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HomeMy WebLinkAboutReso - CC - 041-2007RESOLUTION NO.41-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING INFORMATION TECHNOLOGY SERVICES AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE CITY OF REDWOOD CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Redwood City has been providing information technology services to the City of Burlingame for almost ten (10) years; and WHEREAS, this arrangement has allowed the City of Burlingame to receive comprehensive services to its data and computer systems at a reasonable price and efficient delivery level; and WHEREAS, the two cities wish to continue this arrangement on a cost -predictable basis that is in the best interests of both agencies, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to execute the Agreement between the City of Burlingame and the City of Redwood City as contained in Exhibit A hereto. 2. The Clerk is directed to attest to the signature of the Manager. � kLkA:- YOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 2111day of May , 2007, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'NAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE i ( 2=� / Z �� ITY CLERK AGREEMENT FOR INFORMATION TECHNOLOGY SUPPORT BETWEEN THE CITY OF REDWOOD CITY AND THE CITY OF BURLINGAME THIS AGREEMENT is entered into this day of 12007, by and between the City of Redwood City, a charter city and municipal corporation, herein called "Redwood City", and the City ofBurlingame, amunicipal corporation, herein called `Burlingame," and collectively herein called the "Parties." RECITALS WHEREAS, on February 23, 1999, the Parties entered into an agreement that became effective on July 1, 1998, for a term through June 30, 1999, and was renewable on a year-to-year basis for each fiscal year from July 1 through June 30; and WHEREAS, on September 2, 2003, the Parties executed an.Amendment No. 1 to the original agreement to renew the agreement, adjust the hourly rates and commitments, and restate the terms, conditions, and services of the agreement; and WHEREAS, on August 8, 2006, the Parties executed Amendment No. 2 to the original agreement to once again renew the agreement, adjust the rates and commitments, and restate the terms, conditions, and services of the agreement; and WHEREAS, the Parties wish to revise the scope of work and fee schedule and enter into a new five-year agreement for information technology support services, NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Redwood City shall provide the services described in Exhibits A through H attached hereto and made a part of hereof. 2. Term of Agreement. This Agreement is for a term of five (5) years commencing on July 1, 2007, through June 30, 2012. 3. Compensation. A. The hourly rate for the 2007-2008 (July 1, 2007, to June 30, 2008) for services by Redwood City under this Agreement shall be $122.80 per hour with the minimum hours provided in Exhibit H hereto. Billing shall be accompanied by a detailed explanation of the work performed by whom and on what date. This rate shall be adjusted annually thereafter as provided in Exhibit H hereto. Revised: April 26, 2007 Page 1 of 3 B. The total annual, estimated amount for 3,425 hours of service shall be paid on a monthly basis in twelve (12) equal installments. If Burlingame uses more than 3,425 hours during the period between July j and June 30 of any year, Burlingame shall pay Redwood City for the overage at the then -current hourly rate. If Burlingame uses less than 3,425 hours during the period between July 1 and June 3 0 of any year, Redwood City shall refund the difference in amount paid by Burlingame and the actual amount due for the hours used. C. In addition to compensation for the hourly usage, Burlingame shall pay Redwood City $100 per month for internet services, and $200 per month for twenty (20) FAX SR users. 4. Availability of Records. Redwood City shall maintain the records supporting its billings for services under this Agreement for not less than three (3) years following the completion of the services as provided under this Agreement. Redwood City shall make these records available to authorizedpersonnel ofBurlingame at Redwood City's City Hall duringbusiness hours upon written request of Burlingame. 5. Not to be Construed for Benefit of Third Parties. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 6. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to Redwood City. No portion of these services shall be assigned or subcontracted without the written consent of Burlingame. 7. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Burlingame: Finance Director City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Redwood City: Director of Finance and Financial Planning City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 8. Independent Contractor. It is understood that Redwood City, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor neither Redwood City nor any of its employees shall obtain any rights to retirement benefits or otherbenefits which accrue to Burlingame employee(s). With prior written consent, Redwood City may perform some obligations under this Agreementby subcontracting, but maynot delegate ultimate responsibility for performance or assign Revised: Apri126, 2007 Page 2 of 3 or transfer interests under this Agreement. 9. Construction of Agreement. If any one or more of the provisions of this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the provisions of the Agreement that remain in full force and effect. 10. Resolution of Disputes. Any controversies between Redwood City and Burlingame regarding the construction or application ofthe Agreement, or any claims between the Parties arising out of the Agreement, or its breach, shall be submitted to mediation within thirty (30) days of the written request of one of the Parties to the other. The Parties may agree on a mediator. If the Parties cannot agree on a mediator within a reasonable time, the Parties shall request the San Mateo County Superior Court to select a mediator. The costs of mediation shall be borne equally by each of the Parties. Mediation under this paragraph is a condition precedent to the filing of any action under this Agreement. 11. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other.right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 12. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by both of the Parties. 13. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the Parties for technology information services. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe date indicated on page one (1). to Attest: CITY OF REDWOOD CITY City Clerk Approved as to form: City Attorney M Attest: CITY OF BURLINGAME City Clerk Approved as to form: Revised: April 26, 2007 Page 3 of 3 City Attorney AMENDMENT NO. 3 TO AGREEMENT FOR INFORMATION TECHNOLOGY SUPPORT BETWEEN THE CITY of REDWOOD CITY AND THE CITY of BURLINGAME This Amendment No. 3 is entered into and effective as of the 1St day of July, 2007, amending the agreement dated February 23, 1999 (the "Agreement") and Amendments 1 and 2 dated September 2, 2003, and August 8, 2006 and by and between the City of Redwood City, a charter city and municipal corporation ("City"), and the City of Burlingame, a municipal corporation of the State of California ("Burlingame") (collectively, the "Parties") for Information Technology support. RECITALS A. On February 23, 1999, the Parties entered into the Agreement, which became effective on July 1, 1998, for a term through June 30, 1999, and is renewable on a year-to-year basis for each fiscal year from July 1 st through June 30th; and B. On September 2, 2003, the Parties executed Amendment No. 1 to the Agreement to renew the Agreement on a year-to-year basis, adjust Burlingame's hourly commitment and Redwood City's hourly rate annually per a signed letter between Redwood City and Burlingame, and restate the terms and conditions of, and those services described in, the Agreement; and C. On August 8, 2006, the Parties executed Amendment No. 2 to the Agreement to renew the Agreement on a year-to-year basis, adjust Burlingame's hourly commitment and Redwood City's hourly rate annually per a signed letter between Redwood City and Burlingame, and restate the terms and conditions of, and those services described in, the Agreement; and D. The Parties have negotiated and desire to extend the Agreement for a five (5) year period, and negotiated and renewed the Agreement for 2007/08, and have agreed to a supplemental scope of work and fee schedule (Exhibit H), which is attached to and incorporated by this reference. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. That the services described in the Agreement as amended are restated, and that Redwood City will provide those services described in Exhibits A -H. 2. That this Amendment and the Agreement as amended shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 3. In case of any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the Atty/Agr/AmendBurhngame Scope and Fees No. 3 ] 021607 validity of the provisions which shall remain in full force and effect. 4. Any controversies between Redwood City and Burlingame regarding the construction or application of the agreement, as may be amended, and claims arising out of the Agreement, as may be amended, or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after service of that request on the other Party. The Parties may agree on one mediator. If they cannot agree on one mediator within a reasonable time, the Party demanding mediation shall request the Superior Court of San Mateo County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to exceed the time allowed for mediation under the Agreement. The cost of mediation shall be borne by the Parties equally. Mediation under this section is a condition precedent to filing an action in any court. In the event mediation or litigation arises out of any dispute related to the Agreement, as may be amended, the Parties shall each pay their respective attorneys fees, expert witness costs and cost of suit, regardless of the outcome of the litigation. 5. The Agreement, Amendment No. 1, 2, and this Amendment No. 3 embody the entire Agreement between the Parties and all of its terms and conditions. No verbal agreements shall affect or modify any of the terms of obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon either of the Parties. 6. All other provisions of the Agreement will -remain in full force and effect. CITY of REDWOOD CITY, a charter city and municipal corporation of the State of California M Title: Ed Everett, City Manager CITY of BURLINGAME, a municipal corporation of the State of California Title: Jim Nantell, City Manager Atty/Agr/AmendBurlingame Scope and Fees No. 3 2 021607 Exhibit A Personnel 1. One full-time person will be assigned to Burlingame on-site to provide Electronic Data Management (EDM) support and aid in special projects. Burlingame hours will not be charged for that person's staff meeting time in Redwood City or leave time, and will only be charged for training time if the training is directed by Burlingame. 2. Majority of the Software Development support will be provided remotely. Once a week the Software Development staff will provide on-site support. 3. Burlingame shall have the right to request the reassignment of personnel assigned to EDM and Software Development support. Redwood City will regularly rotate assigned personnel in order to cross train staff. 4. Burlingame will provide an annual evaluation of Redwood City staff assigned to Burlingame. The evaluation will serve to identify goals and objectives related to EDM and Software Development support. The annually evaluation will be gauged solely on the duties perform by onsite personal. 3 Exhibit B Electronic Data Management Support 1. EDM support includes consulting services, such as discussing available options, troubleshooting, recommending solutions, and working with employee and equipment vendors as needed. 2. EDM support includes developing computer specifications and establishing City's computer standards for EDM workstations, servers, routers, switches, cabling, printers, hubs, modems, and patch panels. 3. EDM support includes the hardware support of standardized computer equipment listed above. a. The City of Burlingame will be responsible for all hardware components. b. Troubleshooting printers will be performed initially by EDM staff; if the printer requires new internal hardware, the EDM staff will contact a certified printer repair contractor. Burlingame will pay for contractor parts and services. c. Cabling for adds/moves/changes will be performed by cabling contractors approved jointly by Burlingame and Redwood City and paid for by Burlingame. d. EDM support will work with the equipment vendors to troubleshoot issues and replace components under warranty. e. Any purchases made will conform to Burlingame purchasing policies and procedures. 4. EDM support for workstation software includes the initial installation, re- installation, software upgrades/patches, and configuration changes requested by Burlingame. All requests must be entered into the helpdesk information tracking system. 5. EDM support for server software includes the initial installation, re -installation, software upgrades/patches, and on-going monitoring of system processes which include daily backup, logs, alarms, and alerts. Software loaded on servers must be approved by EDM support services. 6. EDM support for application software includes the initial installation, re- installation, and software upgrades/patches. a. Burlingame will pay for any technical support contracts for third -party software that is not commercial -off-the-shelf (COTS) software (i.e., Microsoft Word, Adobe Acrobat, etc). If contracts are not maintained by Burlingame, the EDM staff will not supply technical assistance for the application. 7. EDM support staff and Software Development staff will report directly to the Administrative/Information Services Manager, a Burlingame employee. 4 a. The Administrative/Information Services Manager will establish .support priorities for the EDM and Software Development staff in consultation with the staff and Burlingame finance director. b. EDM and Software Development staff will keep the Administrative/Information Services Manager informed of their locations and work performed. c. Purchasing decisions for software will be consistent with the approved Burlingame budget. As a matter of practice, Burlingame reviews the proposed budget with the Burlingame IT Advisory Committee and department heads before approval of the budget by the Burlingame City Council. d. The City of Burlingame will be responsible for purchasing and upgrading software licenses. Off site business recovery server: Redwood City will house a server and printer that will be available for Burlingame to run their critical financial business functions on site at Redwood City in the event Burlingame's server room or financial system is down due to an emergency situation. Burlingame is responsible for all costs including hardware, software, and labor required .to maintain this server and it's functionality. Burlingame will house a server and printer that will be available for Redwood City to run their critical financial business functions on site at Burlingame in the event Redwood City's server room or financial system is down due to an emergency situation. Redwood City is responsible for all costs including hardware, software, and labor required to maintain this server and it's functionality 5 Exhibit C Software Development Services 1. Software Development staff will support the financial software developed for and supplied to the City of Burlingame. Current applications include: payroll, budget, general ledger, accounts payable, fixed assets, false alarms, purchasing, utility billing, business license, and Geobase. Additional applications may be added upon mutual written consent by both parties. 2. Support contracts for third -party applications (i.e. UniVerse, ITRON, etc.) used by the Software Development staff must be maintained and paid for by Burlingame. If these contracts are not currently maintained, the software development staff cannot fully warranty the Software Developed and/or supported. 3. Burlingame and Redwood City will jointly develop programming requirements and specifications, test scenarios, exception scenarios, and specifications for exception handling to the software development staff. 4. Burlingame and Redwood City will meet at least twice a year to discuss and determine enhancements and priorities for the Burlingame computer and financial system. 5. To minimize support costs, the Software Development staff will perform initial testing of requested and recommended software changes in accordance with the specifications and test scenarios provided. Burlingame staff will be responsible for user testing and authorization to implement the software changes. 6. Software Development staff will undertake major software development projects only after the project has been approved and prioritized by the Burlingame Administrative/Information Services Manager. 7. Software Development staff will keep the Burlingame Administrative/Information Services Manager informed about the status of all projects undertaken and completed as requested by -the managers. 8. Burlingame employees will be invited to participate in the user focus groups that are organized to develop and enhance software. N Exhibit D Telephone and Security Systems 1. Burlingame and Redwood City will jointly develop a procedure for making simple changes to mailbox designations and greetings on Burlingame's voice mail system as part of the EDM services described above. Burlingame will provide any training necessary to develop these telephone services. 2. As part of EDM services, Burlingame and Redwood City will jointly develop procedures to oversee the use of the Burlingame computer network for security systems that may be installed at Burlingame facilities. Burlingame will provide any training necessary to provide these services. Exhibit E Performance 1. Redwood City will provide a one-year warranty on any installation or upgrade of software applications performed by the Software Development staff. Hours will not be charged when time is spent in correcting problems provided the problems are not attributable to either a third -party software vendor or Burlingame, which includes but is not limited to lack of end-user testing, lack of adequate test scenarios, or lack of adequate exception scenarios. Both Parties will agree to the project scope prior to the starting the project. 2. Redwood City will comply with the File Save Tape Procedures contained in Exhibit G of this Agreement. These procedures will be reviewed on annual basis, usually in January. 3. Redwood City will not delete or destroy any Burlingame records without written authorization from Burlingame unless pursuant to a schedule approved by Burlingame. n Exhibit F Reports 1. By the 10"' day of each month, Redwood City will provide Burlingame with a detailed report that shows the numbers of hours, by application and activity type devoted by Redwood City to the services under this Agreement during the previous month. W Exhibit G File Save Tape Procedures Daily File Save tapes are kept in the server room tape library. The IT Administrator is responsible for changing and cataloging the tapes. Universe tapes are kept daily in City Hall for (Monday, Tuesday, Wednesday & Friday). The two latest Thursday Universe tapes are kept at the Police Department. For Thursday's Universe file save, the Police Department (usually Don or another employee) will bring over a "green bag" Thursday morning. From the bag, remove earliest date tape and give to IT Administrator to be used in rotation. KEEP LAST BUSINESS DAY OF MONTH FOR MONTHLY FILE SAVE RECORDS. Friday morning, (as soon as tape has finished, usually by 8:30 a.m.) put tape (from previous night) in green bag. Usually IT Administrator will give tape. Place green bag in Police Department box in Mail Room. Police Dept. personnel will pick up. (Tapes are to be kept off site) PROTOCOL FOR KEEPING FILE SAVE TAPES (Updated May 2006) UNIVERSE • Monthly tapes — keep last business day of month (Keep indefinitely) (Tapes are stored in the fire/data safe in the vault or for permanent storage at Station 36) USER DATA(WEB Monthly tapes — keep last Friday of month (Keep for 1 year and then rotate tapes) (Current weekly Universe tapes are stored off site at the Police Department with the Universe rotation process). Other tapes are stored in the fire/data safe in the vault or for permanent storage at Station 36). EMAIL/SQL Monthly tapes — keep last Sunday of month (Keep for 2 years) (Current weekly Universe tape is stored off site at the Police Department with the Universe rotation process). Other tapes are stored in the fire/data safe in the vault or for permanent storage at Station 36). 19 Exhibit H FY2007-08 through FY2011-12 Contract and Fee Schedule The City of Redwood City will continue its partnership in furnishing software support and helpdesk services to the City of Burlingame, including the Central Country Fire District. Where in the past the City of Burlingame and the City of Redwood City have agreed to single year agreements, the terms of this agreement will span five (5) fiscal years, 2007-2008 through 2011-2012, beginning July 1 st, 2007, terminating on June 30, 2012. The City of Burlingame agrees to purchase 3,425 hours annually for each of the five years of this contract. The hourly rate of the purchased hours will increase over the immediately preceding year by no less than four (4%) percent, and no greater than six (6%) percent. The exact amount of the increase will be determined annually by Redwood City using its standard rate calculation formula and then, if necessary, adjusted to fit within the rate increase ceiling (6%) and floor (4%). The effective date of the new rate will be July 1st of each fiscal year, lasting until June 30"' of the same fiscal year. During each year of the contract, an additional $100 per month for internet services, and $200 per month for 20 FAX SR users will be charged to Burlingame. The total annual, estimated amount of 3,425 hours of service shall be paid on a monthly basis in twelve (12) equal installments. If Burlingame uses more than 3,425 hours during the period between July 1 and June 30 of any year, Burlingame shall pay Redwood City for the overage at the then -current rate. If Burlingame uses less than 3,425 hours during the period between July 1 and June 30 of any year, Redwood City shall refund the difference in amount paid by Burlingame and the actual amount due for the hours used. 11