HomeMy WebLinkAboutSOFTMASTER INC -2017A-2017.023
AGREEMENT TO PROVIDE INFORMATION TECHNOLOGY PROFESSIONAL SERVICES
a n ON AN ON-CALL BASIS
zoz Y y. Y
HIS AGREEMENT is made and entered into this 7th da of February, 2017 b Softmaster, Inc. a
p p''Cali£ornia corporation. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation
T o organized and existing under the Constitution and laws of the State of California ("City").
v o 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:
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 (i£ 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.
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 terns 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 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 trade 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 1.7, 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.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire teen 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,
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
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 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
Oil their behalf which relates to the services described in section 'l of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terns of or effects arising from this Agreement. Thisindemnity 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 father 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
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 tinder 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
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:
Soflmaster, 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, 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.
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.
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.
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, tennination or other employment related activities
or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
20. BACKGROUND INVESTIGATIONS
Unless exempted by the City, Consultant will conduct a background check on each candidate (after the
candidate's conditional acceptance by the City and prior to the start of any engagement with the City).
Contract service personnel and consultants on assignment with or in support of the Santa Ana Police
Department ("SAPD") will be required to pass an SAPD background investigation prior to beginning work
with SAPD. Full name, address, phone number, birth date, Social 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 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
the signatory or is withdrawn.
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 zj
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: `} , i tC 'Irk E Cr 1�+tie
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Jackl'a
lChichnology Innovations Officer
Infoion Technology Department
CITY OF SANTA ANA
Gerardo Mouet
Acting City Manager
CONSULTANT:
r'
ames Barlett
Chief Operating Officer
Softmaster, Inc.
EXHIBIT A
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,a., server support per server, desktop
support per PC, etc.)
All five (5) situations require highly qualified, technology contract service personnel who perform
exceptionally well in their specialties.
Technology contract service personnel and consultants will work individually as technical
resources or as members of project teams, and will be under the overall general direction of City
technology management. In certain instances, sub -projects may be contracted out.
1. OVERVIEW OF EXISTING SYSTEMS
a. Infrastructure
• About 40 physical Wintel-based servers and 250 + VMware virtualized servers
supporting enterprise applications/services, local area networks and various
department -specific applications
• Multiple HP storage systems including Left Hand and 3PAR. SAN nodes and clusters
utilize iSCSI and Fiber Channel interfaces.
RFP 16.140
November 2016 t 1
• Gigabit Ethernet fiber links through City Hall and connected annex
• Multiple network segments supporting more than 24 City operating locations
interconnected via a wide area network
• Approximately 250 Aruba wireless access points throughout City Hall and most
remote City facilities, Wireless network access is available for City staff and guest
access.
• Switched Ethernet backbone in City Hall connecting City Hall LANs and computer
operating in the Central Computer Center
• Mobile Device Management system utilized to manage and secure 334 personal and
City issued smartphones and tablets
• The City's telecommunications network serves 22 operating locations through an
AT&T network of local, T-1, Fiber Optic and OPX lines with approximately 3,352
equipped voice ports, 40 voicemail ports, 2,104 telephone extensions and 1,773
telephone instruments.
• The existing telecommunications infrastructure is comprised of 14 NEC telephone
switches (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/TlA 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/Payroll application
• Laserfiche document management
• ESRI GIS
• Cherwell ITSM
• IVOS Workers' Compensation
• Tritech CAD and RMS
• iNovah cashiering
• Systems and Software's enQuesta CIS
• Drapal CMS
• Various .NET -based homegrown applications
• Various Microsoft Access -based applications
c. Desktop/Mobile.
• Approximately 2,000 Detl desktop and laptop computers
• Approximately 300 Apple [Phone, Apple [Pad and Samsung Galaxy devices
RFP 16-140
November 2016 12
2. SERVICES BEING SOUGHT
The City seeks Proposers to provide contract service personnel with specific technology skills to
perform assignments of varying length. Multiple pre approved Proposers may be contacted to
propose resources and a quote for a requested assignment/project.
In response to requests from the Information Technology Department, the Proposer(s) shall:
a. Research their roster of personnel and/or recruit for potential candidates.
b. Screen available candidates in order to match technology skills and work experience
with requirements of the City job assignments.
c. Confirm candidate qualifications including technology skills, experience, work habits,
interpersonal skills, quality of work performed, reference checks, etc.
d. Confirm candidate availability for the City assignment.
e. Provide the Information Services Division with resumes of screened qualified candidates
(identifying skills, work experience and education) and their charge (i.e. bill) rates.
f. Upon the City's conditional acceptance of a candidate, conduct background checks (See
Section 6.1 for details).
g. After a candidate has been accepted but prior to beginning the engagement, inform the
candidate on the standard of conduct required of those working with the City and brief
the candidate on pertinent Proposer business procedures (e.g. time reporting,
requesting time off, personnel benefits, etc.)
h. After an engagement starts, monitor their personnel/s' performance on a periodic basis
to ensure their continuing fit with the City and the City's satisfaction.
There is no guarantee as to the number of times a Proposer will be used or the dollar amount
that will be expended with them.
3. PROPOSER RESPONSIBILITIES
a. Proposer(s) will be responsible for all payments and benefits for contract service
personnel placed on assignments with the City, including payroll, taxes, other
withholding, vacation, other benefits, etc. (See Section 6.13 for details).
b. Proposer(s) will be responsible for the conduct of any temporary contract service
personnel placed with the City. If, at the sole discretion of the City, a temporary contract
service person is determined to be unsatisfactory for any reason, the Proposer will
withdraw the Individual upon notification by the City. The City will not be charged for the
period of unsatisfactory service.
c. Proposer(s) will provide training and education programs for their personnel on
assignment with the City. This is intended to ensure that these personnel remain
technically knowledgeable to perform their assignments for the City.
Proposer(s) will provide programs that will promote the retention of their personnel on
assignment with the City.
RFP 16140
November 2016 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 14
Table 1 -Potential Technology Specialties by Cate gory, canon: 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 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 16140
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-ine,
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)
15
5. ORDER PROCESS
When a need for temporary technology contract services or consulting arises, the City may contact any or all
of the Proposer(s) (those Proposers selected and awarded an agreement)
a. The City will provide the assignment details and necessary qualifications to the Proposer(s) and a
point -of -contact for the assignment.
b. The City's point -of -contact is available to answer any questions Proposer(s) may have on the
assignment, the qualifications, experience/skill level needed, desired pay rate, etc.
c. The Proposer(s) will conduct a search (if necessary), match and qualify process skills (including
technical assessment, personality assessment, reference checks, etc.) to identify qualified potential
candidates.
d. The Proposer(s) will provide the City's point -of -contact with resumes of qualified potential candidates.
e. The Proposer(s) will provide the City's agreement manager with the proposed bill rate for each potential
candidate.
f. From the candidates offered by Proposer(s), the City may elect to conduct a telephone or in-person
interview with one or more of the potential candidate(s). The City's point -of -contact will get in touch with
the Proposer(s) to work out the arrangements.
g. The City will select the candidate whose skills and experience best matches the City's needs and who
has the lowest total cost to the City.
h. When the City has identified a candidate that it wishes to engage and has notified the Proposer, the
Proposer will conduct background checks, and confirm candidate availability, interest in the
engagement and acceptance of the terms and conditions of an engagement with the City.
i. Once the Proposer has completed the checks and confirmations, the Proposer will notify the City and
final details will be worked out.
j. The City agreement manager will send a confirming electronic mail message to the Proposer as final
confirmation of the engagement.
k. 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 16.1,10
November 2016 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 17
ACQRD,,M CERTIFICATE OF LIABILITY INSURANCE
NYYY
DATE) 02/08/ 0201177
02/08/
PRODUCER Phone: (626) 854-9641
The Master Insurance Agency, Inc.
18053 Valley Blvd.,
City of Industry, CA 91744
License #: OB03663
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Softmaster, Inc.
1142 S Diamond Bar Blvd #386
Diamond Bar, CA 91765
INSURERA: Sentinel Insurance Company, Ltd__
POLICY EFFECTNE
MAI
02120/2017
INSURER S: Employers Assurance Comeau
LIMITS
1 INSURER C: Hartford Fire Insurance Company_
INSURER D:
GENERAL LIABILITY
INSURER G:
EACH OCCURRENCE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECI" TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PER'rAiN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR
00'
TYPEOFNEURANCS
POLICY NUMBER
POLICY EFFECTNE
MAI
02120/2017
POLICY EXPIRATIONDATE
DATEWWOOM�
02/20/2016
LIMITS
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EACH OCCURRENCE
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Computer Consultant and Staffing Services. Subject to Policy Terms, Conditions and Exclusions.
Insured for location at:
20640 E Oak Crest Drive
Diamond Bar, CA 91765
City of Santa Ana
Its Officers, Agents, and Employees
20 Civic Center Plaza
P.O. Box 1988-M12
Santa Ana, CA 92702
ACORD 25 (2001/08) n
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"(wa1�Q, "hJ" &
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3t3 DAYSWRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO GO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Printed by MEK on February 08, 2017 at 05:50PM