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HomeMy WebLinkAboutRYTE PROFESSIONALS INC. THE - 2017A-2017-020 LU C) r� _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 U-1 corporation organized and existing under the Constitution and laws of the State of California ("City"). 00 RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 16-140, by which it sought consultants to fuznish infon-nation 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 froze 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 meed 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. C. 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 wort-, out arrangements. f. The City will select the candidate whose skills and experience best snatches 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 confinnation of the engagement. j. After a candidate has been accepted but prior to the beginning the engagement, the Consultant will infonn 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 lniniinurn 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 perfonned, 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 RFP No, 16-140. 2 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire terns 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. b. 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 cornmercial general liability insurance naming the City, its ofhcers, 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 of0eers, 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. 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 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 frill 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 terininate 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 indernnity 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 indcrnnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the 4 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 INDEMNIFICA'T'ION Consultant shall defend, indemnify, and Bold harmless City, its officers, agents, representatives, and employees against any and all liability or Iosses, 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 perfouned 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. CONFIDENTIALI'T'Y 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 INTERS, ST 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. NO'T'ICE 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 RYTE Professionals, Inc. 4699 MonteFno Drive Cypress, CA 90630 Fax (714) 821-0009 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 teras of this Agreement and any attachments hereto, the terns 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 6 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 oil 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 prion 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. 1b. WAIVER No waiver of 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 perfornled 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 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 backg ound 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 tune 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 tune 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 terra of this Agreement, maintain all necessary licenses, pennits, 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. 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 frilly, 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 alcove written. ATTEST: _ .-<'-:). Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI-IO City Attorney By: 4ou-KI, Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: r Jack uli Clhie echthology Innovations Officer Infoznation Technology Department 9 CITY OF SANTA ANA "14 Gerardo Mouet _ Acting City Manager CONSULTANT: /VL1 Wende Morishige President The RyTE Professionals, Inc. V, **1'0� EXHIBITA 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 terra 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 1 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 + VMwaro 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 # 1 • 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 (NEAR 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/EIAfTIA 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, 57D, 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 CTS • Drupal CMS • Variol.rS .NET -based homegrown applications • Various Microsoft Access -based applications c. Desktop/Mobile. • Approximately 2,000 Dell desktop and laptop coEnputers • Approximately 300 Apple iPhone, Apple Wad and Sarnsung Galaxy devices RFP 16-140 November 2016 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 1 S 4. DESCRIPTION OF TECHNOLOGY POSITIONS TO SE PROVIDED The skills and services will be needed in the technology categories of: Application & Development Services • Telecommunications Services • user Support Services • Business 1 Application 1 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 1s-140 November 2016 14 Table 1 - Potential Technology Specialties by Category (Caution: Llstis notcomprehenslvel Applications & Development Services • Systems Architect and Engineer • Systems Analyst • Programmer/Developer (MS Windows Visual Studio and SQL for cUentlserver 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, 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 e=ngineer (Aruba) 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. 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. Atter 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 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 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. 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 Bequest 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 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. Ali 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.1.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 1$ 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 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 15 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 skiffs, 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.). RPP 16-140 November 2016 20 EXHfBIr a k tl Y 4699 Montefino Drive Cypress, CA 90630 Main line: 714.821,6699 Fax: 714.821.0049 M4 rytepros.com 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. 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 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. 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 skillsets. 21 ■ E Pros .: L 4699 M.ontefino drive Cypress, CA 90630 Main line; 714.821,6699 Fax. 714.821.0009 rytepros.com Estimated Hourly Technology Specialty Rate Offsite, no travel Estimated Hourly Rate Onsite, Inc., travel Minimum Hours Applications & Development Services Systems Architect and Engineer $85.00 - $110.00 $85.00 - $110.00 40 hours Systems Analyst $70.00 - $85.00 $70.00 - $85.00 40 hours Programmer/Developer (MS Windows Visual Studio and SQL for clfent/server environment) $60.00 - $85.00 Web Developer .NET/PMP $65.00 - $85.00 $60.00 - $85.00 $65.00 - $85.00 40 hours 40 hours Database AdministratorM5 SQL $80.00-$1 - 00.00 $80.00 - $100.00 40 hours Document Imaging Application Specialist $65.00 - $85.00 Business Intelli ence Ser ecialist $80.00 - $95.00 $65.00 - $85.00 $85.00 - $95-00 40 hours 40 hours Mobile A s develo 1OS and Android OS $70.00 - $95,00 $70.00 - $95,00 40 hours Telecommunications Services Telephone S stems Administrator NIA Telephone System Engineer N/A Voice S stem En ineer Centi tarn N/A Cabling Installer NIA User Support Services NIA NIA N/A N/A 40 hours 40 hours 40 hours Help Desk Specialist $25.0+0 - $45.00 IT Support Specialist(Desktop) $25.00 - $45.00 Mobility Technology Coordinator $45.00 - $85.00 $25.00 - $45.00 $25.00 - $45.00 $45.00 - $65.00 40 hours 40 hours 40 hours IT Support Inter $20.00 - $30.00 $20.00 - $30.00 40 hours Business/Application/Project 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 a llcation) $80.00 - $90.00 $80,00 -.$90.00 40 hours Technology Consultant for specialized application $80.00 - $110.00 System Evaluation & Selection Consultant $80.00 - $95.00 Business Analyst $65.00 - $85.00 $80.00 - $110.00 $80.00 - $95.00 $65-00 - $85.00 40 hours 40 hours 40 hours Project Coordinator $50.00 - $75,00 Program Mann er $85.00 - $110.00 $50.00 - $75.00 $85.00 - $110.00 40 hours 40 hours Pro'eci Manager $85.00 - $110.00 $85.00 - $110.00 40 hours 22 TE Pros is Technology Operations & Support Services Infrastructure Architecture/Planning Engineer Network En ineer Cisco Network security Engineer (Cisco) MS Exchange Engineer Anti Virus & Anti SPAM Services Administrator Data Center Engineer (HP servers, Win OS, Vmware, HP San) Wireless Infrastructure Enaineer fArifhal 4699 Montefino Drive Cypress, CA 90630 Main line: 71 x#.821.6699 Fax: 714,821,0009 rytepros.carn $85,00 - $110.00 $85.00 - $110.00 40 hours $70.00 - $95.00 $75.00 - $95.00 40 hours $65.00 - $80.00 $65.00 - $80.00 40 hours $65.00 - $80,00 $65.00 - $80.00 40 hours $60.00 - $75.00 $60.00 - $75,00 40 hours $65.00 - $85.00 $75.00 - $95.00 40 hours $70.00 - $95.00 $75.00 - $95.00 40 hours 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 NIA in the box, we currently do not have those skillsets working for us. 23 Kyw Pros E Markup Percentages 4699 Montefino Drive Cypress, CA 90630 Main lite: 714.821.6699 Fax., 714.821.0009 rytepros.corn 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. Tours Until Rate Markup % Markup % Drops to Identified Resource Marko % Proposer Found Resource 35% 20% NIA Identified Resource 30%* 15%* NIA To be determined at acceptance of candidate * Please note: Due to California tax laws and mandates in place:, our payroll or Identified Resource markup must include adjustments for this. Depending on the rate, this markup could fluctuate to a lesser SWS2, Inc./DBA THE RyTE Professionals 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 2/9/17 TITLE 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 SWS21-1 OP ID: N ACC�►1 I► CERTIFICATE OF LIABILITY INSURANCE DATE n'11n1J9n4 YY) Pt "t!!ti i'... !'tl17 THUS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT' BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the ,policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jose Milik & Associates Insurance NAME: ph Flares PHONE91)9-468 2233 -. .- FAx 909-4613-2232 Services, Inc. LAIC No, o Extl (.AACA Nol - — 917 S Village Oaks Dr, 101 E-MAIL Covina, CA 911724 ADDRESS: joseph cI millkllnsurance.com -- Joseph Flores ..... ...,INS�R"I S) AFFORDING COVERAGE-- NAIC # INSURER A: Hartford Insurance Group 129424 — _. . INSURED Svds2 Inc. - -- INSURER B:Zurich American Insurance Co 40142 a the Ryte Professionals 4699 Montefino Dr. INSURER c Cypress, DA 90630 INSURER D INSURER E INSURER F COVPPAGFS CFRTIFICATF MIIMRr-P- RFXnelnnl K1111RAPPID. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH' THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRi ADDL - - LTR TYPE OF INSURANCE. 3UBR1 ... ..... ...................._... POLICY EFF POLICYEXP SID POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A I X COMMERCIAL.. GENERAL LIABILITY.. �'1 EACH OCCURRENCE $ 1,000,00 - CLAIMS -MADE [ l OCCUR X 72SBAUU2017 09/0512016 ' 09/05/2017 i,. '_DAMAGE TICS RENTED - - - II...pR�MISES_�Ea gPcurrence) $-___- 1,000,00 MED EXP (Anyone person) $ 10,000 PERSONAL 1 ADV INJURY $ 1,000,000 G,ENL AGGREGATE LIMIT APPLIES PER: J GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO- f JECR LOC _.. PRODUCTS . COMPIOP AGG $ 2,000,000 _. OTHER: $ AUTOMOBILE _ „ LIABILITY COMBINED SINGLE LIMIT S 1,000�,000 �Ea accident) BODILY INJURY (Per person) S A ANY AUTO 72SBAUU2017 09105/2016 09105/2017 ` ALL OWNED -- SCHEDULED AUTOS AUTOS f BODILY INJURY (Par acaudent) $ ...'., x_-. NON -OWNED HIRED AUTOS --_ AUTOS f . PROPERTY DAMAGE S Per accident) � X t UMBRELLA LIAR' OCCUR EACH OCCURRENCE $ 5,000,00,- ---- AGGREGATE $ 5,000,000 A EXCESS LIA6GLAI'.MSMADE'2SBAUU2017 09105/2016 09/05/2017 I DER RETENTION WORKERS COMPENSATION PER OTH X A AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTI'VE OFFICERIMEMBER EXCLUD= YI 1 N''�p� N I A 72WECLR1S01 09/05120116 09/0512017 STATUTE ER _ IE.L EACH ACCIDENT $ 1,000 000 ----- ................... .. ................ . —L. clator in Nu) I E=. L, DISEASE - EA EMPLOYEE $ 1,000,000 IfNye DESCRtlPTION OF OPERATIONS below I --- .. _ E .. DISEASE - POLICY LIMIT $ 1,000,000 B Professional' PRA009333000 04/0112016 04101/2017 jAggregate 5,000,000 B Crime PRA009333000 04/01/2016 04/01/2017 bis Acts 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks. Schedule, may he attached tf more space is required) "30 day notice of cancellation except in the event of nonpayment. The City of Santa Ana, its officers, employees, agents, and representatives are named as Additional Insured regarding the General Liability policy (endorsement to be issued by carrier). t:CKI Irlti•AIC MULL)r-K L;ANGt,LLAIIUN CIT'YSAA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Finance & Management Servs.. 20 Civic Center Plaza, M-16 AUTHORIZED REPRESENTATIVE PO Box 1988 r Santa Anal, CA 92702 O 1'9168-2014 ACORD CORPORATION, All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other If notice is mailed, proof of mailing to the last known than for non-payment of premium, notice of such mailing address of the certificate holder(s) on file with cancellation will be provided at least thirty (30) days the agent of record or the Company will be sufficient in advance of the cancellation effective date to the proof of notice. certificate holder(s) with mailing addresses on file Any notification rights provided by this endorsement with the agent of record or the Company. apply only to active certificate holder(s) who were issued B. If this policy is cancelled by the company for non- a certificate of insurance applicable to this policy's term. payment of premium, or by the insured, notice of Failure to provide such notice to the certificate holder(s) such cancellation will be provided within ten (10) will not amend or extend the date the cancellation days of the cancellation effective date to the becomes effective, nor will it negate cancellation of the certificate holder(s) with mailing addresses on file policy. Failure to send notice shall impose no liability of with the agent of record or the Company. any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 2011, The Hartford ADDITIONAL INSURED ENDORSEMENT Insurance Company The Hartford This endorsement # 72SBAUU2017 modifies such insurance as relating to the following: is afforded by the provisions of Policy The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 2/14/2017 , this endorsement form as part of issued to SWS2, Inc dba The Ryte Professionals Name Insured Countersigned by