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Item 17 Staff Report Adopt Resolution Authorizing the Town Manager to Execute Agreement with Edge Information Systems for Computer Network Consulting Services and Upgrades Related to the Administrative SystemCOUNCIL AGENDA REPORT DATE: JULY 25, 1996 TO: MAYOR AND TOCOUNC FROM: TOWN MANAGER SUBJECT: MEETING DATE: 8/5/96 ITEM NO. / • ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH EDGE INFORMATION SYSTEMS. FOR COMPUTER NETWORK CONSULTING SERVICES AND UPGRADES RELATED TO THE ADMINISTRATIVE SYSTEM. RECOMMENDATION: Adopt resolution authorizing the Town Manager to execute agreement with Edge Information Systems for computer network services as approved in the 1996-97 Adopted Operating Budget for the Administrative System Computer Network Upgrade Project. DISCUSSION: The Town's data processing system was developed after a Town -wide needs assessment and a comprehensive study by Peat Marwick in 1991. The Town used the conceptual framework recommended in this Information System Planning and Implementation Report and implemented an integrated systems model as suggested by the consultants. We have acquired three primary Town computer systems with associated software packages and applications. The three systems are the Administrative System HP 9000, the Library-Dynix HP 9000, and the Police Department HP 3000. Attachment 1 shows the integrated systems model that was presented in the Peat Marwick report. Attachment 2, from the same report, shows the application needs identified by the users as part of the Peat Marwick study. Attachment 3 compares how the Town has met the application needs listed in Attachment 2, and shows which computer system is providing those applications. Although there have been a few changes based on additional needs analysis and security considerations, the Town's data processing system closely follows the recommendations made by the consultant and approved by the Town Council. The implementation of these computer applications has increased staff efficiency, helped maintain and enhance existing service levels in the face of budget cuts, and assisted the Town in reducing the total number of staff members. To ensure that these productivity gains are retained, it is essential to maintain the computer system's performance through periodic improvements and upgrades to both hardware and software. Without a commitment to maintaining the capability of the system, system performance will degrade as staff places more demands on the system. The efficiency advantages gained in the past will be lost. PREPARED BY: MIS TEAM: im Pip-r, Michele Braucht, Chris Gjerde and BillQBruckart EI N:\SHARMBNET2 EJ 8. Reviewed by: Attorney ��% Finance Revised: 8/1/96 12:14 pm Reformatted: 10/23/95 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES AND UPGRADES RELATED TO THE ADMINISTRATIVE SYSTEM. JULY 25, 1996 BACKGROUND The Town's Administrative Information System, described in Attachment 4, is based on a Hewlett Packard 9000 837S, self-contained, multi-user computer that has the HP-UX (UNIX) operating system. The computer contains a Digital Data Storage (DDS) tape drive and integrated disk drives mounted in and adjacent to the central processor unit (CPU) cabinet. The computer and disk drives are located in a dedicated, temperature controlled room adjacent to the Town Manager's office. This HP 9000 is the Town's foundational information processing platform which supports two major "trunks" of processing capability. Running directly on the HP 9000 is an 'Informix' Database which acts as the relational database for two proprietary software programs: 'Pentamation', a financial software package used to manage the Town's accounting needs; and 'Permits', a parcel based, permit tracking software program used to manage the Town's permit processes. The 'Informix' Database software programs (Pentamation and Permits) make up the first "trunk" of processing capability. The second major "trunk" from the HP 9000 is 'Portable NetWare for the HP 9000'. This networking software program acts as a second level platform used to support networked application software packages that allow Town employees to: prepare and print documents, create spreadsheets, monitor Town traffic, and maintain information vital to the work of Town departments. 'Portable NetWare' also supports the Town's electronic E-Mail, Calendar, and Scheduling Software which is called Novell 'GroupWise'. The HP 9000 is connected to over 60 Personal Computers (PC's) and 12 printers located throughout Town Center, the Neighborhood Center, and the Town Corporation Yard. This connection is made through data cables (10BaseT backbone) which connect each PC and printer to the HP EtherTwist 'Hubs', which are the system's centralized routing equipment. In the case of the remote sites (the Neighborhood Center and Town Corporation Yard), these locations are connected to the 'Hubs' using fiber-optic cables allowing for the nearly instantaneous transmission of data. The 'Hubs' are then connected directly to the HP 9000 which completes the link between users and the HP 9000 Administrative Computer. The Town's networked Hardware Diagram is shown in Attachment 5. The Town's Administrative Information System structure enables the Town's staff to use up-to-date software applications and allows for smooth and relatively seamless upgrades as new versions of application software become available. The System structure also allows for the use of a variety of operating systems (UNIX, DOS and Windows), and application software packages such as WordPerfect, Excel, Novell GroupWise, Pentamation, Permits, etc. WordPerfect is the word processing program that allows the staff to prepare written reports and documents. Excel is a spreadsheet program that is used for financial and statistical analysis. Novell GroupWise provides the E-Mail and Calendar/Scheduler features for the Town. Pentamation is the Town's fmancial accounting system that includes the General Ledger, Accounts Payable, Payroll, Budgeting, Business Licenses, Receivables, Cash Receipts, and Fixed Assets. At the present time, the Town of Los Gatos is operating its computer system at a level that equals or surpasses most Bay Area cities. As a result, the Town has been able to achieve unusual levels of productivity and provide increasingly better customer service. However, the use of these application software packages has outgrown the existing hardware and network operating systems, causing unacceptable application slowdowns. On September 18, 1995, Council approved an informational report on the Town's computer systems. One of the future improvements listed for the administrative system computer network was the installation of a dedicated NetWare server. In March of 1995, Hewlett-Packard staff performed network diagnostic services on the Town's Administrative System Computer Network. The report submitted at the conclusion of these services recommended that the software applications now running on the "Portable Netware for the HP9000" be moved from the HP9000 UNIX platform to a Pentium speed PC server system, using a newer version of "native netware" This migration would maintain existing networking capabilities while freeing up processing capabilities on the HP9000. Since March of 1995, performance of the HP9000 has become an efficiency issue. The existing configuration is no longer able to serve the needs of all the users in a timely fashion. It is not uncommon for a task as simple as logging onto the system to take five to ten PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES AND UPGRADES RELATED TO THE ADMINISTRATIVE SYSTEM. JULY 25, 1996 minutes instead of the original imperceivable seconds. With more users competing for the system, it is frequently common for the system to become locked up and non -responsive. When this occurs data may be lost and PC's must be shut down while maintenance is performed on the HP9000. The following is a representative sample of capacity constraints on July 26, 1996. YELLOW ALERT 07/26/96 08:47:46 CPU Bottleneck' probability= 75.00% END ALERT 07/26/96 08:47:56 End of CPU Bottleneck Alert RED ALERT 07/26/96 08:48:12 Disk Bottleneck probability= 94.98% END ALERT 07/26/96 08:49:18 End of Disk Bottleneck Alert RED ALERT 07/26/96 08:55:56 Disk Bottleneck probability= 97.84% END ALERT 07/26/96 08:59:47 End of Disk Bottleneck Alert YELLOW ALERT 07/26/96 09:51:05 CPU Bottleneck probability= 75.00% END ALERT 07/26/96 09:52:22 End of CPU Bottleneck Alert YELLOW ALERT 07/26/96 09:53:23 Disk Bottleneck probability= 71.59% END ALERT 07/26/96 09:53:59 End of Disk Bottleneck Alert YELLOW ALERT 07/26/96 10:50:46 CPU Bottleneck probability= 75.00% END ALERT 07/26/96 10:51:27 End of CPU Bottleneck Alert YELLOW ALERT 07/26/96 14:57:34 CPU Bottleneck probability= 75.00% END ALERT 07/26/96 14:57:39 End of CPU Bottleneck Alert YELLOW ALERT 07/26/96 15:27:41 Disk Bottleneck probability= 85.93% END ALERT 07/26/96 15:28:43 End of Disk Bottleneck Alert YELLOW ALERT 07/26/96 15:35:24 CPU Bottleneck probability= 75.00% END ALERT 07/26/96 15:35:34 End of CPU Bottleneck Alert RED ALERT 07/26/96 16:07:36 Disk Bottleneck probability= 98.03% YELLOW ALERT 07/26/96 16:08:02 CPU Bottleneck probability= 75.00% END ALERT 07/26/96 16:08:17 End of Disk Bottleneck Alert END ALERT 07/26/96 16:09:39 End of CPU Bottleneck Alert RED ALERT 07/26/96 16:21:32 Disk Bottleneck probability= 98.24% END ALERT 07/26/96 16:23:50 End of Disk Bottleneck Alert YELLOW ALERT 07/26/96 16:29:53 Disk Bottleneck probability= 85.40% END ALERT 07/26/96 16:30:18 End of Disk Bottleneck Alert YELLOW ALERT 07/26/96 16:32:21 Disk Bottleneck probability= 78.19% RED ALERT 07/26/96 16:33:02 Disk Bottleneck probability= 94.90% END ALERT 07/26/96 16:33:32 End of Disk Bottleneck Alert 'A Bottleneck is a situation that occurs when a system resource is constrained by demand that exceeds its capability. The resource is said to be "bottlenecked." A bottleneck causes system performance to degrade. A primary characteristic of a bottleneck is that it does not occur in all resources at the same time; other resources may instead be underutilized. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES AND UPGRADES RELATED TO THE ADMINISTRATIVE SYSTEM. JULY 25, 1996 A significant improvement in the efficiency and operation of the HP 9000 and the NetWare program can be achieved by moving the NetWare program to a separate "server" system. The wide spread availability of Pentium -based servers now has made the consideration of a dedicated server system for the NetWare program financially feasible. Attachment 6 and 7 show the proposed configuration. The primary benefits are: 1. Increased performance: By eliminating the competition for the same CPU and disk resources, both NetWare and HP-UX will perform much faster. This will eliminate or substantially reduce the instances of locked -up screens and non -responsive PC's which, in turn, will restore staff productivity by eliminating long "waiting" periods for the computer to respond. 2. Increased functionality: More applications and files can be shared. Software will run more efficiently on the native Netware. With the server's CD-ROM drives, any user can access the information on the CD's. Potential shared CD's include: Metroscan's parcel information and scanned parcel map program, digital aerial photography, and others. This capability also will increase productivity and improve customer service. 3. Increased reliability: Currently, all downtime affects both UNIX and NetWare. With two separate computers, one can be under maintenance while the other is still running. Servers are also built with reliability in mind, including mirrored hard disks, and other improvements. DISCUSSION On January 8, 1996, staff sent Requests for Proposals to 14 computer network consultants. Seven consultants responded with proposals to upgrade the existing Administrative System Computer Network. Staff interviewed the two top -ranked consultants -- "Edge Information Systems" and "Computerland of Almaden" after thoroughly evaluating all proposals. Edge Information Systems (Edge I.S.), based in San Jose, submitted the best overall proposal for the upgrade. Edge I.S. is one of the top local area network (LAN) experts in the country and is a Novell Platinum level network system integrator (the highest level a reseller can reach with Novell). The majority of other proposals only contained price information, resulting in incomplete proposals. Edge I.S.'s proposal provided consistent and competitive pricing. Both their proposal and interview directly answered RFP questions, and provided clear recommendations and advice that showed Edge I.S. has full knowledge of the Town's needs and has the ability to make this project and future improvements successful. Future Considerations for the Town's Data Processing Systems Improvements which should be considered in the coming months and years include: Document Management: Existing maps, letters, agreements, reports, memos, and other documents could be scanned and stored on optical disks. New documents could be stored on optical disks in original file format. Staff would be able to search for documents matching a certain criteria or select a document to view at the click of a button. This type of system would be much more efficient than the current manual filing and retention system. Upgrading word processing software. The current software is WordPerfect 6.0a. Although this version has many problems, staff believes that the cost to upgrade, the time to learn the changes, and the recent sale of WordPerfect Corporation to a new company currently outweigh the benefits of upgrading. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES AND UPGRADES RELATED TO THE ADMINISTRATIVE SYSTEM. JULY 25, 1996 100/10 Ether switch. The current network equipment is 10BaseT. Newer network cards can handle data about 10 times that rate. If network performance becomes a problem, communication between the network hubs and servers could be increased to 100BaseT with this ether switch. ENVIRONMENTAL ASSESSMENTS: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: This project is fully funded in the 1996-97 Operating Budget, Equipment Replacement Fund 2201-77650 - $134,200. Project Summary: Following is a summary of the basic tasks for the project: NEW HARDWARE SUMMARY: SOFTWARE: Purchase & Install HP Netservers NetWare 100 User License & 5 User License Purchase & Install DiskPort & 6 ROM Drives Tape Backup Software Purchase & Install UPS & Hard Disks & Misc. Network AntiVirus Software, Hardware for Netservers & Fax Server Software Purchase & Install Laptops, PC's, UPS's, Printer, & Visio (Technical Edition) Misc. Hardware for users Manage Wise & NetWare Connect Purchase & Install Digiboard & Modems for Network Faxing (out) and dial -in capabilities SERVICES: Complete setup of all Hardware & Software & Existing Client PC's & Printers The project includes purchasing, installing, and all setup of all hardware and software for a complete, reliable, NetWare network; transfer and setup of existing portable NetWare files to new NetWare network and some reconfiguration of existing hardware. Attachments: 1. Conceptual Model 2. Application Needs by User Department 3. Computer Applications 4. Network Software Diagram - Existing 5. Simplified Network Hardware Diagram - Existing 6. Network Software Diagram - Proposed 7. Simplified Network Hardware Diagram - Proposed 41004"-- TOWN OF LOS GATOS EXHIBIT I Conceptual Model Peat Marwick ATTACHMENT I TOWN OF LOS GATOS EXHIBIT 11 Application Needs by User Department 2 0 w V t. a. a: Office Automation I x x x x x x x x x x x x x x t• 1 3 x Police PIMJCAD x x x x x x ; 4 a. x x x x x x x x x x x x x w m e C7 x x x x x x x x x x Finance x x x x x x x x x x x x x x g Y x 3 E° E < 3 E 1 at U 3 F� F F r a $ 2 9 a r, w A To 1 iC a. ea .S a. °° .9 t '= -a m w 8 g Y 1 w i a. 1 .c 3 w EY 0 Peat Marwick Town of Los Gatos Computer Applications A - a MIlice Automation Police PIMI(AI) 7 7 7 < < < < 1 5 1 5 5 = 1 1 1 I II'9000/Adlnln I II'9000/1_ib 111'9000/Adnun 1 IP9000/Admin 11P9000/Admin 1P9000/Admin IP9000/Admin CC' -3 -3 -5 et .. -57 7."~�J < < < < < < < < < T" ^ a i i I'9000/Admi► P9000/Adn►i► P9000/Admi► User Department 9/5/95 4 56 PM C'j MAIN NETWORK APP'S ins 0 c 0 m E °) v co •cE y T C E � O a a� CO °/ g w U> = c cs 7)41 m d ar it - cE � U c a N of a y cut - .a C. c 0 c N uj O 76 00 o Q) — 0 w Oc Z E as a) c 2 co ca a) Retention Records O) C C O c o co U CCT Q cp d o O 0 O -as-E c� c E o = L E 0 U o C4 a) as w c cEna E- L0 O. U \ b b / N E a) d CA > co O) U E a SPECIALIZED NETWORK APP'S Cn c 0 C U LU Ca > a w ,X E M 4O co c O O O N O)al L Z Z O xo Z -0 O 0 0 J a) c d ATTACHMENT RK HARDWAR a. Z Exist 10BaseT Backbone ij CL W w>U Z Llj 1 u) __ =�I wWQ >Q� 1 H Ch Z LLI m Z T a — — , I --- cc O cc • 0 z . � Q � Q Q W W co o W 0 MF SYS60 C:1 FILES \ COMPUTER\NETWORK W v / 0 a 0 a 51 0 u. 1- 0 VI cn W 1- '>- '^ VI Z cn F.. 0 u_ 0 Z 0 1- MAIN NETWORK APP'S AutoCAD r12 0 1) U w x U wa ea lit am E C aE) c � ca 2 cn a) a) Retention Records 0 E`—° 4-5 E tE ,,E^ VI ^ c = 00 o E U m U o 0 a) a x cC U_ E ca N a) D = 0Q c 0 j a)� N 0 .0 o▪ � x ii N N o 0 c U SPECIALIZED NETWORK APP'S c Z c;4 cI, 0 cu ca 0 a? a, U )O Ecco Q N camre m 0 m re a) m O cco U) 2a 3� Z a) E Q Y C4 0 W Z NetWare Print Queue FUTURE NETWORK APP'S ATTACHMENT QN I.I. V 4 ce c N� O a F..e s W W Z O Wa —O L.L. as co co 0 H Q (7 0 0 Z 0 1- 14BaseT Backbone 1 IIIIIII ye ye w co W o Z • N WZO w W Z coo N F- O w C4 a • w 0 • ATTACHMENT w 1- Y �O cr o� �Q a Z� W 2 aO W o m U W J � NO< a d w CO SYS60 C:\ FILES\COMPUTER\HARD NEW.VSD C.G. 7/30/96 n COUNCIL AGENDA REPORT DATE: August 5,1996 TO: MAYOR AND TOCOUNCIL FROM: TOWN MANAGER SUBJECT: MEETING DATE: 8/5/96 ITEM NO. 17 DESK ITEM ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES AND UPGRADES RELATED TO THE ADMINISTRATIVE SYSTEM DISCUSSION: Attachment 8 was inadvertently omitted from the staff report that was forwarded on Friday. It is attached for your consideration. Attachment: 8. Resolution authorizing the Town Manager to execute agreement with Edge Information Systems for computer network consulting services for the administrative system computer network upgrade project Exhibit A - Agreement for Computer Network Consultant Services PREPARED BY: JAMES W. PIPER Assistant Town Man JWP:pm MGR106 A:ICNQL TS�8-5-1.WP Reviewed by: Attorn Reformatted: 10/23/95 Revised: 8/5/96 2:44 pm RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES FOR THE ADMINISTRATIVE SYSTEM COMPUTER NETWORK UPGRADE PROJECT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into the Agreement attached hereto as Exhibit A with Edge Information Systems for computer network consulting services, and that the Town Manager is authorized, and is hereby directed, to execute this agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 199_ by the following vote: COUNCIL MEMBERS: AYES: NAYES: AB SENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AGREEMENT FOR COMPUTER NETWORK CONSULTANT SERVICES THIS AGREEMENT is entered into this day of , 19_, by and between the Town of Los Gatos, State of California, herein called the "Town", and EDGE INFORMATION SYSTEMS, engaged in providing COMPUTER NETWORK INTEGRATION consulting services herein called the "Consultant". RECITALS A. The Town is considering undertaking activities to upgrade the existing Administrative System Computer Network. B. The Town desires to engage a Computer Network Consultant to provide consulting services in conjunction with purchasing, installing, and setting up native NetWare servers, various network hardware, various software and various computer services, because of Consultant's experience and qualifications to perform the desired work. C. The 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: Consultant shall purchase, install, set up, test, and configure, as necessary to provide a fully complete smoothly operating computer network system, the computer hardware, accessories, software, and services listed in Exhibit A (attached). 1. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by October 1, 1996. 2. Compliance with Laws. The 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 the 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. Revised August 5, 1996 Page 1 of 6 C:®FLLES®COMPUTER®LErTERS®NEFWARE.CON 4. Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 5. Compensation. Compensation for Consultant's professional services shall not exceed the amount per item described in the attached Exhibit A and payment shall be based upon Town approval of each task. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. 6. 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 the Town at the Consultant's offices during business hours upon written request of the Town. 7. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Chris Griffith, Account Executive. 8. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town. 9. 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: Chris Gjerde, Associate Civil Engineer Department of Building & Engineering Services Town of Los Gatos 110 E. Main Street Los Gatos, CA 95032 Revised August 5, 1996 C:®FILES®COMPUTER®LETTERS®NETWARE.CON Page 2 of 6 To Consultant: Chris Griffith, Account Executive Edge Information Systems 150 Baypointe Parkway San Jose, CA 95134 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 10. Independent Contractor. It is understood that the 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 the 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, the 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. 11. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the 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 the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so. 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 sever this employment relationship. 12. 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 Revised August 5, 1996 C:®FILES®COMPUTER®LETTERSRNETWARE.CON Page 3 of 6 occupational qualification pursuant to the California Fair Employment & Housing Act. 13. 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 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 the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the 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: I. The 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 the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the 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 the Town, its officers, officials, employees or Revised August 5, 1996 C:®FILES®COMPUTER®LEITERS®NErWARE.CON Page 4 of 6 volunteers. iv. The 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 limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. current certification of such insurance shall be kept on file at all times during the term of this agreement with the 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 the 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. 14. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the 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 the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. 15. 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. 16. 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 either the County of Santa Clara or the County of San Mateo. 17. Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to Revised August 5, 1996 C:®FILES®COMPUTER®LErTERS®NETWARE.CON Page 5 of 6 completed services contemplated under this Agreement pursuant to Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 18. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 19. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the 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 Pay. IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos David W. Knapp, Town Manager Edge Information Systems Town of Los Gatos Print Name Title ATTEST: Clerk of the Town of Los Gatos, Approved as to Form: Los Gatos, California Marian V. Cosgrove, Town Clerk Larry E. Anderson, Town Attorney Revised August 5, 1996 C:®FILES®COMPUTER®LEITERS®NETWARE.CON Page 6 of 6 TOWN OF LOS GATOS PROJECT TASK LISTING ADMINISTRATIVE SYSTEM COMPUTER NETWORK UPGRADE PROJECT Pro j ect Summary: Following is a summary of the basic tasks for the project: New Hardware Summary: Software: Purchase & Install HP Netserver LS & LC NetWare 100 User Licence & 5 User Licence Purchase & Install DiskPort & 6 CD Changer Tape Backup Software Purchase & Install UPS & Hard Disks & Misc. Hardware for Netserver Network AntiVirus Software, & Fax Server Software Purchase & Install Laptops, PC's, UPS's, & Misc. Hardware for users ManageWise & NetWare Connect Purchase & Install Digiboard & Modems for Network Faxing (out) and dial -in capabilities Services: Complete setup of all Hardware & Software & Existing Client PC's & Printers The project includes purchasing, installing, and all setup of all hardware and software for a complete, reliable, NetWare network; transfer and setup of existing portable NetWare files to new NetWare network and some configuration of existing hardware. The detailed lists following this summary contain more specific information. Hours / Time of Completion: Working hours for any setup in Town Hall will be limited to between 8AM and 5PM weekdays, excluding holidays. Other hours may be arranged at the approval of the System Administrator (one weekend and late/early hours may be arranged prior to network switch over). The existing Administrative System Computer Network shall be left up and running continuously. System down time shall be limited to hours approved by the System Administrator in advance, generally limited to Friday afternoons. Project shall be complete within 60 calendar days of receiving the Purchase Order for the work. The tentative schedule is as follows: August 5, 1996 Town Council Authorizes Agreement August 9, 1996 Purchase Order Issued to Consultant & Agreement Executed October 1, 1996 Project Fully Complete. RESOLUTION 1996-99 RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES FOR THE ADMINISTRATIVE SYSTEM COMPUTER NETWORK UPGRADE PROJECT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into the Agreement attached hereto as Exhibit A with Edge Information Systems for computer network consulting services, and that the Town Manager is authorized, and is hereby directed, to execute this agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of August, 1996 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck NA YES: None ABSENT: Patrick O'Laughlin ABSTAIN: None SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marain V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA August 5, 1996 Los Gatos, California AMICUS BRIEF/HILLSBORO PROPERTIES/CITY OF ROHNERT PARK (13B.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Hillsboro Properties v. City of Rohnert Park, Appellate Court Case C-93-1723, at no cost to the Town. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. AMICUS BRIEF/SUTER/CITY OF LAFAYETTE (13C.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Suter, et al. v. City of Lafayette, Appellate Court Case 1CIVA073743, at no cost to the Town. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. NEIGHBORHOOD CENTER POLICIES AND PROCEDURES/RESOLUTION 1996-96 (14.44) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. HOUSING CONSERVATION PROGRAM GUIDELINES/RESOLUTION 1996-97 (15.19) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING HOUSING CONSERVATION PROGRAM GUIDELINES ADOPTED BY RESOLUTION 1996-47. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ELECTRONIC BANKING SERVICES/BANK OF THE WEST/RESOLUTION 1996-98 (16.06) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BANK OF THE WEST FOR ELECTRONIC BANKING SERVICES. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COMPUTER NETWORK CONSULTING/EDGE INFORMATION/RESOLUTION 1996-99 (17.28) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH EDGE INFORMATION SYSTEMS FOR COMPUTER NETWORK CONSULTING SERVICES FOR THE ADMINISTRATIVE SYSTEM COMPUTER NETWORK UPGRADE PROJECT. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COMPUTER SYSTEM/HEWLETTPACKARD SERVICE/POLICE/RESOLUTION 1996-100 (18.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1996-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HEWLETT PACKARD FOR SUPPORT SERVICES FOR THE LOS GATOS POLICE DEPARTMENT, Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC: D8: MM080596 3