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HomeMy WebLinkAboutCDC/2011-60 1 RESOLUTION NO. CDC/2011-60 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A VENDOR SERVICE AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES BY AND BETWEEN THE AGENCY AND COMPUTER OPTIONS 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body, corporate and politic; and WHEREAS, the Agency has approximately thirty-five fulltime positions and many part time employees whose work requires Informational Technology ("IT") equipment, service and maintenance; and WHEREAS, Computer Options has been providing excellent IT Services to the Agency for ten years; and WHEREAS, the Agency has purchased and is in the process of converting its obsolete financial system to the new Springbrook Financial System and is depending on the current IT provider for their institutional knowledge of the Agency's network; and WHEREAS, the pending Supreme Court's decision on AB IX 26 and AB IX 27 regarding the future of redevelopment may have adverse impacts on the future of the Agency, which would likely change the IT requirements for the Agency; and WHEREAS, a formal Request for Proposals for IT Services will be brought forward in the Spring of 2012 in an effort to award an agreement to a proposer under that procurement process and have a new agreement in place by July 1, 2012; and WHEREAS, the scope of work includes maintenance, management and service of the Agency's computer network, workstations, network devices, technology planning, telephone and voicemail system, printers, hardware, software, and consulting services. 26 27 28 1 P:\Agendas\Resolutions\Resolutions\2011\12-05-11 Computer Option - Vendor Service Agreement CDC Reso-Final.docx CDC/2011-60 1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section 1. The Interim Executive Director of the Agency is hereby authorized to 5 execute a Vendor Service Agreement with Computer Options on behalf of the Agency III 6 substantially the form attached hereto as Exhibit "A", together with such changes therein as may be 7 approved by the Interim Executive Director of the Agency, the City Attorney and Agency Counsel. 8 The Interim Executive Director of the Agency or such other designated representative of the 9 Agency is further authorized to do any and all things and take any and all actions as may be 10 deemed necessary or advisable to effectuate the purposes of the agreement, including making non- 11 substantive modifications to the Agreement. 12 Section 2. 13 Commission. 14 III 15 III 16 17 18 19 20 21 22 23 24 25 26 27 28 This Resolution shall take effect from and after its date of adoption by this 2 P:\Agendas\Resolutions\Resolutions\2011\12-05-11 Computer Option - Vendor Service Agreement CDC Reso-Final.docx CDC/2011-60 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A VENDOR SERVICE AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES BY AND BETWEEN THE AGENCY AND COMPUTER OPTIONS 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community meeting Development Commission of the City of San Bernardino at a joint regular 7 thereof, held on the 5th 8 Commission Members: 9 MARQUEZ 10 JENKINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 day of December ,2011 by the following vote, to wit: Absent Abstain Ayes Navs X X X - X --.lL ........L.- --X- ~ Secretary 18 Ti- 19 The foregoing Resolution is hereby approved this <.9 day of December , 2011. 20 21 22 23 24 Approved as to Form: 25 ,Ail L- 26 By: ';.~~e; 27 28 Prick . Morris, Chairp son Co ity Development Commission of the City of San Bernardino 3 P:\Agendas\ResolutionslResolutions\20111l2-0S-11 Computer Option - Vendor Service Agreement CDC Reso-Final.docx CDC/2011-60 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR VENDOR SERVICES COMPUTER OPTIONS This Agreement for Professional Services (this "Agreement") is made and entered into as of December 5, 2011, by and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and politic and Computer Options (the "Vendor"). NOW, THEREFORE, IN CONSIDERA TION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPERVISION OF VENDOR. The Agency Staff designated in Exhibit "A" shall be responsible for the direction of any work to be perfonned by the Vendor and any other vendors or sub-vendors to the Agency under this Agreement. The Vendor shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Vendor. 2. TERM OF AGREEMENT. The tenn of this Agreement shall commence on the date first appearing in this Agreement and will terminate on June 30, 2012 or sooner upon award of a formal vendor service agreement to a proposer solicited through a request for proposal process, whichever occurs first, unless earlier terminated as provided in Section 12. A. of this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at any time either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Vendor; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Vendor for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF VENDOR SERVICES. The Agency hereby retains the Vendor to provide the professional services set forth in the Scope of Services attached hereto as Exhibit "B" and incorporated herein by this reference. The Vendor hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Vendor shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY VENDOR. A. The Agency shall compensate the Vendor $6.000.00 per month for IT and phone services described in the Scope of Services set forth in Exhibit "B" billed monthly to the Agency. 1 P:lAgendas\Agenda AttachmentslAgenda Attachments\Agrmts-Amend 2011\12-05-11 C'Almputer Optiuns Vendor Service Agreement-Final.docx B. The compensation designated in subsection 4. A. shall be the total amount paid for perfonnance of the work, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all sub-vendors retained by the Vendor and all employees of the Vendor to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. Upon the prior written approval of the Director of Administrative Services for any work performed outside the Scope of Services under this Agreement or for materials, hardware, or software furnished with such prior written approval, the Vendor shall invoice the Agency separately as thus authorized by the Director of Administrative Services. D. The Vendor shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Teri Baker, Director of Administrative Services 201 North "E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Vendor shall set forth the time and work perfonned in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Vendor shall clearly set forth the names of the individual personnel of the Vendor and any individual sub-vendors utilized by the Vendor, during the time period covered by the invoice, and a description of the services rendered by each named individual during such time period. The Agency shall pay all amounts set forth on the invoices of the Vendor and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Vendor hereunder shall be retained by the Vendor and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Vendor. If the Vendor does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Vendor by the Agency under this Agreement, such records shall be retained by the Vendor until all such litigation or audit has been resolved. 6. INDEMNIFICATION. The Vendor shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Vendor, its officers, employees, sub-vendors and agents, to the extent arising from or related to negligent performance by the Vendor of the work required under this Agreement. 2 P:\Agendas\Agenda Anaclunents\Agenda Attachments\Agnnts-Amend 2011\12-05~11 Computer Options Vendor Service Agreement~Final.docx 7. INSURANCE. The Vendor shall maintain insurance, as set forth in Exhibit "C" to this Agreement, throughout the term of this Agreement. The Vendor shan remain liable to the Agency pursuant to Section 6. above to the extent the Vendor is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Vendor in the performance of the duties incurred by the Vendor pursuant to this Agreement. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, infonnation, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Vendor for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the paIiicular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Vendor. The Vendor shall not make use of any maps, photographs, data, infonnation, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Vendor may retain copies of any such items for their business records. The Vendor shall execute, acknowledge and perform any and all acts which shall be reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Vendor for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Vendor. 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Vendor under this Agreement shall only be made by the Vendor with the prior written consent of the Agency. 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Vendor shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 3 P:\Agendas\Agenda Attachrnents\Agenda Attaclunents\Agnnts.Amend 2011 \12~05.1 ) Computer Options V codor Service Agreement-Final.docx 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material tenn or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has OCCUlTed shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Vendor for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Vendor shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 13. NOTICES. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third (3rd) business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax 4 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\12-05-11 Computer Options Vendor Service Agl'eement-Fina1.docx transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. VENDOR: Computer Options Attention: Brad McDermith, CEO 447 Missouri Court Redlands, CA 92373 Phone: (909) 793-6338 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 Fax: (909) 888-9413 14. COMPLIANCE WITH LAW. The Vendor shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Vendor under this Agreement. The Vendor shall maintain all necessary licenses, including a City of San Bernardino Business License, and registrations for the lawful perfonnance of the work required of the Vendor under this Agreement. 15. NONDISCRIMINATION. The Vendor shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Vendor hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Further, the Vendor shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Vendor shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 16. VENDOR AND EACH SUB-VENDOR ARE INDEPENDENT CONTRACTORS. The Vendor shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Vendor nor any of its sub-vendors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Vendor or its sub-vendors to perform any item of work described in the Scope of Services. The Vendor is entirely responsible for the immediate payment of all sub-vendor liens. 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other 5 P:\Agendas\Agenda Attachments\Agenda Attachments\AgrmtspAmend 201 ]\l2~05.11 Computer Options Vendor Service Agreement-Final.docx than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law'. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written fornl and executed by each of the pmiies hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 21. NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 22. ASSIGNMENT. This Agreement may not be assigned by the Vendor without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or more counterparts, each of which will constitute an original. 25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be binding on the Agency until signed by an authorized representative of the Vendor, approved by the governing board of the Agency and executed by the Interim Executive Director or his designee. 26. CONFLICTS OF INTEREST. The Vendor hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Agreement except as previously disclosed to the Agency Staff and in particular with respect to other work being performed by the Vendor for i) None and ii) None The Vendor hereby agrees that, during the term of this Agreement, the Vendor shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Vendor hereby represents and warrants to the Agency that the Vendor and any partnerships, individual persons or any other party or parties comprising the Vendor, together with each sub-vendor who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership 6 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts.Arnend 201 1\12.05.11 Computer Options Vendor Service Agreement-Fina1.docx interests, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Vendor to perform the services to the Agency as set forth in this Agreement. 27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the Agency and the Vendor for the services set forth in Exhibit "B" or any similar or related services. The Agency may, during the tenn of this Agreement, enter into similar agreements with other vendors for the perfonnance of the same, similar or related services as those that may be perfomled by the Vendor under this Agreement. The Agency reserves the discretion and the right to detennine the amount of services to be perfonned by the Vendor for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the tenns upon which any such services will be provided to the Agency by the Vendor, if such services are requested by the Agency, as set forth in this Agreement. 28. CONSEQUENTIAL DAMAGES AND LIMIT A TION OF LIABILITY. The Agency and Vendor agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Agreement for any damages including, but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of Agreement, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of Agreement, tort, strict liability or otherwise of the Vendor and the Agency, their employees or sub-vendors. 29. BUSINESS REGISTRATION CERTIFICATE. The Vendor warrants that it possesses, or shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5 of the City of San Bemardino Municipal Code, together with any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to be maintained by the Vendor to conduct its business activities within the City. III III III III III III III 7 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Arnend 20) 1\12-05-11 Computer Options Vendor Service Agreement-Finaldocx IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: IJ-/ i J )-011 , , By: Approved as to Form and Legal Content: VENDOR Dated: If} /1 (fi Computer Options By: ~ Brad McDennith, CEO 8 P:lAgendaslAgenda AttachmentslAgenda Attachments\Agnnts-Amend 2011 \12-05-1 I Computet Options Vendor Service Agreement-Final.docx EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Agency Staff: Teri Baker, Director of Administrative Services or her designee 9 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2011\12-05-11 Computer Options Vendor Service Agreement-Final.docx EXHIBIT "B" SCOPE OF SERVICES Provide Infrastructure and Technology MaintenancelNon Maintenance and Phone MaintenancelNon Maintenance support for all Agency Departments including, but not limited to: 1. Infrastructure and TechnoIo2V Maintenance - Daily activities . Complete maintenance of the computer network, workstations, file and Exchange server, GIS server, database server, DCs, switch gear and firewalls. . Manage Network Printers (as needed). . Manage Other Networked Devices (as needed). . Monthly reports of work accomplished, work in progress, etc. (Monthly or as needed). . Provide on-site technician for workstation/printer set-up and troubleshooting (as needed). . Service/repair Network/workstations, if and when required. . Remotely monitor all IP devices from CO Network-operations-center. . Keep Service Packs, Patches and Hot fixes current as per company policy. . Check event log of every server and identify any potential issues. . Monitor hard-drive free space on server. . Exchange Server user/mailbox management. . Monitor Active Directory replication as needed. . Actively monitor and manage network security. . Manage content filtering appliances. . Rotate out and upgrade equipment keeping all technology current proportional to agency demands. . General assistance, training and support for the agency users and consultants. . Consulting and planning for all technology upgrade paths. . Digital copier, scanner and printer maintenance and configuration. . Maintenance of Laserfiche, electronic entry system, GIS systems, Accounting system and Lightspeed system. . Maintain complete software and hardware inventory and audit annually for license compliance. . Twenty-four (24) hours, Seven (7) days per week support with a three (3) hour response time. . Managed Endpoint protection (including licensing). 2. Non-maintenance duties - As Needed . Consulting and support to the accounting software developer. . Consulting and advice for software and any special applications. . Addition of new equipment or implementation of new functionality. . Laserfiche and imaging project installation, consulting, and procedure development. . Maintain inventory oflike equipment (switch, routing equipment, workstations and server components) for replacement during a failure. (as permitted by budget). . Consult with EDA team regarding information retention. 10 P:\Agendas\Agenda Attachments\Agenda Attachments\Agl1nts~Amend 2011\12-05.11 C(l1nputer Options Vendor Service Agreement-Final.docx . Daily, weekly, monthly, quarterly and annual off-site back-up retention. Per future data retention policy. . Virtual server management as needed. 3. Phone system maintenance/non-maintenance: . Telephone system installation, maintenance and support. . Telephone technical support for entire 201 North "E" Street building. EDA, OBD and Omnitrans, etc. (Daily). 4. Linux WEB/MAIL Maintenance contract shall include: (Daily) . Domain name management, web/email hosting for EDA and related entities. (e.g. EDA, security certificates, etc.). . Complete hosted Redhat Linux web/mail server management. . Manage MySQL, apache, postfix, dove cot and related tools/utilities. . FTP Space and access. . Consulting/support to web/DB designers. Agency Hardware and Software . Six Xeon based Windows 03/08 Server family . iSCSI SAN Device . Storage area network . General managed switching Ethernet network . Direct SCSI attached RAID Array (for fast daily data backup/restore) . AIT5 based tape back-up system . Netgear Family L2 managed Ethernet switches (Some w/ fiber Intf) . Sonicwall routing/content filtering appliance . Nortel BCM200 Phone system, Seven Voice, Tl with appro x 100 phones, Outlook VM software . VMware family ofvirtualization products . Symantec Back-up Exec Products . Microsoft Office 2007-2010 Office Products . Microsoft Server family products . Microsoft SQL server . Microsoft Visual Studio . ESRI GIS software products . Laserfiche software products . FastTrack software . Redhat Linux hosted server 11 P:\Agendas\Agenda Attachments\Agenda Attachments\At,'1ll1ts-Amend 201 1\ 12.05.1 J Computer Options Vendor Service Agreement-Final.docx EXHIBIT "C" INSURANCE REQUIREMENTS The Vendor shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests Insurance Guide," as follows: (1) Comprehensive General Liability Insurance. The Vendor shall maintain comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit, per occurrence. (2) Automobile Insurance. The Vendor and each of its sub-vendors shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for each vehicle leased or owned by the Vendor or its sub-vendors and used in performing work under this Agreement. (3) Worker's Compensation Insurance. The Vendor and each of its sub-vendors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Vendor's and/or sub-vendor's employment perfonning work under this Agreement. (4) Errors and Omissions Coverage. The Vendor shall maintain an insurance policy covering liability for errors and omissions of the Vendor in perfom1ing the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Agreement and prior to the commencement of any work by the Vendor, the Vendor shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Vendor purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days' prior written notice to the Agency. 12 P:\Agendas\Agenda Attachments\Agenda Attachments\Agnnts-Amend 2011 \ 12~05-1 I Computer Options Vendor Service Agreement-Fina1.docx