Loading...
Item 14 Staff Report Adopt Resolution Authorizing Town Manager to Enter Into an Agreement with the Network Technology Group for Computer Network ConsultingCOUNCIL AGENDA REPORT DATE: January 11, 2001 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGE SUBJECT: MEETING DATE: 1/16/01 ITEM NO. J11L ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE NETWORK TECHNOLOGY GROUP FOR COMPUTER NETWORK CONSULTING. RECOMMENDATION: Adopt resolution authorizing Town Manager to enter into an agreement with The Network Technology Group (NTG) for computer network consulting. DISCUSSION: For the past year, staff has been using The Network Technology Group for Netware, NT, Groupwise, Zenworks, Cisco, Border Manager networking and desktop computer assistance. NTG is uniquely qualified to provide this combination of support which matches the Town's needs. The existing contract is for limited hourly assistance. No contract is in place for emergency support and for more extensive scheduled assistance. With the attached 2 year agreement, staff projects scheduling 1 day per week of consulting assistance. Currently, the Town employs one Information Systems Manager and one Clerical/MIS Technician for the entire Administrative Systems Network. Additional assistance from consulting experts is needed. Phone support portions of this agreement should help increase computer uptime. ENVIRONMENTAL ASSESSMENT: This action is not a project defined under CEQA, and no further action is required. PREPARED BY: JAMES W. PIPE ASSISTANT TOWN ANAGER Reviewed by: Q K- Attorney ance Revised: 1/1 1/0 1 3:02 PM Reformatted: 7/14/99 N:1S H ARGV im-NT(i 1. wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Network Technology Group Agreement January 9, 2001 FISCAL IMPACT: The Network Technology Group service will be paid for by funds allocated in the current 2000-2001 fiscal year budget for Management Information Systems (program 6685), including quarterly payments of $3,000, and hourly support on an as needed basis. The Management Information Systems Manager estimates that total expenditures, including the quarterly payments of $3,000, should not exceed $80,000 for the current fiscal year. Attachment: Agreement with Resolution RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE NETWORK TECHNOLOGY GROUP FOR COMPUTER NETWORK CONSULTING SERVICES. WHEREAS, Town Council desires to continue to utilize consultant services for computer network consulting services; and WHEREAS, due to the uniqueness and special expert knowledge, qualifications and experience required to provide the service noted, Town chose the firm of The Network Technology Group to provide computer network consulting service. RESOLVED, by Town Council that TOWN OF LOS GATOS enter into an agreement with Network Technology Group to provide computer network consulting services (Exhibit A). RESOLVED, by Town Council that TOWN MANAGER is authorized and directed to execute the attached agreement for computer network consulting services in the name and in behalf of TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council held on the day of January, 2001 -by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA OFFICE OF THE TOWN CLERK AGR / - (© IHH ORD REC RESO AGREEMENT FOR COMPUTER NETWORK SUPPORT SERVICES THIS AGREEMENT is entered into this day of , 2001, by and between Town of Los Gatos, State of California, herein called "Town", and NETWORK TECHNOLOGY GROUP, engaged in providing COMPUTER NETWORK consulting services herein called "Consultant". RECITALS A. Town desires to engage a COMPUTER NETWORK Consultant to provide consulting services to PROVIDE NETWORK SUPPORT because of Consultant's experience and qualifications to perform the desired work. B Town has reviewed the qualifications of consultants providing computer network support services and has determined that Consultant is qualified to provide the desired services in light of Town's computer equipment and software needs. C. Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Consultant shall provide the services listed below. Emergency Support Services. On a continuous basis, Consultant shall provide a dedicated telephone number (currently 408-494-3473) with voice mail messaging and pager service, for the purpose of Town contacting Consultant's support professional. Consultant shall provide professional telephone support services within 4 business hours of Town contacting dedicated telephone number. Consultant may limit the number of Town Staff allowed to call emergency support services to no less than 4 staff members, as designated by Town. Maximum response time for critical emergency, which shall be defined to include any failure of the Town's network Revised: January 2, 2001 N:\INFOSYS\CONTRACT1NTG12.wpd Page 1 of 7 hardware or software that causes a substantial reduction in the effective operations of the Town's computer network, shall be 4 additional business hours, from the time of initial telephone support to arrival of qualified Consultant staff at Town Hall. Scheduled Weekly Support. Consultant agrees to provide 8 hours per week of support on Mondays unless a particular Monday is a holiday then the services may be rescheduled within the same week at the mutual convenience of the parties, but can be rescheduled to a later mutually convenient date if agreed to by the parties. Town agrees to schedule 8 hours per week of support on Mondays, unless a particular Monday is a holiday then the services may be rescheduled within the same week at the mutual convenience of the parties, but can be rescheduled to a later mutually convenient date if agreed to by the parties. Other Support. Consultant agrees to provide support for special projects and problems which may exceed the available weekly scheduled support. 1. Time of Performance. Services are to commence upon notification to proceed by Town, which must be preceded by an executed contract and a purchase order and expire on June 30, 2002. (See also "Termination" section of this Agreement.) 2. Compliance with Laws. Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of Town of Los Gatos. 3. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 4. Compensation. Compensation for Consultant's professional services shall be based upon Consultants approved Rate Schedule (attached hereto as Exhibit "A" and incorporated by reference herein). Payment for "Emergency Support" shall be made in advance for each upcoming quarter. All other payments shall be net thirty (30) days. Invoices for hourly rates must include date of service, resource level, number of hours and purchase order number. Payment terms are net 30 days. Revised: January 2, 2001 N:IINFOSYS\CONTRACT\NTG12.wpd Page 2 of 7 Only one (1) purchase order number per invoice will be accepted. All invoices and statements to Town shall reference Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 655 Los Gatos, CA 95031 Statements: Town of Los Gatos Attn: Sandy Ortiz P.O. Box 655 Los Gatos, CA 95031 5. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of Town at Consultant's offices during business hours upon written request of Town. 6. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be Jim Hunton. 7. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the consent of Town. 8. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: To Consultant: Chris Gjerde Information Systems Manager Town of Los Gatos 110 E. Main Street Los Gatos, CA 95032 Jim Hunton, President Network Technology Group P.O. Box 90007 San Jose, CA 95109-3007 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. Revised: January 2, 2001 N:\INFOSYS\CONTRACT\NTGI2.wpd Page 3 of 7 9. Independent Contractor. It is understood that Consultant, 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 Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 10. Conflict of Interest. Consultant understands that its professional responsibilities is solely to Town. Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of Staff or management of Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at Town's sole discretion, sever any such employment relationship. 11. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 12. Insurance. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an Revised: January 2, 2001 N:\INFOSYS\CONTRACT\NTG12.wpd Page 4 of 7 amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by Town before work commences. iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. General Liability: Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by Town, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Town, its officers, officials, employees or volunteers. iv. Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in Revised: January 2, 2001 N:\INFOSYSICONTRACT NTGI2.wpd Page 5 of 7 limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with Town Clerk. D. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 13. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of Consultant, or any of Consultant's officers, employees, or agents or any subconsultant. 14. 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. 15. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of Santa Clara. 16. Termination of Agreement. Town and Consultant shall have the right to terminate this agreement December 31, March 31, June 30, or September 30 of any year, with or without cause, by giving not less than fifteen (15) days written notice of termination. Town has the right to terminate this agreement at any time if Consultant defaults on any of its obligations under Contract. Consultant has the right to terminate this agreement at any time if Town defaults on any of its obligations under Contract. 17. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by Town and Consultant. 18. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 19. Entire Agreement. This Agreement, including Exhibit A, constitutes the complete and exclusive statement of the Agreement between Town and Consultant. 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. Revised: January 2, 2001 N:\INFOSYS\CONTRACT\NTG12.wpd Page 6 of 7 IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos Consultant: Debra Figone, Town Manager im Hunton Town of Los Gatos The Network Technology Group Precirihnt Title ATTEST: Clerk of Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk Approved as to Form: Orry P. Korb, Town Attorney Revised: January 2, 2001 N:IINFOSYSICONTRACTINTGI2.wpd Page 7 of 7 The Network Technology Group Rate Schedule for The Town of Los Gatos Valid through June 30, 2002 Resource Level Rate Senior Consultant $200 per hour Consultant $165 per hour Associate Consultant $100 per hour Quarterly Emergency Support Services and Phone Support Availability $3000 per quarter, payment in advance required Normal hours 6:OOAM to 5:OOPM (Occasional work before 8: OOAMallowed at normal hourly rate to minimize network disturbance, at NTGI's discretion.) Minimum on -site support time will be two hours per call. Minimum phone support time will be 1/4 hour per call, at above rates. Overtime will be billed as follows: Weekdays 5:OOPM to 7:OOPM Time and one-half Weekdays 7:OOPM to 6:OOAM Double time Weekdays and Town Holidays Double time RESOLUTION 2001- 4 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE NETWORK TECHNOLOGY GROUP FOR COMPUTER NETWORK CONSULTING SERVICES. WHEREAS, Town Council desires to continue to utilize consultant services for computer network consulting services; and WHEREAS, due to the uniqueness and special expert knowledge, qualifications and experience required to provide the service noted, Town chose the firm of The Network Technology Group to provide computer network consulting service. RESOLVED, by Town Council that TOWN OF LOS GATOS enter into an agreement with Network Technology Group to provide computer network consulting services (Exhibit A). RESOLVED, by Town Council that TOWN MANAGER is authorized and directed to execute the attached agreement for computer network consulting services in the name and in behalf of TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16' day of January, 2001 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: Steven Blanton ABSTAIN: None SIGNED: /s/ Joe Pirzynski MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Town Council Minutes January 16, 2000 Redevelopment Agency Los Gatos, California RATIFICATION OF PAYROLL/NOVEMBER- DECEMBER 2000 (05.V) Motion by Mr. Attaway, seconded by Mr. Glickman, that Council ratify the check registers for the payrolls of November 26 through December 9, 200, paid on December 15, 2000 and December 10, 2000 through December 23, 2000, paid on December 29, 2000, in the amount of $470,466.78. Carried by a vote of 4 ayes. Mr. Blanton absent. ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 2000-JANUARY 2001 (06.V) Motion by Mr. Attaway, seconded by Mr. Glickman, that Council ratify the accompanying check registers for accounts payable invoices paid on December 15, 2000, December 29, 2000 and January 5, 2001 in the amount of $1,285,760.78. Carried by a vote of 4 ayes. Mr. Blanton absent. TREASURER'S REPORT (08.02) Informational report submitted by the Treasurer to the Council for the month ended November 30, 2000 was received and filed. TRAFFIC SIGNAL LIGHT BULB REBATE/PG&E PROGRAM (09.41) Motion by Mr. Attaway, seconded by Mr. Glickman, that Council authorize Town participation in PG&E's LED rebate program; award bid for supply of LED traffic signal bulbs to Fortel Communications in the amount of $93,451.43; accept quote from SMUPeek to install LED traffic signal bulbs in the amount of $12, 540; and authorize project budget as noted in Building Maintenance Fund (Fund 695). Carried by a vote of 4 ayes. Mr. Blanton absent. DEVELOPMENT APPLICATION FEES/RESOLUTION 2001-1 (11.31&09) Motion by Mr. Attaway, seconded by Mr. Glickman, that Council adopt Resolution 2001-1 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING FEES FOR DEVELOPMENT APPLICATIONS THAT ARE REFERRED BACK TO THE PLANNING COMMISSION BY THE TOWN COUNCIL AND ESTABLISHING APPEAL FEES FOR APPEALS OF DIRECTOR OF COMMUNITY DEVELOPMENT AND DEVELOPMENT REVIEW COMMITTEE DECISIONS. Carried by a vote of 4 ayes. Mr. Blanton absent. POSITION & CLASSIFICATION/SENIOR COORDINATOR/RESOLUTION 2001-2 (12.29) Motion by Mr. Attaway, seconded by Mr. Glickman, that Council adopt Resolution 2001-2 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND CLASSIFICATION PLAN TO ESTABLISH THE CLASSIFICATION OF SENIOR COORDINATOR. Carried by a vote of 4 ayes. Mr. Blanton absent GOLDEN GATEWAY LIBRARY NETWORK/RESOLUTION 2001-3 (13.32) Motion by Mr. Attaway, seconded by Mr. Glickman, that Council adopt Resolution 2001-3 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING LOS GATOS LIBRARY TO JOIN THE GOLDEN GATE LIBRARY NETWORK. Carried by a vote of 4 ayes. Mr. Blanton absent NETWORK TECHNOLOGY GROUP/COMPUTER CONSULTING/RESOLUTION 2001-4 (14.42) Motion by Mr. Attaway, seconded by Mr. Glickman, that Council adopt Resolution 2001-4 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE NETWORK TECHNOLOGY GROUP FOR COMPUTER NETWORK CONSULTING SERVICES. Carried by a vote of 4 ayes. Mr. Blanton absent TC:D13:MM011601 3