provide managed services based on service. (i.e., server support per server, desktop support per PC, etc.) All five (5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties, Technology contract service personnel and consultants will work individually as technical resources or as members of project teams, and will be under the overall general direction of City technology management. In certain instances, sub - projects may be contracted out. 1. OVERVIEW OF EXISTING SYSTEMS a. Infrastructure • About 40 physical Wintel -based servers and 250 4- VMware virtualized servers supporting enterprise applications /services, local area networks and various department- specific applications • Multiple HP storage systems including Left Hand and 3PAR. SAN nodes and clusters utilize !SCSI and Fiber Channel interfaces. RFP 16 -140 November 2016 25E -139 m • Gigabit Ethernet fiber links through City Hall and connected annex • Multiple network segments supporting more than 24 City operating locations interconnected via a wide area network • Approximately 250 Aruba wireless access points throughout City Hall and most remote City facilities. Wireless network access is available for City staff and guest access. • Switched Ethernet backbone in City Hall connecting City Hall LANs and computer operating In the Central Computer Center • Mobile Device Management system utilized to manage and secure 334 personal and City issued smartphones and tablets • The City's telecommunications network serves 22 operating locations through an AT &T network of local, T -1, Fiber Optic and OPX lines with approximately 3,352 equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773 telephone instruments. • The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAR 2400 IPX, NEAX 2000 IPX, NEAX 2000 IPS), key systems (NEAX INFOSET 408) and 32 VoIP telephones plus a CENTIGRAM 640 voice processing system with 40 ports and 120 hours of storage. • The City has adopted the ANSI/EIA/TIA and NEC standards, as well as BICSI design and installation methods for all materials, installation, testing, configuration and documentation of the City telecommunications Infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b. Applications • Infor Lawson financial application • Highline FIR/Payrotl application • Laserfiche document management • ESRI GIS CherwelllTSM • IVOS Workers' Compensation • Tritech CAD and RMS • iNovah cashiering • Systems and Software's enQuesta CIS • Drupal CMS • Various .NET -based homegrown apptications • Various Microsoft Access - based applications c. Desktop /Mobile. • Approximately 2,000 Dell desktop and laptop computers • Approximately 300 Apple Whone, Apple iPad and Samsung Galaxy devices PFP 16 -140 November 2016 25E -140 12 2. SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perform assignments of varying length. Multiple pre approved Proposers may be contacted to propose resources and a quote for a requested assignment /project. In response to requests from the Information Technology Department, the Proposer(s) shall: a. Research their roster of personnel and /or recruit for potential candidates. b. Screen available candidates in order to match technology skills and work experience with requirements of the City job assignments. c. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience and education) and their charge (i.e, bill) rates. f. Upon the City's conditional acceptance of a candidate, conduct background checks (See Section 6.1 for details). g. After a candidate has been accepted but prior to beginning the engagement, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g. time reporting, requesting time off, personnel benefits, etc.) h. After an engagement starts, monitor their personnel /s' performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. 3. PROPOSER RESPONSIBILITIES a. Proposer(s) will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. (See Section 6,13 for details). b. Proposer(s) will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sole discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. c. Proposer(s) will provide training and education programs for their personnel on assignment with the City. This is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City, Proposer(s) will provide programs that will promote the retention of their personnel on assignment with the City. RFP 16 -140 November 2016 25E -141 1P] 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of: • Application & Development Services • Telecommunications Services • User Support Services • Business / Application / Project Consulting Services • Technology Operations & Support Services Specific abilities required will vary depending on the operations and projects involved. Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City. Table 1, below, shows a sample of technology - related positions by category for which the City may seek Proposer(s) to provide contract service personnel. This list is not exhaustive or fixed. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre - engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. The City does not require that each Proposer be able to provide candidates for all the range and depth of technology job positions covered by this RFP. Each Proposer will be asked in its proposal to identify the technology category or categories for which it can provide qualified candidates or consulting services to the City. RPP 16 -140 November 2016 25E -142 14 Table 1 - Potential Technology Specialties by Category (cautlowListisnorcomprehensivet Applications & Development Services • Systems Architect and Engineer • Systems Analyst • Programmer /Developer (MS Windows Visual Studio and SQL for client/server environment) • Web Developer (.NET /PHP) • Database Administrator (MS SQL) • Document Imaging Application Specialist • Business Intelligence Specialist • Mobile App developer (iOS & android OS) Telecommunications Services • Telephone System Administrator • Telephone System Engineer • Voice System Engineer (Centigram) • Cabling Installer User Support Services • Help Deal<Specialist • IT Support Specialist (Desktop) • Mobility Technology Coordinator • IT Support Intern RFP 16-140 November 2016 Business / Application / Project Consulting Services • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Project Lead (for software development project) • Technology Consultant for specialized application (See Section A above, e.g., Lawson, Highl-me, etc.) • System Evaluation & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture/ Planning Engineer • Network Engineer (Cisco) • Network Security Engineer (Cisco) • Network Specialist— LAN Administrator (Cisco) • MS Exchange Engineer • Anti -Virus & Anti -SPAM Services Administrator • Data Center Engineer (HP servers, Win OS, VMware, HP SAN) • Wireless infrastructure Engineer (Aruba) 25E -143 15 6. ORDER PROCESS When a need for temporary technology contract services or consulting arises, the City may contact any or all of the Proposer(s) (those Proposers selected and awarded an agreement) a. The City will provide the assignment details and necessary qualifications to the Proposer(s) and a point -of- contact for the assignment. b. The City's point -of- contact is available to answer any questions Proposer(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. c. The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, reference checks, etc.) to Identify qualified potential candidates. d. The Proposer(s) will provide the City's point -of- contact with resumes of qualified potential candidates. e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. I. From the candidates offered by Proposer(s), the City may elect to conduct a telephone or in- person interview with one or more of the potential candidate(s). The City's point-of- contact will get in touch with the Proposer(s) to work out the arrangements. g, The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. h, When the City has identified a candidate that It wishes to engage and has notified the Proposer, the Proposer will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of an engagement with the City. I. Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and final details will be worked out. j, The City agreement manager will send a confirming electronic mail message to the Proposer as final confirmation of the engagement. k: After a candidate has been accepted but prior to beginning the engagement, the Proposer will inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g, time reporting, requesting time off, personnel benefits, etc.) I. After an engagement starts, the Proposer will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 6. PERMS & CONDITIONS The following terms and conditions will be included in any subsequent agreement with the City. These terms and conditions are being repeated in this RFP due to their special impact in defining a contractual relationship between prospective Proposer(s) and the City, 6.1 Background Investigations Unless exempted by the City, Proposer(s) will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPID background investigation prior to beginning work with SAPID. Full name, address, phone number, birth date, Social Security number and driver's license number RFP 16 -140 November 2016 16 25E -144 must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on-site services to SAPID. 6.2 Certificate of Insurance Proof of insurance is NOT required to be submitted with the proposal, but it will be required prior to the City's award of any Agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Sample Agreement (See Appendix B) and in the Sample Insurance Forms (See Appendix G). Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. 6.3 City Responsibilities There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. 6.4 Cancellation The agreement may be cancelled by either party with 30 days' written notice. 6.5 Contract Service Personnel & Consultants This Agreement shall not render the Contract Service Personnel and Consultants an employee, partner, agent of or joint venturer with the City for any purpose, Any Contract Service Personnel and Consultant is and will remain an independent contractor in (his or her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Service Personnel's and Consultant's compensation hereunder. The Contract Service Personnel and Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. 6.6 Documents to Be Construed Together The Request for Proposals, the Proposal and all documents referred to in the complete specifications and the Agreement to be entered into between the Proposer and the City, and all modifications of said documents, shall be construed together as one document. 6.7 Errors and Omissions Proposer(s) shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and called in a timely manner to the attention of the City. 6.8 Evidence of Financial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable them to fulfill this Agreement. 6.9 Firm Commitment of Availability of Service Once a proposal is opened, a Proposer is otherwise expected to maintain an availability of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals. RFP 16 -140 November 2016 25E -145 17 6.10 Intellectual Property Rights All work performed by temporary contract service personnel /consultants for the City becomes the sole property of the City of Santa Ana, and the City retains all rights to that work. 6.11 Invoices Proposer(s) will submit invoices upon completion of work performed. As a basis for payment of invoices, temporary staff /consultants must provide Proposer(s) with a timesheet for each billing period, signed by their City of Santa Ana supervisor, This timesheet must show the project assignments during the billing period and hours worked for each project. All invoices submitted for payment must show the breakdown of hours actually worked for each individual according to their timesheets. The City will pay invoices within 30 days after approval by the City Agreement administrator. No purchase orders will be issued. 6.12 Labor and Wage Requirements The Proposer shall be fully responsible for ensuring: a) The payment of all salaries, wages, bonuses, Social Security, Workers' Compensation taxes, Federal and State Unemployment Insurance, and any and all taxes relating to the personnel furnished under this agreement. b) Withholding State and Federal Income taxes c) F.I.C.A. taxes d) Providing Workers' Compensation for its personnel e) Compliance with all other laws relating to employees and contract personnel, such as wage and hour laws, safety and health requirements, and collective bargaining laws. 613 Orders The City does not guarantee any specific number of hours or assignments will be made during the life of this agreement. City requirements for temporary services not specified in this proposal will be contracted on the open market in the customary manner. Proposer(s) will be required to provide some mutually acceptable means for the City to contact them during normal business hours of 8:00 a.m. to 5 p.m. Pacific Time, Monday through Friday. 6.14 Overtime and Holidays The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. RFP 16 -140 November 2016 25E -146 18 The following are City Holidays; • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day (2 days) • Christmas Eve • Christmas Day 7. SUPPLEMENTAL QUESTIONS Proposer must include: a. Short summary description of the organization b. Short summary description of the ownership c. Description of the major service offered by the Proposer's firm d. List of acceptable invoicing frequencies, (i.e., weekly, bi- weekly, semi - monthly, monthly) e. The number of years that the Proposer has been in the business of providing temporary technology contract service personnel and /or consulting services of the kind sought by the City. (If company name or ownership has changed of the period cited, please note and explain.) f. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and /or consulting services g. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and /or consulting h. Confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and any resulting agreement including all administrative and billing procedures of the City i. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability j. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer. These resumes will not be used to rate potential candidates.) k. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) I. List of any unique qualifications and/or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology RFP 16 -140 November 2016 19 25E -147 fields /specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly - qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc. These are examples only and not mandatory services or qualifications. m. Description of Proposer's methods used to identify potential candidates n. Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment o. Description of Proposer's methods used to assess and confirm candidate's technology skills /knowledge, experience, work habits, interpersonal skills, etc. p. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment q. Description of the quality (as opposed to quantity) of the candidates within a job assignment (e.g. City seeks senior network engineer) that the Proposer can provide r. Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City s. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City t. Description of any programs and benefits provided by the Proposer to its Contract Service Personnel and Consultants engaged with the City that ensure their retention for the period required by the City u. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to become a City employee. If there is a minimum amount of contract time that would need to occur, specify that amount of time (e.g, After six months of placement, Contract Service Personnel may be hired without any penalties, etc.). RFP 16 -140 November 2016 25E -148 20 EXHIBIT B 25E -149 EXHIBIT C - PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES Certification - I certify that I have read; understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. 1. APPLICATION /TECHNOLOGY - SPECIFIC PRICING Complete this table if your organization consists of permanent employees who specialize in a specific application or technology and have fixed standard pricing. For example, you may provide a Lawson Technical resource or a Highl.ine functional resource. These should be actual committed rates that would good for the entire term of the agreement, including the optional renewals. Onsite rates should be fully inclusive of all travel costs. Add as many rows as necessary. Applicatlon/Technology Resource;Type Hourly Rate ,: Offsite no travel °: - Hourly "Rate " `= Onsite; inc: "travel r Minimum -Hours', lawson software technical consultant $150 per hour n/a 150.OQ n a 2. GENERAL STAFFING PRICING Complete these tables if your organization hires temporary employees or subcontractors to fill assignments (staffing firm model) for each of the Technology Specialties listed in Table 1, Exhibit A, Section 4. For example, you may provide a System Analyst or a Network Engineer. Estimated Rates These rates are just estimates based on current engagements that you have. Actual rates will be quoted at the time of order placement per the process described in Exhibit A, Section 5. Add as many rows as necessary. Technology Specialty= Estimated Hourly Rate Markup Percentages This reflects the markup percentages used by your firm to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markup will be higher. The second row should reflect the markup if a resource has already been identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 employee and Corp -to -Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the RFP 16 -140 December 2016 25E -150 17 offsite, na travel . - 'Est! ate- Hourly Rate` Onsike, incaravel Minimum` Hours ms s I 150.00 n/a Q ms windows a min 150.OQ n a Markup Percentages This reflects the markup percentages used by your firm to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markup will be higher. The second row should reflect the markup if a resource has already been identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 employee and Corp -to -Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the RFP 16 -140 December 2016 25E -150 17 entire term of the agreement, including optional renewals. ,Tdchnology,Specialty W2 Employee Corp to -Gorp Est. Hours Until Rate Drops Markup °f ` ` Markin "lo ` to identified Resource , Markup %* Proposer Found Resource n/a n/a Identified Resource n/a n/a NIA "To be determined at acceptance or candidate Stellarum Studios 352- 505 -6432 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 9017 NW 18th Place , Gainesville FL 32606 BUSINESS ADDRESS John Curtis President PRINTED NAME OF AUTHORIZED AGENT TITLE 12/8/2016 trebortoe @gmall.com STE E- MAILADDRESS n/a FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 16 -140 December 2016 25E -151 0 25E -152 Exhibit '7 AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 7th day of February, 2017 by Total Network Solutions, a California corporation. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 16 -140, by which it sought consultants to furnish information technology ( "IT ") professional services on an on -call basis. B. Consultant submitted a responsive proposal that was among seven selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -140 and attached herein as Exhibit A. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: L SCOPE OF SERVICES On an as- needed basis, and at the sole discretion of City, Consultant shall furnish IT professional consulting services as described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for a temporary technology service arises, the City may contact any or all of the Consultants selected for an agreement under RFP 16 -140 through the Order Process outlined in Section 2 below. 2. ORDER PROCESS When the need for a temporary technology service arises, the City may contact any or all of the Consultants awarded an agreement pursuant to RFP No, 16 -140. City will provide the assignment details and necessary qualifications to the Consultant and a point -of- contact for the assignment. a. The City's point -of- contact is available to answer any questions Consultant(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. b. The Consultant(s) will conduct a search (if necessary), match and qualify process skills (including technology assessment, personality assessment, reference checks, etc.) to identify qualified potential candidates. C, The Consultant(s) will provide the City's point-of-contact with resurnes of qualified potential candidates. d. The Consultant(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. e. From the candidates offered by the Consultant(s), the City may elect a telephone or in- person interview with one or more of the potential candidate(s). The City's point -of- contact will get in touch with the Consultant(s) to work out arrangements. 25E -153 f The City will select the candidate whose skills and experience best matches the City's heeds and who has the lowest total cost to the City. g. When the City has identified the candidate that it wished to engage and has notified the Consultant, the Consultant will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terins and conditions of the terms of engagement with the City. h. One the Consultant has completed the checks and confirmations, the Consultant will notify the City and final details will be worked out, i. The City Agreement manager will send a confirming electronic email message to the Consultant as final confirmation of the engagement. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will inform the candidate on pertinent Consultant business procedure (e.g. time reporting, requesting time off, personnel benefits, etc.) k. After an engagement starts, the Consultant will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 3. COMPENSATION a, Consultant is one of seven Consultants selected to provide IT professional services on an as- needed basis. Consultants have been selected pursuant to a competitive RPP process (RPP No. 16 -140). The total funds for all IT professional services provided by all seven Consultants is a collective amount not to exceed three million dollars ($3,000,000) per year for a total collective amount not to exceed twelve million dollars ($12,000,000) if all of the extensions are utilized. Consultant understands and acknowledges the following: (1) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. It is possible that City may not utilize Consultant's services at all; and (2) Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in the order process but not to exceed the parameters outlined in Consultant's Certification and Proposal Item Pricing' attached hereto as Exhibit B. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and continue through, February 6, 2018, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for three (3) one (1) year periods upon a writing executed by the City Manager and the City Attorney. If the Agreement is extended, all terms and conditions, including pricing shall remain the same and apply during the extended terms. ;- Exhibit C of Consultant's proposal in response to RPP No. 16 -140. 25E? 154 S. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in wbich Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a marmer consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to emploYees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance, In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for 25E -155 workers' compensation or to undertake self - insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined 'single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force andpaid for, the City shall have the right, at the City's election, to terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury; damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the 25E'-1 56 foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify, and hold harmless City, its officers, agents, representatives, and employees against any and all liability or losses, including costs and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright, alleged or contained in the work product or documents provided or used by Consultant under this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. it. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant withoutt reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 25E -157 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Chief Technology Innovations Officer Information Technology Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 M City Attorney City of Santa Ana 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 Fax (714) 647 -6956 To Consultant: Total Network Solutions 5150 East Pacific Coast Highway, Suite 530 Long Beach, CA 90804 Fax (562) 494 -8262 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25E6158 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. 25E -159 19. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. BACIfGROUND INVESTIGATIONS Unless exempted by the City, Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to beginning work with SAPD. Full name, address, phone number, birth date; Social Security number and driver's license number must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 21. OVERTIME AND HOLIDAYS The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. 22. JURISDICTION VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties fiirther agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25EA 60 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. A'T'TEST: Maria D. Huizar Clerk ofthe Council SONIA R. CARVALHO City Attorney Laura �A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jack Ciulla Chief Technology Innovations Officer Information Technology Department CITY OF SANTA ANA Gerardo Monet Acting City Manager CONSULTANT: James Bunnell President Total Network Solutions 25E-1 61 EXHIBITA 25E -162 EXHIBIT A - SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is soliciting proposals from qualified Proposers who can provide technology contract service personnel and consulting services on an as needed basis for a one - year period, with possible extensions of three (3) additional one -year periods. This term is subject to final approval by the Santa Ana City Council. Services under any resulting agreement will be for the Information Technology Department (ITD). ITD will administer agreement(s) resulting from this RFP. It is anticipated that the services provided through these agreements would be used in five (5) distinct manners: • Provide staff for temporary situations that do not justify the addition of regular City staff. (junior- and senior - level) • Provide temporary contract service personnel with unique technology skills to act as a technical resource to project teams for projects that do not justify the addition of regular staff. • Provide additional resources for situations that exceed the capacity of existing City staff. • Provide project -based consulting and implementation support (fixed or hourly cost). + Provide managed services based on service. (i.e., server support per server, desktop support per PC, etc,) All five (5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties. Technology contract service personnel and consultants will work individually as technical resources or as members of project teams, and will be under the overall general direction of City technology management. In certain instances, sub- projects may be contracted out. 1. OVERVIEW OF EXISTING SYSTEMS a. Infrastructure • About 40 physical Wintel -based servers and 250 + VMware virtualized servers supporting enterprise applications /services, local area networks and various department- specific applications + Multiple HP storage systems including Left Hand and SPAR, SAN nodes and clusters utilize !SCSI and Fiber Channel interfaces. RFP 16 -140 November 2016 25E -163 • Gigabit Ethernet fiber links through City Hall and connected annex • Multiple network segments supporting more than 24 City operating locations interconnected via a wide area network • Approximately 250 Aruba wireless access points throughout City Hall and most remote City facilities. Wireless network access is available for City staff and guest access. • Switched Ethernet backbone in City Hall connecting City Hall LANs and computer operating in the Central Computer Center • Mobile Device Management system utilized to manage and secure 334 personal and City issued smartphones and tablets • The City's telecommunications network serves 22 operating locations through an AT &T network of local, T -1, Fiber Optic and OPX lines with approximately 3,352 equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773 telephone instruments. • The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAR 2400 IPX, NEAX 2000 IPX, NEAX 2000 IRS), key systems (NEAX INFOSET 408) and 32 UP telephones plus a CENTIGRAM 640 voice processing system with 40 ports and 120 hours of storage. • The City has adopted the ANSI /EIA/TIA and NEC standards, as well as BICSI design and installation methods for all materials, installation, testing, configuration and documentation of the City telecommunications infrastructure. These guidelines are based upon widely used industry standards such as, but not limited to, EIA/TIA 568, 569, 570, 606A, 607, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b. Applications • Infoc Lawson financial application • Highline HR/Payrotl application • - Lascrfichedocumentmanagement. • ESRI GIS • CherwellITS1VI • IVOS Workers' Compensation • Tritech CAD and RMS • iNovah cashiering • Systems and Software's enQuesta CIS • Drupal CMS • Various ,NET -based homegrown applications • Various Microsoft Access -based applications c. Desktop /Mobile. • Approximately 2,000 Dell desktop and laptop computers • Approximately 300 Apple iPhone, Apple iPad and Samsung Galaxy devices RFP 16 -140 November 2016 25E -164 1E 2. SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perform assignments of varying length. Multiple pre- approved Proposers may be contacted to propose resources and a quote for a requested assignment/project. In response to requests from the Information Technology Department, the Proposer(s) shall: a. Research their roster of personnel and /or recruit for potential candidates. b. Screen available candidates in order to match technology skills and work experience with requirements of the City job assignments. c. Confirm candidate qualifications including technology skills, experience, work habits, interpersonal skills, quality of work performed, reference checks, etc. d. Confirm candidate availability for the City assignment. e. Provide the Information Services Division with resumes of screened qualified candidates (identifying skills, work experience and education) and their charge (i.e. bill) rates. f. Upon the City's conditional acceptance of a candidate, conduct background checks (See Section 6.1 for details). g. After a candidate has been accepted but prior to beginning the engagement, inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g, time reporting, requesting time off, personnel benefits, etc.) h. After an engagement starts, monitor their personnel /s' performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. There is no guarantee as to the number of times a Proposer will be used or the dollar amount that will be expended with them. 3. PROPOSER RESPONSIBILITIES a. Proposer(s) will be responsible for all payments and benefits for contract service personnel placed on assignments with the City, including payroll, taxes, other withholding, vacation, other benefits, etc. (See Section 6.13 for details). b. Proposer(s) will be responsible for the conduct of any temporary contract service personnel placed with the City. If, at the sole discretion of the City, a temporary contract service person is determined to be unsatisfactory for any reason, the Proposer will withdraw the individual upon notification by the City. The City will not be charged for the period of unsatisfactory service. c. Proposer(s) will provide training and education programs for their personnel on assignment with the City. This is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. Proposer(s) will provide programs that will promote the retention of their personnel on assignment with the City. RFP 16 -140 November 2016 25E -165 iE 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO BE PROVIDED The skills and services will be needed in the technology categories of: • Application & Development Services • Telecommunications Services • User Support Services • Business / Application / Project Consulting Services • Technology Operations & Support Services Specific abilities required will vary depending on the operations and projects involved. Detailed identification of knowledge, skills, abilities, experience and education will be provided for each assignment with the City. Table 1, below, shows a sample of technology - related positions by category for which the City may seek Proposer(s) to provide contract service personnel. This list is not exhaustive or fired. As the technology needs of the City change, the technology specialties sought will also change. This list does demonstrate the range and depth of technology fields and positions potentially sought by the City. Contract service personnel and consultants may be expected to perform other related duties not specifically detailed herein or in the City's pre - engagement description of the assignment (at the quoted rate) but that are generally within the scope of the job classification requirements for knowledge skills and abilities specified. The City does not require that each Proposer be able to provide candidates for all the range and depth of technology job positions covered by this RFP. Each Proposer will be asked in its proposal to identify the technology category or categories for which it can provide qualified candidates or consulting services to the City. RFP 16 -140 November 2016 25E -166 14 Table 1 -Potential Technology Specialties by Category (caution: List is notcompraheas/ve) Applications & Development Services • Systems Architect and Engineer • Systems Analyst • Programmer/Developer (MS Windows Visual Studio and SQL for client/server environment) • Web Developer (.NET /PHP) • Database Administrator (MS SOL) • Document Imaging Application Specialist • Business Intelligence Specialist • Mobile App developer (10S & android OS) Telecommunications Services • Telephone System Administrator • Telephone System Engineer • Voice System Engineer (Centigram) • Cabling Installer User Support Services • Help Desk Specialist • IT Support Specialist (Desktop) • Mobility Technology Coordinator • IT Support Intern RFP 16 -140 November2016 Business / Application / Project Consulting Services • IT Business Analyst (with municipal government experience) • Project Lead (for deployment of purchased software application) • Project Lead (for software development project) • Technology Consultant for specialized application (See Section A above, e.g., Lawson, HighLine, etc.) • System Evaluation & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture/ Planning Engineer • Network Engineer (Cisco) • Network Security Engineer (Cisco) • Network Specialist — LAN Administrator (Cisco) • MS Exchange Engineer • Anti -Virus & Anti -SPAM Services Administrator • Data Center Engineer (HP servers, Win OS, VMware, HP SAN) • Wireless infrastructure Engineer (Aruba) 25E -167 15 When a need for temporary technology contract services or consulting arises, the City may contact any or all of the Proposer(s) (those Proposers selected and awarded an agreement) a. The City will provide the assignment details and necessary qualifications to the Proposer(s) and a point -of- contact for the assignment. b. The City's point-of-contact is available to answer any questions Proposer(s) may have on the assignment, the qualifications, experience /skill level needed, desired pay rate, etc. c. The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, reference checks, etc.) to Identify qualified potential candidates, d. The Proposer(s) will provide the City's point -of- contact with resumes of qualified potential candidates. e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential candidate. f, From the candidates offered by Proposer(s), the City may elect to conduct a telephone or in- person interview with one or more of the potential candidate(s), The City's point- of- contactwill get in touch with the Proposer(s) to work out the arrangements. g. The City will select the candidate whose skills and experience best matches the City's needs and who has the lowest total cost to the City. h. When the City has identified a candidate that it wishes to engage and has notified the Proposer, the Proposer will conduct background checks, and confirm candidate availability, interest in the engagement and acceptance of the terms and conditions of an engagement with the City. i. Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and final details will be worked out. j. The City agreement manager will send a confirming electronic mall message to the Proposer as final confirmation of the engagement. k. After a candidate has been accepted but prior to beginning the engagement, the Proposer will inform the candidate on the standard of conduct required of those working with the City and brief the candidate on pertinent Proposer business procedures (e.g, time reporting, requesting time off, personnel benefits, etc.) 1. After an engagement starts, the Proposer will monitor their personnel's performance on a periodic basis to ensure their continuing fit with the City and the City's satisfaction. 6. TERMS & CONDITIONS The following terms and conditions will be included in any subsequent agreement with the City. These terms and conditions are being repeated in this RFP due to their special impact in defining a contractual relationship between prospective Proposer(s) and the City. 6.1 Background Investigations Unless exempted by the City, Proposer(s) will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assignment with or in support of the Santa Ana Police Department (SAPD) will be required to pass a SAPID background investigation prior to beginning work with SAPID. Full name, address, phone number, birth date, Social Security number and driver's license number RFP 16 -140 November 2016 25E -168 16 must be furnished to the City upon request. An application for SAPID background must be completed by each prospective contract service person who will be providing on -site services to SAPID. 6.2 Certificate of Insurance Proof of Insurance is NOT required to be submitted with the proposal, but it will be required prior to the City's award of any Agreement. Proposers should carefully consider the City insurance requirements and the related documentation included in the Sample Agreement (See Appendix B) and in the Sample Insurance Forms (See. Appendix G). Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. 6.3 City Responsibilities There is no guarantee as to the number of times an agency will be used or the dollar amount that will be expended with them. 6.4 Cancellation The agreement may be cancelled by either party with 30 days' written notice. 6.5 Contract Service Personnel & Consultants This Agreement shall not render the Contract Service Personnel and Consultants an employee, partner, agent of or joint venturer with the City for any purpose. Any Contract Service Personnel and Consultant is and will remain an independent contractor in (his or her) relationship to the City. The City shall not be responsible for withholding taxes with respect to the Service Personnel's and Consultant's compensation hereunder. The Contract Service Personnel and Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker's compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind. 6,6 Documents to Be Construed Together The Request for Proposals, the Proposal and all documents referred to in the complete specifications and the Agreement to be entered into between the Proposer and the City, and all modifications of said documents, shall be construed together as one document. 6.7 Errors and Omissions Proposer(s) shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and called in a timely manner to the attention of the City. 6.8 Evidence of Financial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable them to fulfill this Agreement. 6.9 Firm Commitment of Availability of Service Once a proposal is opened, a Proposer is otherwise expected to maintain an availability of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals. RFP 16 -140 November 2016 25E -169 IN 6.10 Intellectual Property Rights All work performed by temporary contract service personnel /consultants for the City becomes the sole property of the City of Santa Ana, and the City retains all rights to that work. 6.11 invoices Proposer(s) will submit invoices upon completion of work performed. As a basis for payment of invoices, temporary staff /consultants must provide Proposer(s) with a timesheet for each billing period, signed by their City of Santa Ana supervisor. This timesheet must show the project assignments during the billing period and hours worked for each project. All invoices submitted for payment must show the breakdown of hours actually worked for each individual according to their timesheets. The City will pay invoices within 30 days after approval by the City Agreement administrator. No purchase orders will be issued. 6.12 Labor and Wage Requirements The Proposer shad be fully responsible for ensuring: a) The payment of all salaries, wages, bonuses, Social Security, Workers' Compensation taxes, Federal and State Unemployment Insurance, and any and all taxes relating to the personnel furnished under this agreement. b) Withholding State and Federal Income taxes c) F.I.C.A, taxes d) Providing Workers' Compensation for its personnel e) Compliance with all other laws relating to employees and contract personnel, such as wage and hour laws, safety and health requirements, and collective bargaining laws. 6.13 Orders The City does not guarantee any specific number of hours or assignments will be made during the life of this agreement. City requirements for temporary services not specified in this proposal will be contracted on the open market in the customary manner. Proposer(s) will be required to provide some mutually acceptable means for the City to contact them during normal business hours of 8:00 a.m. to 5 p.m. Pacific Time, Monday through Friday. 6.14 Overtime and Holidays The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked. Overtime will be considered as anytime in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. RFP 16 -140 November 2016 25E -170 is The following are City Holidays: • New Year's Day • Martin Luther King Jr. Day • Presidents' Day • Memorial Day Independence Day • Labor Day Veterans Day • Thanksgiving Day (2 days) • Christmas Eve • Christmas Day 7. SUPPLEMENTAL QUESTIONS Proposer must Include: a. Short summary description of the organization b. Short summary description of the ownership c. Description of the major service offered by the Proposer's firm d, List of acceptable invoicing frequencies. (i.e., weekly, bi- weekly, semi - monthly, monthly) e. The number of years that the Proposer has been in the business of providing temporary technology contract service personnel and /or consulting services of the kind sought by the City. (If company name or ownership has changed of the period cited, please note and explain.) I. Description of the overall qualifications of the Proposer, including its experience and its ability to provide temporary technology contract service personnel and/or consulting services g. Description of any unique qualifications and experience that distinguish the Proposer's ability to provide temporary technology staffing and /or consulting h. Confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and any resulting agreement including all administrative and billing procedures of the City i. Description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability j. No more than three (3) samples of the style of resumes that your firm would provide to clients. (This will allow the City to assess the readability of the formats and the usefulness of contents of the resumes the City could expect from the Proposer. These resumes will not be used to rate potential candidates.) k. List of the types of technology specialties for which the Proposer provides temporary placements or consulting services. (For example, if you only provide consulting services for a specific product or skill -set, please specify.) I. List of any unique qualifications and /or experience that distinguish the Proposer's ability to provide temporary Contract Service Personnel or consulting services in the various technology RFP 16 -140 November 2016 19 25E -171 fields /specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qualifying testing, to use highly - qualified technology screeners to evaluate and rate candidates'skills, to employ special techniques to track a placed contractor's performance, to provide on -call for specialized technology needs, etc. These are examples only and not mandatory services or qualifications. m. Description of Proposer's methods used to identify potential candidates n. Description of Proposer's methods used to screen candidates and to match their qualifications against the requirements of a City job assignment o. Description of Proposer's methods used to assess and confirm candidate's technology skills /knowledge, experience, work habits, interpersonal skills, etc. p. Description of Proposer's methods used to establish candidate availability with respect to the project schedule of the City assignment q. Description of the quality (as opposed to quantity) of the candidates within a job assignment (e.g. City seeks senior network engineer) that the Proposer can provide r. Explanation of any training opportunities made available by the Proposer for technology personnel engaged with the City s. Explanation of any effort the Proposer takes to ensure that the technology knowledge and skills of its staff engaged with the City are maintained and refreshed during long term engagements with the City L Description of any programs and benefits provided by the Proposer to its Contract Service Personnel and Consultants engaged with the City that ensure their retention for the period required by the City u. Confirmation that there are no penalties to the City, Contract Service Personnel or consultants if the individual was to become a City employee. If there is a minimum amount of contract time that would need to occur, specify that amount of time (e.g, After six months of placement, Contract Service Personnel may be hired without any penalties, etc.). RFP 16 -140 November 2016 25E -172 20 EXHIBIT B 25E -173 NETWORK TOTAL YOUR IT SOL.UTMNS PRQV10i T k. Retention We pride ourselves on our ability to attract and retain quality candidates. We use lnsperity as our HR and benefits provider so we are able to leverage Fortune 500 benefits to our small business staff. In addition to these types of benefits, we enjoy maintaining a family business type personal feel within our corporate culture. We go out of our way to provide a positive working environment that respects personal time, work life balance and encourages a team like approach to supporting our clients. We also like to use a referral based system of candidate recruitment utilizing our existing staff and clients. This enabled us to identify strong candidates. Exhibits EXHIBIT C - PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES Certification - I certify that 1 have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. 1. APPLICATION /TECHNOLOGY - SPECIFIC PRICING Aplic'ationCi ec7tnoIogy,t.� � � •.a RasourceType -� i Hourly Rata (Offsrti notravel) Hourly Rate jcniirly °(Onsne rnc" travel) 34t Y Mtmmum.. Hou[s -„ User Support Services Help Desk Specialist $50 $65 40 User Support Services Desktop Support Specialist $55 $65 40 User Support Services IT Support Intern $30 $40 40 Technology Operations Infrastructure Architecture $150 $175 20 Technology Operations Network Engineer (Cisco) $135 $160 40 Technology Operations Network Security Engineer $165 $195 20 Technology Operations Network Specialist -LAN $150 $175 20 Technology Operations MS Exchange Engineer $135 $150 16 Technology Operations Anti- Virus /Spam Services $130 $145 16 Technology Operations Data Center Engineer $1.40 $160 20 Technology Operations Wireless Infrastructure Eng. $120 $145 16 PAGE 1 11 City of Santa Ana I Information Technology As- Needed Professional Services Proposal 25E -174 TOTAL NETWORK YOUR IT SOLUTIONS PROVIDER SOLUTIONS Complete this table if your organization consists of permanent employees who specialize in a specific application or technology and have Fixed standard pricing. For example, you may provide a Lawson Technical resource or a HighLine functional resource. These should be actual committed rates that would good for the entire term of the agreement, including the optional renewals. Onsite rates should be fully inclusive of all travel costs. Add as many rows as necessary. 2, GENERAL STAFFING PRICING Complete these tables ifyour organization hires temporary employees or subcontractors to fill assignments (staffing firm model) for each of the Technology Specialties listed in Table t, Exhibit A, Section 4. For example, you may provide a System Analyst or a Network Engineer. Estimated Rates These rates are just estimates based on current engagements that you have. Actual rates will be quoted at the time of order placement per the process described in Exhibit A, Section 5. Add as many rows as necessary. 'r Hue 'NiiW'+'3^�$`nuk"�ry Ubd�Ve+Y_`u4iS Technology Specialty rvas-- ate H X'6kv.A it4 e m m=AM Estimated Hourly Rate (Offsite, no travel) , : al WICi d lc iia Y.. Estimated Hourly Rate - (Onsite; inc, , travel) , e .n... n Bev n Minimuun Hours Markup % Markup % Identified Resource Markup % Proposer Found Resource 40 30 600 Identified Resource 30 20 Markup Percentages This reflects the markup percentages used by your firm to when staffing Contract Service Personnel with the City. The first row reflects the markup if the Proposer(s) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markup will be higher. The second row should reflect the markup if a resource has already been identified and no marketing is required. Furthermore, identify the different markup percentages between a W2 employee and Corp -to -Corp resource. Finally, estimate approximately how many hours would be necessary before the markup (and corresponding rate) would drop to that of the Identified resource markup percentage. These percentages should remain fixed throughout the entire term of the agreement, including optional renewals. �.. Technology Specialty . W2 Employee Corp -to -Corp Est. Hours Until Rate Drops to Markup % Markup % Identified Resource Markup % Proposer Found Resource 40 30 600 Identified Resource 30 20 * To be determined at acceptance of canaraace PAGE 1 12 City of Santa Ana I Information Technology As- Needed Professional Services Proposal 25E -175 LEGAL NAME OF COMPANY 5150 E Pacific Coast Hwy Suite 530 Long Beach CA 90804 BUSINESS ADDRESS Youk IT SOLUTI07NIS PROVIDER (562) 472 -0876 Phone/ (562) 494 -8262 PHONE AND FAX Masy Bunnell COO PRINTED NAME OF AUTHORIZED AGENT TITLE tily BKw1� 12/08/2016 masy n totalnetsol.com SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTbR LICENSENUMBER(IF [CABLE) TH[S FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. EXHIBIT D - REFERENCES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY AS- NEEDED PROFESSIONAL SERVICES List and describe fully the contracts performed by your firm that demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if cult aired. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Client Name City /Type of Business Engagement Description Contact Contract Amount Global Vancouver Full time 24x7 Help Natasha Raj $280,000.00 Container BC /Shipping Desk support personnel 604 -267 -5361 Terminals Terminal in place. Network Auditing and Planning PAGE 1 13 City of Santa Ana I Information Technology As- Needed Professional Services Proposal 25E -176