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