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SIERRA CYBERNETICS INC - 2017
V @ A-2017-022 LU_ z\A�1 EN1,ENT TO PROVIDE INFORMATION TECf1N0 LOC; .' PROFESSTONAL SERI ICES 1 n� ,�e� ON AN ON-CALL BASIS THIS AGREEMENT" is glade and entered into this '7th day of February, 2017 by Sierra Cybermetrics, Inc,, co C a Calif0i a corporation. ("Consultant"), and the City of Santa Ana, a charter city And municipal corporation organized and existing udder the Constitution and laws of the State of California ("City"). RECITALS A. On November 15, 2016, the City issued Request for Proposal No. 164140, by which it sought consultants to furnish information technology ("IT") professional services on an on-call basis. I3. Consultant submitted a responsive proposal that was among; seven selected by the City. Consultant represents that it is able aad 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 perforated 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 -deeded 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 pointwof-contact for the assignment. a. The City's point -of -contact is available to answer any questions Consultant(s) may have on the assigninen.t, the qualifications, experience/skill level needed, desired pay rate, etc. b. The Consultants) 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,,,; agreement manager with the proposed bill rate for cacti 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 Consultants) 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 availability, interest in the ongagernent and acceptance of the terms and conditions of the tetrns of engagement with the City. h. Ono the Consultant has completed the checks and confirmations, the Consultant will notify the City and tidal details will be wormed out. i. The City Agrmizient marxager 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 cog agornent, 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 petwnnel'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 maximurn 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 parmneters 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. 'ERM 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 termg and conditions, including pricing shall remain the same and apply during the extended terrns. {-Exhibit C o[Consultant's proposal in response to RFP No. 16-140. 5, INDEPENDENT CONTRACTOR Consultant shall, dixing the entire term of this Agreement, be construed to be an independent contractor and not as employee of the City. This Agreement is not intended nor shall it be construed to create an crnployer-employee relationship, a joint venture re€ations hip, or to allow the City to exercise discretion or control over the professional -manner in which Consultant perforins the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in it 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 areprepared or caused to be prepared by Consultant ender this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in wi%iting that City is granted a non-exclusive and perpotual 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 Docuaaaents & Data which were provided to CQnsultant 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. i. INSURANCE Prior to undertaking perfuirnance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a, Coau-nercial General Liability Insurance. Consultant shall maintain commerdial general liability insurance naming the City, its officers, etnployees, 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 operatioas in the perforniaace 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 tlaerefrorra, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) Marne the City, .its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not cc7ntributory with respect to insurance or sell' -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, fired and nolo-owned autornobiles. c. workers' Compemation Insurance, In accordance with the California Labor Lode, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the pecfatMnce of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less titan $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors andotnissions) 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 fumishad 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 tune 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 HARIVIL ESS/1N DEiV;;is IFICATION 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 datnage, which may arise from the negligenco or willful misconduct of the Consultant or its, subcontractors, agents, etnployces, 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 terns of or effects arising frorn this Agreement, This indomnity and hula harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been guffered, 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, hiclnding 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 orequitable relief due to personal or property rights arises by reascn of the tcr-tns of, or effects arising from this Agreement. City may make all reasonable decisions wit]} respect to its representation in any legal proceeding. Consultant's indeninihcation obligations its 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 INDEMNIFICATION Consultant shall defend, indf,, nify, 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 tninimurn period of three (3) years, or for any longer period required bylaw, frotrt 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 malce 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, 1.1. CONFIDENTIAL[TY 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 infon- ation 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 itaaportance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written infoneation, but also information transferred orally, visually, electronically, or by other means. Confdenti.al information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of nou-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, dough 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 An.ynotice, tender, demand, delivery, or athCr comrnr.inicatiotl pursuant to this Agreement shall be in writing and shall be decreed to be properly given if delivered in pet'son or mailed by first Glass or certified mail, postage prepaid, or sent by fax or other telegraphic cozmnunication 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. Borg 1988 Santa Ana, CA 92702-1988 Fax 714- 647.6956 With courtesy copies to: Chief Technology Innovations Officer Infonration Tecluiclogy Department City of Santa. Aria 20 Civic Center Plaza, Santa Ana, CA 92702 And City Attorney City of Santa Ana. 20 Civic Center Plaza., M-29 Santa Ana, CA 927012 Fax (714) 6474956 To Coasultant: Sierra Cyberrnetrics, Inc. 5140 East La Palma Avenue, Sprite 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, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, corrmaunication shall be effective or deemed to have been given twee€y-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 ether agreements, oral or written, between the parties. ItA tho event of a conflict between the teens of this Agreement and any attachments hereto, the terms of this Agrecrnernt shall prevail. This Agreerttent may not he modified except by written instrument signed by the City and by arr authorized representative of Consultant. The ,parties agree that any teats 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, indueernerits, 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 Inasrmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant tnay 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 perforiraed 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 remady contained ill 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 tenninati.on. In such event, Consultant shall be entitled to receive aad the City shall, pay Consultant couipexasation 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 r ay require Consultant to delivQr to the City all work product completed as of such date, and its 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 Agre+etxterat. 18. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contmetor shall perfonia all requirements tinder this contract in strict observance of and in compliance with all applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements, 1.9. NON DISC RIM [NATION Consultant shall not discr-in irate because of race, color, oreed, 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, teraarination 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 work with SAPD, Full name, address, phone number, birth date, Social Seourity number and driver's license number must bo furnished to the City upon regaQst. An application for SAPD background ixiust 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 tirre (i.e. no increase in effective Dourly 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 Inf6ii-nation 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 beon exeouted 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 fi.rrther agree that Orange County, California, shall be the venue for any action orproceeding that maybe brought or arise Out of, in connection with or by reason of this Agreement. 23. Ic ROFESSifONAL LICENSES Consultant shall, throughout the terra of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereuwder 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 pert -nits, licenses, approvals, waivers, mid exemptions. Said inability shall be cause for termination of this Agreement. 24, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signahrre herein below has the power, authority and right to bind their respective parties to each of ffite tem-rs of this Agreement, aad 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, 8 b. All Exhibits referenced. herein and attached hereto shall be incorporated as if folly set forth in the body of this Agreement. IN 'WITNESS WHEREOF, the parties hereto have executed this Agreement the elate and year first above written. ATTEST: Marla D. Huizar Clerk of the Council APPROVED AS TO FORM - SONIA R. CARVALRO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Jac Ntla Chi fTechnology Innovations Officer Ing niiation'I'ecltinology Department W CITY OF SAN'T'A .ANA X4� Gerardo Mouet Acting City Manager CONSULTANT; (:il /"/Z� Carl La Plante President Sierra Cybercnetrios, Inc. EXHIB17A EXHIBIT A - SCOPE OF SERVICES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFORMATION TECHNOLOGY ASdNEEDED 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 (ITO), ITCH 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 sanior,ievlal) ® Provide temporary contract service personnel with: unique technology skills to act as a technicaf resource to project teams for projects that do not justify the addition of regular staff. a Provide additional resources for situations that exceed the capacity of existircg City staff. 41 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 IAC, etc.) All five ;5) situations require highly qualified, technology contract service personnel who perform exceptionally well in their specialties. Technology contract service personnel and consu#tants 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 cartain instances, subprojects may be contracted out, 1. OVERVIEW OF EXISTING SYST W a. Infrastructure 9 About 40 physical Wlntekbased servers and 250 + VMware virtualized servers supporting enterprise applications/services, local area networks and various department -specific applications Muitipie IAP storage systems including Left Rand and 3PAR. SAN nodes and clusters utilize iSCSI and Fiber Channel interfaces. RFP 16-140 1` ownbar 2016 Gigabit Ethernet fiber links thro.igh City I-€ali 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 Hail and most remote City faclElVes, Wirefess network access is available for City staff and guest access. Switched Ethornet backbone In City mall 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 telophQne instruments. The existing telecommunications infrastructure is comprised of 14 NEC telephone switches (NEAX 2400 JPX, NEAX 2000 fPX, NEAX 2000 PS), 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/ElA/TIA and NEC standards, as well as SICSI design and installation methods for ail materials, installation, testing, configuration and documentation of the City telecommunications infrastructure. These guidelines are based upon widely used lndustry standards such as, but not limited to, ElAlfIA 568, 569, 570, 606A, 507, including all TSB's, and the NEC codes related to Telecommunications Infrastructures. b, Applications 111for Lawson fitlaricial application ® Hi Kline HRfPayroll apptication s L.asUl-fici�e dalwt�rn�nt ma«a�eme€1t F-SRf Gts CLerwell lTSr4 * IVOS Warkers' Compensation Tritech CAD and ISMS 0 Wovah cashiering Systems and Software's onQuesta CIS Drupal CMS Varjous ,NET -bawd 1101-11egrown applications VavIOLIs Mlcrosutt Access -based appiications C. Desktop/Mobile, APprax.imately 2,000 Dell desktop and laptop computers Approximately 300 Apple ftone, Apple Wad and SatrSUng Galaxy devices RPP 16-144 Nova mber 2n 16 12 2. SERVICES BEING SOUGHT The City seeks Proposers to provide contract service personnel with specific technology skills to perforrrl assignments of varying length. Muifiple 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 Propos er(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 (Le. 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 worWrg 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 engagerrtent starts, monitor their personnells' performance on a perlodic basis to ensure their continuing fit with the City and the City's satisfaction. Where 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($) 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. e. Proposer(,) will provide training and education programs for their personnel on assignment with the City. 'phis is intended to ensure that these personnel remain technically knowledgeable to perform their assignments for the City. Proposer($) will provide programs that will promote the retention of their personnel on assignment with the City. RF;'' 16.140 NoVL-cnbe! 2016 13 4. DESCRIPTION GF TECH ©LOGY POSITIONS TO BE PROVIDED The shills and services will be needed in the technology categories of, 8 Application & Deveioprrient Services ® Telecommunications Services User Support Services Q 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 personnei, This fist 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 skiffs and abilities specified. The City does not require that each Proposer be able to provide candidates for aU the range and depth of technology job positions covered by this RPP. Each Proposer will be asked in its proposal to identify the techrioiogy category or categories for which it can provide qualified candidates or consulting services to the City. RFP (6.140 Novombv ZO16 14 Table f • Potential Technology SpecWtkLs by Catcgary (Csu#on; List is notcomprehenstvs) Applications & Development Services ® Systems Architect and Engineer ® Systems Analyst • Programmer/Developer (MS Windows Visual Studio and SOL for client/server environinent) ® Web Developer (.NET/PHP) Database Adminisfratcr (MS SQL) e Document fmaging Application Specialist Business intelligence Specialist g Mobile App developer (jOS & android QS) Telecommunications Services • Telephone System Administrator Telephone System Engineer ® Voice System Engineer (Centigram) • Cabing Installer User Support Services Help Dusk Specialist • iT Support Specialist (Desktop) Mobility Technology Coordinator s IT Support intern Business 1 Appiication / Project Consulting Services u IT Business Analyst (With municipal government experience) • Project Lead (for deployment of purchased software applica{inn) • Project Lead (for software development project) Technology Consultant for specialized application (See Section A above, e,g„ Lawson, HighUria, etc.) • System Evaluatlon & Selection Consultant Technology Operations & Support Services • Infrastructure Architecture 1 Planning Engfrieer m Network Engineer (Cisco) • Network Security Engineer (Cisco) d Nelwork Specialist— LAN Administrator (Cisco) • IAS Exchange Enginear W Anti -Virus & Anti -SPAM Sorvices Administralor ® Data Center Engineer (HP servers, Win QS, VMware, HP SAN) 4 V&eioss infrastructura Engincor (Aruba) RFID 18-140 November 2D1& 15 a. ORDER PROCESS When a need for temporary technology contract services or consulting arises, the City mey 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 -et -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) wilf conduct a search (if necessary), match and qualify process skills (including technical assessment, personality assessment, referEma checks, etc.) to identffy 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 Proposers) 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 teras and conditions of an engagement with the City. i, Cance the Proposer has completpd 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 prfor 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 raporting, 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 ,satisfacticn, 6, TERMS & CONDITIONS The following terms and conditions will be Included in any subsequent agreement with the City. These terms and conditions are being reheated in this RFP clue 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 cand+date'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 Poi€ce Department (SAPD) will be required to pass a SAPD background investigatfan 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 2015 !6 must be furnished to the City upon request. An application far SAPD background must be ccmpleted 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 shouid 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 0). Proposals should be based on f0 and complete compifance with ail parts and direotions relating to these insurance requirements. 6.3 City Responsibllltles There fs no guarantee as to the number of times an agency will be used or the dollar amount that wilt 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 & Consultant$ 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 small 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 tae 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 taste 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 f=inancial Ability At the option of the City, Proposers may be required to furnish evidence of sufficient financial ability and responsibility to enable thea to fulfill this Agreement, 6,9 firm Commitment of Availability of Service Once a proposal is opened, a Proposer is otherwise expected to maintains an av0abiiity of service as set forth in its proposal for the stated prices for the full Agreement term after date of opening proposals, FIPP 116-140 November 2016 17 6.10 Intellectual }property Bights All work performed by temporary contract service personnellconsultants for the City becomes the so#e 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 or 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. Alf 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 00 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: aj 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 personnal, such as wage and hour #aws, 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 t4 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 +corked. 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 than only at a slraight tirne rate. RFP 113,140 Novernher 2016 is The following are City Holidays, New Year's pay m Martin Luther King it, pay Presidents' Day Memorial Day independence Day Labor Lay * 'Veterans lay Thanksgiving Day (2 days) Christmas Eve Christmas Day i. SUPPLEMENTAL QUES"t" ONS Proposer must include. a. Short summary description of the organization b. Short summary description of the ovvnership c. Description of the major service offered by the Proposer's firm d. List of acceptable invoicing frequencies, (i.e., weekly, bi-weekly, semimonthly, monthly) e. The number of yoars that the Proposer has been in the business of providing temporary technology contraQt service personnel and/or consulting serv'ces of the kind sought by the City. (if company name or ownership has changed of the perioc' cited, please mote 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 RPP 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 aii)vv 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 o spocific 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 So -110 November 2016 19 fields/specialties. For example, a Proposer may have the capability to provide emergency placements with 24 hours, to conduct technical qua#fylr)g testing, to rise highly qualified tochnology screeners to evaluate and rate candidah5s'skiils, 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 service , 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 skillslknowledge, 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 ercdaged 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 Fong terry 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 F'ersonnei or consultants if the individual was to become a City employee. If there is a minimum amot.int of contract time that would need to occur, specify thavamoont of time (e,g, After six months of placement, Contract Service Personnel may be hired without any penalties, otc.), n�� ts•,�o Novernbat 20yG 20 EXHIMT B EXHIBIT C a PROPOSERS OERTIFIC,ATION 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 tho terms and conditions of this Request for Proposals, I have examiner the Scope of Services (Exhibit A) and alga familiar with the scope of work locations, I am farn1liar with all the existing conditions and limitation that may impact work requests. I understand and agree that I arts responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. 1. APPLE�ATIONIT CHNOLOGY-SPECIFIC PRICING Complete this table if your organization consists of permanent employees who specialize in a specific application cr technology and have fixed standard pricing. For example, you may provide a Lawson Technical resource or a HighLine functional resource. These should be actual o=mltted rates that would good for the entiro term of the agreement, including the optional renewals. Onsite rates should be fully Inclusive of all travel costa. Add as many rows as necessary, Application/Technology Resource Type Rourly Fate -- usite, r0 iraval) Hourly Date O site, i;nc..travb �ihfniur dolts „� 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 11 Exhibit A, Section 4. For example, you may provide a Systern Analyst or a Network Engineer. Esttmated Hales Theso 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 S, Add as many rows as necessary. Tech n6log y.�ecialty µ sflr at d Hburly Rate. Offslte, no travel Estimafed Hourly Fate d�nslte,. Inc. tsave[ MifrltnUrd 1' ows Markup Percents_qes 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(a) are asked to find a resource. Since this scenario requires additional marketing costs, it is expected the markrp 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 -tri -Garp 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 PH:0 1 a-'140 November 2016 27 entire term of the agreement, inoludng optional renewals. ,1 To be determined at acceptance of candidate LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 5 1 z4 0 ?J 0 cl� �tW BUSINESS ADCRFSS PRINTED NAME OF U HORDED AGENT T71 -E 4094.1 SIGNATURE CF AUTHORIZED AGENT DATE E-MAIL ADDRESS �E'ERAL IDNUMBER(IF APPLICABLE) LICENSE NUMBER (IF THIS FORM MUST gq_q2MPLETSD AND MCLUDED WITH THE PROPOSAL. PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, RFP 16-140 NovemberpOls 28 P N Proposor Found Rosource ...... ;Z, Identified Resource N/ ,1 To be determined at acceptance of candidate LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 5 1 z4 0 ?J 0 cl� �tW BUSINESS ADCRFSS PRINTED NAME OF U HORDED AGENT T71 -E 4094.1 SIGNATURE CF AUTHORIZED AGENT DATE E-MAIL ADDRESS �E'ERAL IDNUMBER(IF APPLICABLE) LICENSE NUMBER (IF THIS FORM MUST gq_q2MPLETSD AND MCLUDED WITH THE PROPOSAL. PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, RFP 16-140 NovemberpOls 28 Table 1- Sierra Cybernetics Estimated Rates Technology Specialty Estimated Hourly Pate Estimated Hourly Rate Minimum (Offsite, no travel) (Onsite, travel) fours Cannot estimate travel w/o further details App and Development Services Systems Architect $110-$130 $110 - $130 N/A Systems Analyst $70-$80 $70-$80 N/A Programmer / Deveioper $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 $G5 - $79 $65-.$75 N/A SI 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 {Desktop) $52-$62 $52-$62 N/A Business/App/Project Consult IT Business Analyst (w/gov exp) $72-$85 $72-$85 N/A Prof Lead (deployment) $70-$84 $70-$84 N/A Proj Lead (sw development) $80-$98 $g0 - $98 N/A Technology Consultant $90 - $110 $90 - $110 N/A Tech Operations and Support Network Engineer $80 - $98 $80-S98 N/A SIERRA CYBERNETICS Sierra G/bernetics Proprietary Information S December2016 Table 2 - Sierra Cybernetics pricing and Markup information Technology Speciaity W2 Employee Markup Corp -to -Corp Markup list Hours until Rate Drops to See Note A below (Type 1 Consultants) Identified Resource Markup See Nate B below Proposer round See Note C below 28% Not Applicable Resource Identified See Note D below 9% Not Applicable Resource Note A — Sierra's basic markup consists of corporate overhead rate +general and adminlstrative rate + profit, That amounts to 22%. Note B — Because CKconsultaats 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 sof 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. Le., 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 not value to the empicyee is targeted to be the same. Type 2 - No benefits, Sierra only withholds payroll taxes and mays the corporate social security, Medicare, and unemployment insurance costs. Total markup on torr of pay rate is 33% Type 3 — tail ed benefits. Type 2 plus paid leave days plus a stipend toward ernpioyee purchase of medical insurance. Total markup on top of pay rate is 41%, Type 4 — Fuil benefits. Fully -benefited employee with full taxes withheld, full insurance coverage, full paid leave, and access to Sierra's Cafeteria 125 Pian. Total markup on tap of pay rate is 551/1., Note D — We currently utilize this "payroiling" 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 C&A plus profit amoun t being only 9%, So, Type 2 marl(up = 20% Type 3 markup = 28% Type 2 markup = 42% ` SIERI A CY13ERNETICS Sierra C Fbernptics Proprietary information a December 2016