Goleta City Council
April 16, 2024

Agenda Item D.2

CPMS DISCUSSION/ACTION ITEM
Meeting Date: April 16, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Matthew R. Fore, General Services Director SUBJECT: Award of Agreement for Managed Information Technology Services RECOMMENDATION:

A. Authorize the City Manager to execute a Professional Services Agreement with CU Technology, dba Acorn Technology Services , for the provision of information technology suppor t services, in an amount not -to-exceed the base amount of $1,035,906, for an initial term through June 30, 2027, with two, one-year options to extend at the discretion of the City; and
B. Authorize the City Manager to approve change orders, if necessary, in an amount not to exceed $ 100,000 for special projects and enhancements beyond the base services.

BACKGROUND:

Since 2004, Synergy Computing, Inc. (Synergy) has provided managed information technology (IT) services to the City of Goleta. On September 7, 20 21, City Council approved the most recent agreement (Agreement No. 2021 -079) with Synergy for managed IT services. On June 20, 2023, City Council approved an amendment to extend the term of the agreement to June 30, 2024.

Development of New Service Contract
In Summer of 2023, Staff began developing a Request for Proposals for comprehensive, full-service IT support to desktop, server, network, and mobile devices. The managed IT service provider (MSP) will also serve as the City’s front -line agent to other IT-related vendors including Cox (internet service) , Bay Alarm (access control and security) , and Impulse (voice-over-IP telephone), among others.

The resulting agreement reflects an important transition in the City’s IT posture, providing a variety of modern-day services and industry best practices to anchor technology on a firm foundation of plannin g and organizational governance. As such, the agreement includes the following enhancements to current services:

1. Cybersecurity: 24/7 network monito ring, quarterly network vulnerability scans, network penetration testing, and PCI testing for credit card transactions. 1 Meeting Date: April 16, 2024

2. Development of 5-Year Budget and Technology Roadmap : The Roadmap will be a living document, adapted and modified based upon development of an annual needs assessment, budget and workplan. The MSP will assist with the presentation of short- and long-term planning documents and policies to the Governance Committee.

3. Defined Service Level Agreements for resolution of problems and real-time service delivery reports to gauge various IT-related metrics.

4. Development of Training Resources: the MSP will perform regular trend analyses of network and hardware performance, help desk tickets, and other tasks such as public records request data searches. Based upon this holistic view, the MSP will identify organizational disconnects in the use of software, file storage, etc. and develop targeted training to help the City remedy these disconnects through new policies, workflows, and proper use of equipment and software.

DISCUSSION:

Procurement Process
On November 3, 2023, the City issued a Request for Proposals (RFP) for Managed Information Technology Services. The RFP opportunity was advertised on the City’s PlanetBids portal, on the City’s website, and in two notices published in the Santa Barbara Independent on November 22 and November 30, 2023, respectively. Five addenda were issued.

Proposals were opened virtually on PlanetBids on January 5, 2024. An evaluation team comprised of City staff and representatives from Government Technology Group (GTG), the City’s IT consultant, scored the written proposals based upon the established scoring rubric. The evaluation team then conducted interviews of the four (4) highest scoring proposers, along with Synergy, the City’s incumbent provider . Two finalists were invited to a final interview ; t he evaluation team contacted and scored references for the two finalists.

Recommended Award
At the conclusion of the process, the evaluation team ranked CU Technology, dba Acorn Technology Services (Acorn), as the proposer best able to fulfill the obligations set forth in the RFP. Acorn brings 20+ years of experience providing managed IT services to local governments throughout California and beyond and has e xperience servicing libraries, whose IT needs are complex and demanding. Acorn’s deep bench of 70+ staff provides a breadth of experience and expertise in all aspects of IT management, including virtual CIO services, network, desktop, and server management , project management, and purchasing.

Transition
The current service agreement with Synergy ends on June 30, 2024. Staff has allowed an approximate two-month transition period between May and June to allow for a smooth hand off from Synergy to Acorn to ensure business continuity. 2 Meeting Date: April 16, 2024

In the first 100 days, Acorn will evaluate and develop options to resolve several systemic problems in the City’s IT landscape including the following:

1. Accurate documentation: thoroughly document all City -owned equipment and software licenses.

2. Governance and Written Policies: Development of approximately one dozen policies related to network access and security, leveraging of existing enterprise systems, requests to adopt new software, etc., various use policies, and backup and recovery policies.

3. Options to improve site-to-site network connectivity.

4. Options to improve internet connectivity at the Corporation Yard and to provide internet redundancy at City Hall in the event of an outage or disruption with the City’s current internet service provider.

5. File Storage: recommendations for best practices in file storage, whether to continue to use Egnyte, Teams, SharePoint, or another third-party platform (e.g. Dropbox, etc.).

FISCAL IMPACTS:

Under the current agreement with Synergy, the City pays service fees of approximately $212,000 per year. Acorn’s cost proposal includes a n initial monthly fee of $26,500 per month ($318,000 annually), adjusted annually by 3%. Since a portion of the fee is based upon the assumed number of workstations (desktops and laptops), network components, and mobile devices to be serviced, the rates for servicing each equipment type are set .

However, during the transition period, Acorn will verify the type and quantity of all City - owned assets and adjust the initial monthly fee accordingly.

The following table illustrates the estimated costs over the term of the agreement.

Estimated Cost 1
May 2024-June 2024 (transition) $53,000
Fiscal Year 2025 $318,000
Fiscal Year 2026

$327,540
Fiscal Year 2027 $337,366
Subtotal – Base Services $1,035,906
Change Order – Special Projects $100,000
Estimated 3 Year total $1,135,906

1 Estimated costs are based upon the current base fee prior to the inventory true up by the Consultant during the Transition Phase.
3 Meeting Date: April 16, 2024

It should be noted that special projects (e.g. two -factor authentication, Emergency Operations Center after-hours response, etc.) are not included in the base fee. Special projects that fall outside of the routine scope of work would be scoped and billed separately. Staff is recommending that Ci ty Council authorize the City Manager to authorize change orders up to $100,000 for special projects to be billed at the hourly rates set forth in the Agreement.

Staff contacted two other jurisdictions to compare the Acorn proposal to other municipal IT costs.

Jurisdiction Annual Cost No. Employees
Supported
Cost/User
City of Goleta (Acorn) $318,000 120 $2,650
City of Burlingame
(MSP)

$505,000 166 $3,042
City of Santa Barbara
(Internal Department)
$3,204,566 881 $3,637

Budget:

Sufficient budget exists in Program 1820 to cover two (2) months of transition costs until June 30, 2024. The proposed Fiscal Year 2024-25 budget includes $400,000 to cover the service fees under the new contract. Staff estimates that up to $371,000 will be spent on base fees.

Purchase of Existing Networking Equipment from Synergy

Over the years, Synergy, at the request of the City, has purchased and installed networking equipment at its own cost, including firewalls, network switches, and wireless access points. Staff is working with Synergy to determine the fair market value of the networking equipment and will return to Council at a later date with a request to purchase existing equipment from Synergy and/or to purchase replacement equipment itself through other vendors.

ALTERNATIVES:

The Council may elect not to approve the agreement with Acorn. However, such direction would greatly disrupt IT services and business continuity.

LEGAL REVIEW BY: Megan Garibaldi, City Attorney

APPROVED BY: Robert Nisbet, City Manager

4 Meeting Date: April 16, 2024

ATTACHMENT:

1. Professional Services Agreement with CU Technology, dba Acorn Technology Services for the provision of Managed IT Services

2. Powerpoint Presentation
5 ATTACHMENT 1

Professional Services Agreement with CU Technology, dba Acorn Technology Services for the provision of Managed Information Technology Services

6 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Project Name: Managed Information Technology Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND

CU TECHNOLOGY, DBA ACORN TECHNOLOGY SERVICES

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of ______ , 2024, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as " CITY"), and CU TECHNOLOGY, DBA ACORN TECHNOLOGY SERVICES , a Limited Liability Corporation, (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional services for the provision of Managed Information Technology Services; and

2. The CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and

3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.

4. The City Council, on this 16th day of April 2024, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Provision of comprehensive, full -service Managed Information Techn ology Services. Services shall generally include maintenance of desktops and servers, network and security, purchasing and procurement, and general Information Technology support services as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 7 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $1,065,906, comprised of a base amount of $1,035,906 and compensation for Extra Services in the amount of $30,000, plus reimbursement for pass -through costs for equipment, software and licenses procured by the CONSULTANT (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

The rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 202 7, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager , as described in Section 5 . Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by perso nnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement . Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.

5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as tha t staff person is designated by CITY from time to time, and who presently is Matthew Fore, General Services Director, or his designee . Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 8 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

6. TERM, PROGRESS AND COMPLETION
The initial term of this AGREEMENT is from the date first written above to June 30, 2027, with two (2) additional one -year extensions at the di scretion of the City, unless the term of this AGREEMENT is extended , or the AGREEMENT is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.

7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, note s and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these se rvices, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY.

CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Craig Wolynez, Chief Executive Officer, is deemed to be specially experie nced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed fro m assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not b e assigned or subcontracted without the City M anager’s prior written consent.

9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Dama ges. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANT’s co ntractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirec tly, with CONSULTANT's performance of any activity or work required under this AGREEMENT. (b) Defense and Indemnity of Third Party Claims/Liability. CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 9 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or pro fessional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONS ULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits o r actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto. (c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold h armless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies describe d in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.

Insurance shall include the following (or broader) coverage:

a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.

b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non -owned automobile liabilit y with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Service Provider’s commercial general liability policy.

c) Workers’ Compensation insu rance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.

d) Professional liability insurance that covers the services to be perfo rmed in connection with this agreement, in the minimum amount of $1,000,000 per claim.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 10 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

e) Cyber Security and Pri vacy Liability . Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
i. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc.
ii. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
iii. Liability arising from introducing a compute r virus into or otherwise causing damage to vendor (first -party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs.
iv. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement.
v. Costs associated with restoring, updating, or replacing data. vi. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.

If coverage is maintained on a claims -made basis, consultant shall maintain such coverage f or an additional three (3) years following termination of the contract.

f) Cyber Technology Errors and Omissions. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
i. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI). ii. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
iii. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 11 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

iv. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service.
v. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights.
vi. Liability arising from the rendering, or failure to render, professional services.
vii. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. viii. Crisis management and other expert services.

If coverage is maintained on a claims -made basis, the Consu ltant shall maintain such coverage for an additional three (3) years following termination of the contract.

Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:

a) Except for professional liability insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 20 04, or its equivalent. Additional insured status for completed operations shall be provided eithe r in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.

b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect t o the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.

c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement .

CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

d) Except for professional liability insurance, l iability coverage shall be primary and non-contributing with any insurance maintained by CITY.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 12 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

e) Evidence of coverage (including the workers’ compensation and employer ’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 d ays’ prior written notice has been given to CITY. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.

f) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.

g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.

h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.

i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an indep endent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 13 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event o f termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or service s. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assump tion of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.

15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem neces sary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respe ct to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such fi nancial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance o f any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or b reach. No express written waiver of a specified DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 14 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.

18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions he reof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be g overned and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for T axpayer Identification Number and Certification, Form W -9 (Rev. October 2018), as issued by the Internal Revenue Service.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 15 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.

25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.

26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and c ertificates that may be required in connection with the performance of services under this AGREEMENT.

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind sai d party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the re ndering of services, and contains all of the covenants and agreements between the parties with respect to said services.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 16 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail , postage prepaid, and addressed as follows:

TO CITY: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Craig Wolynez, Chief Executive Officer CU Technology, dba Acorn Technology Services
1960 Chicago Avenue, Suite E9
Riverside, CA 92507

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

33. FEDERAL REQUIREMENTS
FEMA financial assistance will be used to fund all or a portion of this contract.

The Consultant shall comply with all federal requirements including, but not limited to, the following:

1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

2. Federal Contract Provisions attached hereto as Exhibit “C” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

With respect to any co nflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 17 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

_____________________________ _____________________________ Robert Nisbet, City Manager Craig Wolynez, Chief Executive Officer

ATTEST

_____________________________
Deborah Lopez, City Clerk

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 18 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

EXHIBIT A

SCOPE OF WORK

The Consultant shall deliver comprehensive infor mation technology support services as outlined in Consultant's proposal and its appendices submitted to the City on January 5, 2024, pursuant to RFP No. 2023-013 and the Consultant’s Last Best and Final Offer dated February 20, 2024. This includes, but is not limited to, the following:

General Support

1. Consultant shall provide “full service” to the City, delivering comprehensive IT provisions, addressing all Information Technology needs.

2. Provision of strategic and day -to-day IT support services aligned w ith the Consultant's highest level of support.

3. Consultant shall provide support for City desktops, laptops, computer units and applications.

4. Consultant shall provide support for mobile devices (i.e., tablets, phones, etc.) including device management Mobile Device Management (MDM) (software and hardware).

5. Consultant shall collaborate with third party vendors for application issues beyond routine repair procedures and for non -standard, unique third -party software that the City utilizes.

6. Consultant shall provide 24/7 support to all server(s).

7. Consultant shall provide 24/7 management and monitoring of the network infrastructure.

8. Consultant shall provide 24/7 network security and cyber security monitoring and management.

9. Consultant shall provide centralized security patches/updates and firmware process.

10. Consultant shall evaluate and recommend technological upgrades to the City as needed to improve performance, security, reliability, etc. The City will function as the final decision maker for any proposed upgrades.

11. Consultant will provide support to the Library Services department with all considerations and caveats that will entail.

12. Consultant shall identify, evaluate, and recommend any third -party software tools that the City will be required to procure. The City will function as the final decision maker for DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 19 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

any software licensed by, or for, the City, procured with City funds, or requir ed to be reimbursed with City funds.

13. Acceptance Testing and Documentation of Procedures. Following the comple tion by Consultant of any deliverables required by this Agreement that result in operational changes or new processes, City shall evaluate each p rocess/procedure in accordance with standard industry procedures, noting in writing whether the deliverable will be accepted (final acceptance) or if modifications are required.

14. Consultant shall provide written documentation procedures within thirty (30) calendar days of the effective date of final acceptance.

15. Consultant Staffing: Consultant shall provide technical staff that are knowledgeable and trained to conduct this Scope of Services. Based on ongoing IT needs, staffing levels may change upon mutua l agreement between Consultant and City. Managed Service staffing includes, but not limited to:

15.1. Fractional Chief Information Officer (CIO): Responsible for the Strategy, Budgeting, Road-mapping, and Governance.

15.2. Account Manager: Provides day to day oversight and management.

15.3. Director of IT: Ensures all facets of IT Infrastructure are functioning effectively.

15.4. Project Manager: Ensures all IT projects are delivered on time and on budget.

15.5. Procurement: Ensures that IT assets are procured by leveraging availab le City contracts and incentives.

15.6. On-Site Technician: Full Time Employee that will reside at the City providing white glove service to its employees . The City has a right to review, decline, replace, or accept any proposed staff. Consultant to provide an on-site technician with 3-5 years’ experience.

15.7. 24x7x365 In-Sourced/American Based helpdesk: Consultant will follow the ITIL framework.

15.8. 24x7x365 NOC: Network Operations Center continuously monitoring servers and network to keep the City operational.

15.9. 24x7x365 SOC: Security Operations Center continuously monitoring Security stack to keep the City secure.

15.10. Consultant shall develop and implement a Governance Framework and IT policies; with City’s approval, all policies will utilize City logo and branding and approved formatting.

15.11. Consultant will model governance following COBIT, ITIL and ITSM as stated in proposal.

15.12. Consultant shall develop a 5 -Year Budget and Technology Roadmap. The Consultant shall annually review and update as requested by the City.

16. Consultant shall provide “on -site” support for City special events such as “State of the City” meeting requiring IT support.

17. Consultant shall develop and implement the 12 policies identified in response to issue No. 3 in its proposal. Policies shall be complet ed by December 31, 2024, following the DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 20 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

established governance framework.

18. Consultant shall work with the City to provide services and documents as described in response to RFP Issues and Expectations as outlined in proposal pages 23 -25.

Consultant shall provide an implementation plan and timeline for the City.

19. Consultant shall assist the City in the development and review of plans and specifications for projects that interface with technology to ensure the project meets City standards and needs.

20. Consultant shall be the point of contact for all City third -party IT related vendors (including but not limited to s oftware, security, telecommunications, Internet Service Providers (ISP), and Voice over Internet Protocol (VoIP).

21. Consultant shall support the k eycard access system, including but not limited to commissioning and decommissioning of access control badges as part of MAC protocols.

22. Consultant shall develop training resources to remedy organizational disconnects and inefficiencies based upon trend analysis performed by Consultant.

23. Consultant will implement the real -time service delivery reports to the City within 60 days as described in the proposal submitted to the City on January 5, 2024 pursuant to RFP No. 2023-013, on page 49 (ix. Monthly Reports).

24. Consultant shall conduct annual citywide needs assessment, assist with the development of IT budget and workplan as endorsed by Governance Committee.

25. The City will provide the Consultant with resources as needed to conduct services such as facilitie s access, server and network access, and temporary workspace for Consultant staff as needed. Consultant shall c ommunicate in advance with the City when assistance is required.

26. City will provide a designated point of contact for Consultant.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 21 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

I – Service Delivery Area - Base Services

Purchasing

1. Consultant will be responsible for making recommendations on IT -related equipment (hardware) and software and will coordinate with vendors as requested, although City will generally make purchases.

2. Consultant will be responsible for obtaining quotes for maintenance or warranty renewals and reviewing the terms and conditions of the City's maintenance and support agreements. If Consultant adds a markup or management fee to any hardware, software, or third-party services, such markups or fees must be transparently disclosed to the City in advance. Consultant shall follow all City purchasing policies. The City will function as the final decision maker for any hardware or software purchases made on behalf of the City, procured with City funds, or required to be reimbursed with City funds.

3. The City has the right to obta in quotes and make purchases independent of the Consultant.

4. All hardware and software purchases shall be updated in an asset database with seri al numbers, warranties, and expiration dates and will be reflected in the Annual Technology Audit. Consultant shall export its own data to the City’s asset management system, Asset Essentials, at the request of the City.

5. The Consultant shall assist the C ity in adhering to the Governmental Accounting Standards Board (GASB) Statement No. 96 regarding subscription -based information technology arrangements. This includes ensuring that all IT subscriptions are properly accounted for, and working with the Finan ce Department that the City is compliant with the relevant standards.

Project Management and Delivery

1. Consultant shall deliver and manage projects with an elevated level of professionalism and skill to ensure timelines, scope and budgets are adhered to.

2. Consultant will provide a consistent methodology for all technology projects (i.e., planned during the year ly budget process, ad hoc projects) to ensure successful delivery.

3. Consultant will provide consistent support and project management of all mis sion critical business systems and liaison with the designated software/hardware provider.

4. At City’s sole discretion, innovative technology or application implementation requiring project management and services, may be sole sourced to the Consultant or may be submitted for outside bids.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 22 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Documentation

1. Consultant shall create and maintain accurate and updated t echnology documentation, including, but not limited to:

1.1. A complete Network map that displays all pertinent sites and devices

1.2. Device configuration version control

1.3. Change control documentation, including thorough test plans

1.4. Standard procedures (i.e., patch management)

1.5. Updated equipment/application/warranty/license lists

1.6. Consultant contact list

Support Tracking

1. Consultant shall utilize an int eractive ticketing system that tracks each ticket from initiation to completion. The system shall serve as the central communication hub between the Consultant's helpdesk and City users. Consultant shall develop pre - configured report(s) that can be run fro m the ticketing system showing outstanding tickets. Service Levels aims to ensure that the Consultant meets City's business requirements for availability, reliability, and secure services that are backed by service levels. By meeting these objectives, City aims to:

1.1. ensure end-user experience and productivity

1.2. standardize hardware and software environments

1.3. ensure security, data management, and backup

1.4. ensure asset management and control

2. Consultant shall follow industry best practices, specifically the "S ervice Operation" standards outlined by the Information Technology Infrastructure Library (ITIL).

Consultant shall use processes governed by a Service Level Matrix (SLM) and a set of Service Level Objectives (SLO) to identify incidents (i.e., alerts and/or events), define each incident's priority level (defined by that incident's urgency and impact), respond to incidents in order of priority, and ultimately resolve incidents as quickly as possible.

Service Level Metrics, Availability and Response Times KPI’s

1. Expected Key Performance Indicators (KPI):

1.1. Churn Rate - calculated as the percentage of employees leaving an organization at a certain period divided by the total number of employees in the organization during that period.

1.2. Average Time to Ticket Resolution

1.3. Average First Response Time

1.4. Opening/Closing tickets rate

1.5. Mean Time to Resolve

1.6. Average tickets and help time per customer

1.7. First Call Resolution

1.8. Potential IT issues prevented
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 23 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

1.9. Network uptime and speed history

1.10. Network inventory and important device statistics DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 24 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Service Level Agreements

Service Level Metrics for Service Level Agreements (SLA’s)

Service Type Service Delivery

Regular Service

7:00am to 5:30pm, Monday -
Friday

10.5 Hours of service
Help Desk hours, both via email and
telephony, are defined as 7:00am to
5:30pm Monday through Friday except
for City holidays.

Network support 24X7X365 is included
in pricing without additional charges.

City Council
Meetings

Special requirement due
to the importance of these
meetings
SLA – P0 - Immediate
Note: an MSP technician/engineer must
be immediately available, with expedited
resolution, for the duration of the
meeting.

Public Meetings
As required, both within and
outside of regular business
hours
SLA – P1 - Critical
Note: an MSP technician/engineer must
be on-call and available* immediately
for the duration of the meeting.

Emergency
Operation Center
(EOC)

Once EOC has been activated
SLA – P1 – Critical
Note: an MSP technician/engineer must
be on-site at the EOC during all
operational periods for the duration of
the emergency.

After Hours Service
5:31pm to 6:59am hours of
service Monday – Friday
All hours Saturday, Sunday
SLA – P3 - Normal

Service Level Objectives (SLO’s)

P0 -
Immediate
P1 -
Critical
P2 -
Important
P3 –
Normal
P4 –
Low
Metric Objective Objective Objective Objective Objective Availability- Network
Support Operations

Immediate 24x7x365 24x7x365 24x7x365 24x7x365
Availability-
Helpdesk

Immediate

24x7x365

24x7x365

24x7x365
Regular
Service
Hours

Acknowledgement KPI

Immediate 15
minutes*

30 minutes

60 minutes

120 minutes
Status Updates
Continuous
30 minutes 2 hours 8 hours 12 hours
Resolution Plan <10 minutes < 4 hours < 8 hours

< 16 hours < 3 days

Resolution Time
90%
resolved in
less than 10
minutes
90%
resolved in
less than 4
hours
90% resolved
in less than 8
hours
75% resolved
in less than
16 business
hours
75% resolved
in less than 1
week
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 25 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Priority Levels

Incident Priority Definition
P0 – Immediate Special need for Council Meetings that necessitate immediate response to an issue affecting the City’s ability to meet its requirement as a public meeting (Brown Act).

P1 – Critical Typically, an emergency incident affecting all or most users and that is halting the use of critical "line of business" applications and/or access to the network or a data/security breach.

Examples: Email server(s) not sending/receiving email, Internet connection down, database server appears offline, etc.

P2 – Important Likely affecting multiple users and impairing access to one or more critical business applications, though, not resulting in a complete stoppage of work

Examples: Slow/intermittent Internet connectivity, backup failures, imminent server crash due to lack of hard disk space, etc.

P3 - Normal Typically affecting between 1 and 5 users and generally non-critical in nature. Workarounds are likely available.

Examples: User cannot print to a network printer, user's domain account locked due to unsuccessful password entries, a user has deleted an email by accident and wants it restored, etc.

P4 – Low The problem affects no more than a few users and is defined as a non- business impact. Workarounds available.

Examples: User has some "dead pixels" on their monitor, user application displaying persistent error messages with no impact to use of the application, occasional static heard on a particular VoIP phone, etc.

Consultant shall develop a pre -configured report(s) from Consultant’s ticketing system that documents Consultant performance according to the service levels set forth above. Any SLA that is not met will require a remediation plan included in the SLA Report that will be implemented in less than 30 days following the report's submission.

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General Services Department and CU Technology, dba Acorn Technology Services

Account Administration, Management, and Reporting

Consultant is responsible for maintaining a prominent level of service and accurate reporting on that service. Account administration includes, but is not limited to, the following services and reports:

1. Prepare and deliver Service Level Agreement Reports acco rding to the agreed- upon service levels, and timelines set forth above

2. Report of all Help Desk tickets or reported incidents that have been open more than three days (weekly)

3. Prepare and deliver a summary report of all tickets opened, closed, or worke d during the month, with a status for each

4. Prepare and conduct an IT Satisfaction Survey due annually by the end of the 1st quarter of each fiscal year (9/30)

5. Perform Annual Technology Audit, also due by the end of the 1st quarter of each fiscal year ( 9/30), to include the current state of all hardware, software, licenses,
Contractors, diagrams, and recommendations for improvements, innovation, modern technology, including improvement and sustainability projects

6. As part of this audit, the Consultant shall present the City with all upcoming hardware/software technologies that will eventually help improve City's services. Also, to align with broader goa ls and objectives, a sequence/timeline for implementation based upon budget forecasts, organizational capacity, support, training, and implementation fatigue, etc.

7. Attend IT meetings (TBD quarterly) on -site or via teleconference with department IT user group and/or Executive Steering Committee

8. Conduct monthly IT status update meetings with City point of contact

9. Provide status of service request or project (as needed)

10. Decommission and remove hardware, including hard drives in compliance with DOJ/CJIS policies

Asset Management Services include:

1. Physical inventory

2. Asset receiving

3. Asset tracking

4. Software license management

5. Asset cascading and disposal
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 27 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Change Management

Consultant shall establish a robust Change Management methodology to ensure changes are managed. Change Management System must provide a Change Control structure including roles and responsibilities, required inputs and outputs, and communication requirements. Identify any areas where specific processes or procedures need to be adhered to (e.g., application vs. infrastructure).

II – Service Delivery Area - Desktop and Server Services

1. Help Desk management, maintenance, and monitoring activities for the operation and performance of network equipment, desktops, peripherals, and telephone equipment.

2. Consultant shall provide a full -service Help Desk as specified in the Service Level Agreement table above.

3. Consultant shall provide support for Microsoft 365, Microsoft Windows and Microsoft Server (multiple OS versions).

4. Consultant shall provide support for Microsoft 365 Exchange in the cloud.

5. Consultant shall manage all aspects of Help Desk service delivery as a single point of contact, including:

5.1. All problem resolution

5.2. Service request tracking

5.3. Problem management

5.4. Call escalation management

5.5. Dispatch

5.6. Knowledge management

5.7. Self help

5.8. New employee Onboarding / training

5.9. Manage the team providing services to Goleta

5.10. Manage the performance of Consultant's personnel and services and continually seek opportunities to enhance and improve performance.

5.11. Provide the City monthly service level reports to assess monitoring tools.

5.12. City st aff may participate in receiving alerts and alarms. (e.g., Wi -Fi, server room temperature, hardware issues).

6. Consultant will be required to measure and monitor customer service and provide monthly reports on customer service delivery. Consultant will als o provide a process for customer service escalations and remediation.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 28 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

7. Desktop Client Services include:

7.1. Hardware break/fix

7.2. Software break/fix

7.3. Peripheral break/fix (i.e., printers, scanners, copiers, fax, audio/visual equipment Note: Consultant will not be expected to fix a/v related equipment but rather help diagnose issues and if necessary, recommend replacement hardware.)

7.4. Technology refresh (includes planning and coordination with City staff)

7.5. Training room setup (setup equipment in miscellaneous locations as needed)

7.6. Installations, moves, adds, and changes

7.7. Troubleshoot and fix desktop (on site or remotely) and network issues

7.8. Provide support to E mergency Operation Center (EOC) to ensure network connectivity to EOC internet connection and phone lines

8. Desktop Application Services include:

8.1. Basic troubleshooting/connectivity support to the City applications

8.2. Image management

8.3. Patch management (all applications)

8.4. Provide and maintain security on the desktops (antivirus)

8.5. Implement antivirus automat ed scheduled scans and automatic definition updates (no manual updates or scan)

8.6. Electronic software distribution

8.7. Integration and testing

8.8. Support laptops, tablets, iPad, and mobile devices (cell/smart phones)

9. Third-Party Software Support

Basic suppor t should include connectivity to the application, potential account setup, and upgrade support.

Provide first level support to all departmental operational third -party software in use, as defined in the City’s SB 272 Enterprise Catalog and core and criti cal software as defined by the City and will escalate issues to vendors as necessary.

Categories include:

9.1. Work Order System

9.2. Land Use, Planning, Permitting and Inspection Systems

9.3. Support integration with other software, such as Bluebeam and file management.

9.4. Financial

9.5. GIS

9.6. Adobe Acrobat DC Cloud
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9.7. City Public Website(s)

9.8. Recreation Reservation Software

9.9. Miscellaneous Utility Software (i.e., Cisco WebEx, Zoom, Scanner/OCR, traffic signal software, etc.)

9.10. Business system (Microsoft 365)

9.11. GovCloud (Community Relations)

9.12. Agenda Management Software

9.13. File Storage Systems (All Users)

9.14. Departmental Tracking and project management systems

9.15. All Library systems

10. Microsoft Server Administration and Security

This section includes the maintenance of all aspects of serv er security, incident management, virus and malware protection, access control, and auditing.

Consultant responsibilities include, but are not limited to:

10.1. Microsoft server administration: with access provided by the City set up users, manage access to resources (file shares/printers), and implement security for each per Goleta requirements

10.2. Provide support for VMWare Server Environment

10.3. As needed support to VoIP system

10.4. Provide and support an antivirus solution (solution requires approval by Goleta, cur rently a combination of DNS filtering and built -in Windows security)

10.5. Ensure Goleta security policies are enforced on endpoints

10.6. Perform regular maintenance and auditing to ensure security on all devices

10.7. Monitor and respond to logs on endpoints, antivirus, patching

10.8. Ensure servers and devices have the latest available security patches and firmware installed

10.9. Implement a remote access tool to maintain a sec ure remote access environment using appropriate technologies

10.10. Provide remote access administration that comply with Goleta policies

10.11. Provide assistance to maintain Active Directory, Microsoft Azure, and Group Policies

10.12. Apply and maintain Goleta policies for file system security and user access.

10.13. Assist with the development of new IT related policies & proc edures and the updating of existing policies as needed

11. Storage and Backup, Restore & Disaster Recovery (BRDR)

Support the City’s storage environment ( hardware, software, and methodology) which is currently provided by the existing MSP.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 30 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Consultant shall manage (hardware, software, and methodology) and ensure the recoverability of all City data based on agreed upon backup and retention schedules.

Provide all support related to backup servers including but not limited to:

11.1. Provide hardware, software, and BRDR methodology

11.2. Manage backup system and Storage Area Network (SAN)

11.3. Perform backups and snapshots in accordance with established backup schedule

11.4. Maintain current upgraded backup software and infrastructure

11.5. Perform file and database recovery from backup media or snapshots as requested

11.6. Manage and monitor location of all backup media in accordance with media retention schedule

11.7. Schedule transport and destruction requests

11.8. Perform and document annual backup media disaster recovery test

12. Develop and implement a backup, restore and disaster recovery (BRDR) methodology following NIST SP 800

13. Secure Large File Transfer Services

13.1. City requires the ability to send, receive and share large files.

13.2. Consultant shall provide support to the City’s solution as needed.

14. Exchange

14.1. Microsoft 365 Exchange in the cloud

III – Service Delivery Area - Network and Security Services

1. Consultant shall manage the City of Goleta's network and provide network engineering, administration, maintenance, and projects services

2. Consultant will design, implement, and test the deployment of Active Directory Federation Services (ADFS), as well as enable and maintain two -factor authentication (2FA) in a production environment.

3. Network administration includes maintaining and moni toring communication through the Goleta network, ensuring optimal performance. This includes but is not limited to documentation and support of firewalls, switches, NAT, and VLANs.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 31 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

4. Security administration includes the support and maintenance of all aspe cts of information security, security awareness and training, incident management, firewall services, intrusion protection, penetrating services, data loss prevention, system security and auditing.

5. The communication/network responsibilities include regul ar patching, updates, firmware and service pack updates, network operating system upgrades, and the monitoring, maintaining, and optimizing of all the services and devices. The network projects include documenting and ensuring standardizations across the network (e.g., VLANS, device management).

6. The network projects will also include maintaining the current environment and changes and improvements to exis ting operations, including new capabilities. Network projects may be scheduled in advance or may be required on an as-needed basis.

The above-mentioned responsibilities include, but are not limited to:

6.1. Maintaining all WAPs, controllers, switches, and VPNs; provide network design and engineering expertise to maintain network.

6.2. Evaluating and applying security patches and upgrades

6.3. Monitoring network performance and capacity

6.4. Identifying potential limitations before traffic on the network increases to the point that it affects system performance.

6.5. Supporting as needed the VoIP infrastructure (connectivity issues)

6.6. Keeping inventory and maintenance records for all network equipment and ensuring documentation and recoverability of network device configurations.

6.7. Providing or scheduling repairs and maintenance necessary to continue operations and meet approved service levels.

6.8. Timely coordination and communication with Goleta City staff regarding maintenance and upgrades to minimize impact on Goleta operations.

6.9. Diagnosing, investigating, and identifying root cause to network problems

6.10. Integration with other A gencies / Applications (e.g., Black Gold Cooperative Library System, etc.).

6.11. Ensure applications are available for internal/external access

6.12. Maintain security settings, software, and firmware on all network equipment, computers, and laptops.

6.13. Utilize NIST security framework and standards to manage Goleta's network security program.

6.14. Facilitate PCI DSS testing and compliance for payment card data

6.15. Network di agrams shall be revised, audited, and inventoried on an annual basis. A quarterly update will be sent to the designated IT DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 32 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

contact for review.

IV - Implementation project plan with milestones for transition of services:

1. Consultant will develop and present to the City a detailed project plan to ensure a smooth and complete transition of services from the current managed service provider to Consultant.

The plan will contain tasks/activities and milestones to include:

1.1. Kickoff meeting

1.2. Coordination with existing manager service provider

1.3. Communication plan

1.4. Discovery phase to ensure data is gathered

1.5. Implement installation of all Consultant tools identified in proposal

1.6. Ensure continuous documentation of the City’s environment

1.7. Training of Consultant’s staff to support the City and sufficient resources assigned to support go-live.

2. Final dates will be mutually agreed upon after the plan is presented to the City, including an agreed upon cutover date from the current MSP provider.

The plan will enable implementa tion of Consultant’s full comprehensive services by July 1, 2024.

At minimum the implementation project plan will include:

1. Kickoff and Coordination with City and existing Managed Services Provider

1.1. Establish communication methods.

2. Discovery Phase

2.1. Update Onboarding Excel Document.

2.2. IT Glue import/export

2.3. Location information

2.4. Contact list of all users in the City for Auto Task ticketing

2.5. Workstation list

2.6. Server and Applications map list with Rack Diagrams

2.7. Helpdesk, Engineering documents

2.8. Credentials

2.9. Domain information

2.10. SSL Certificate information

2.10.1. Anti-virus details

2.10.2. Application and SME's

2.10.3. Internet WAN information

2.10.4. LAN information
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2.10.5. Licensing details

2.10.6. Remote access details

2.11. Account Manager – Customer Information Gathering.

2.11.1. Point of contact

2.11.2. Point of contacts for emergencies

2.11.3. Point of contact for all maintenance, including monthly patching

2.11.4. Change request form for authorizations

2.11.5. Physical access keys for afterhours access

2.11.6. Maintenance schedule for Microsoft updates

2.11.7. Accounts payables point of contact

2.11.8. Purchasing process

2.11.9. Purchasing thresholds and procurement requirements per the Goleta Municipal Code.

2.11.10. New user onboarding form

2.11.11. Offboarding form for separated employees

2.11.12. Current login process

2.11.13. Third party vendor information

2.12. Others;

2.12.1. Backup documentation

2.12.2. Disaster recovery documentation

2.12.3. Seamless transfer of network equipment and licenses to City/Consultant

2.12.4. Business application list

2.12.5. Recommendation for a file storage system and
improvements

2.12.6. Desktop software(s)

2.12.7. Create and implement a “Dashboard” system for City use

2.12.8. Cybersecurity scan with review results and remediation

2.12.9. Option to improve WAN/LAN connectivity

2.12.9.1. Option to provide Internet redundancy for the City

2.12.9.2. Architecture diagrams

2.12.9.2.1. Network diagram

2.12.9.2.2. Wireless map

2.12.9.2.3. VoIP design

3. Implementation Phase

3.1. Create Communication Plan(s) for City employees

3.2. Create domain administration accounts "ATS"

3.3. Deploy Datto RMM

3.4. Deploy Auvik

3.5. Update IT Glue with ALL documentation provided in discovery phase

3.6. Update AutoTask with contacts

3.7. Training of Helpdesk team
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 34 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

3.8. Account Manager – Customer setup in IT Glue

3.8.1. Point of contact

3.8.2. Point of contacts for emergencies

3.8.3. Point of contact for all maintenance, including monthly patching

3.8.4. Change request form for authorizations

3.8.5. Physical access keys for afterhours access

3.8.6. Accounts payables point of contact

3.8.7. Maintenance schedule for Microsoft updates

3.8.8. Maximum purchasing amount without Council approved and/or three quotes

3.8.9. New user onboarding form

3.8.10. Offboarding form for separated employees

3.8.11. Purchasing process

3.8.12. Preferred vendors for IT purchases

3.8.13. Current login process

3.8.14. Customer welcome video with Consultant contact details

3.9. Provide access to City POC the following tools:

3.9.1. Datto RMM (Remote Access)

3.9.2. IT Glue (Documentation)

3.9.3. Auvik (Network Monitoring)

3.9.4. AutoTask (Ticketing)

3.9.5. Brightgauge (Reporting)

3.9.6. SmartSheets (Project Management and Reporting

3.9.7. ScalePad (Asset Management)

3.9.8. Other tools referenced in Consultant’s Proposal

4. Go Live Phase

4.1. Create helpdesk extension at the City

4.2. Forward IT emails to [email protected]

5. Complete Detailed Assessment and Findings

5.1. Vulnerability scan and cybersecurity review

5.2. Findings

5.3. Remediation Plan

5.4. Report

6. 100 Days Findings, Commitments, and Accomplishments

6.1. Documentation of City’s IT infrastructure and services

6.2. Comprehensive document of detailed IT inventory

6.3. Recommendations to improve site-to-site network connectivity

6.4. Recommendations to implement Internet redundancy at City Hall DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 35 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

6.5. Recommendations to address internet connectivity and capacity issues

6.6. Recommendations on file storage project

7. Written report, attendance, and presentation to City Council on first 100 days findings, commitments, and accomplishments

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 36 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

EXHIBIT B

SCHEDULE OF FEES

Variations to the monthly price: 07/01/2024 – 06/30/2027

All City sites $26,500 per/month*

This pricing is based on the number of City servers, workstations, and devices listed in the Standard Rates table below. Upon execution of the contract, the price pe r device listed on the Standard Rates table shall be fixed through the contract term, except as adjusted by CPI as discussed below. However, during the di scovery phase of the Transition Period, Consultant shall verify and document the actual number of devi ces by type. Consultant shall “true up” these first two months (rate times the true up count) and adjust initial charge.

Consultant shall verify the inventory monthly. Billing based on inventory will be adjusted semi-annually (true-up).

Additional serve rs, MDM devices and/or workstations, added by City will be charged at the rates below:

Network and Security Services $225.00 per unit/month Desktop Services $50.00 per unit/month
MDM Services $20.00 per unit/month

Reimbursement for Costs: S hould Consultant agree to procure equipment, software, licensing, or supplies at the request of City, City shall reimburse Consultant. Consultant shall pass through straight cost to City without markup.

Reimbursement for these costs shall be promptly paid by the City and shall not be considered compensation earned by the Consultant and shall not be by the compensation limitation of Paragraph 3 of this Agreement.

Annual Adjustments

Pursuant to the Consultant’s proposals, a 3% annual adjustment will be app lied annually beginning July 1, 2025.

Other Mutual Adjustments/Discounts

Consultant has presented the City with discounted pricing as per the Standard Rates table below. Consultant shall honor the proportional discounting through Discovery Phase of the transition and will adjust the pricing within the first three months of the contract based upon the actual number of devices discovered.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 37 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Upon execution o f the contract, City will pay base rate of $26,500, once a true inventory is determined, Consultant shall “true up” these first two months (rate times the true up count) and adjust initial charge.

Emergency Operations Center Support

In the event of an emergency, Consultant shall immediately respond to the City’s Emergency Operation Center or remotely, a s directed by the City, to provide support to City staff. Work performed outside of business hours shall be billed at a rate of $125 per hour.

Billing by Location

Consultant and City will develop methodology to enable Consultant to segregate (bill) proportional monthly amounts by location for the following locations:

 City Hall and Corporation Yard
 Goleta Library
 Solvang Library
 Buellton Library
 Goleta Community Center
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 38 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

Standard Rates

Percentage of base and salary to be charged based on City determinatio n.

Workstations, Mobile and Cybersecurity per device based on inventory.

Unlimited Managed Services

QTY

Price

Monthly

Discount %

Discount
Amount

Price after
Discount

Base Services
Purchasing, PM, Documentation,
Support tracking, SLA, AM, Reporting,
CM, and Asset management

$4,500

0%

$0

$4,500

Desktop,
MDM, and
Server
Services
Workstations management, 24x7x365
Helpdesk. All services listed on page 23
and 24 under the section Desktop and
Server Services of the RFP document.

316

$50

$15,800

27.15%

$6,149

$16,501
Servers’ management, 24x7x365
monitoring and management by NOC
team. All services listed on page 25 and
26 under the sub section Microsoft
Server Administration and Security, of
the RFP document.

2 $225

$450
Mobile Devices (iPads/Tablets) 70 $20 $1,400
Full Time Onsite Employee. Salary,
Benefits, Consultant provided laptop. 1 $5,000 $5,000

Network
and
Security
Services
24x7x365 Monitoring & Management.

Firewalls and IDS, IPS. Switches, WAPs,
NAT, VLANs, Bandwidth monitoring,
Network QoS via Auvik. Patching,
updates, firmware upgrades, Network
diagrams, troubleshooting, maintenance.

Network optimization. VOIP connectivity
issues. VPN management.

10 $75

$750

15.05%

$974

$5,500
Cybersecurity - 24x7x365 SOC team.

Anti- virus on all servers and
workstations.

Incident management, DLP. NIST
standards implementation and
maintenance including PCI DSS.

Vulnerability and penetration scan.

Support and maintenance of Security
awareness training.

318

$18

$5,724
EOC Support: During business Hours Included. EOC After Hours Support Hourly Cost $125.00 Monthly Total $26,500

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 39 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

As-Needed additional Consulting Services Hourly Rate
Schedule

As needed consulting services for work deemed out-of-scope shall be charged to City at the rates shown below in the As -Needed Additional Consulting Services Hourly Rate Table.

Consulting Resource
Billing Rate Per
Hour
Sr. Project Manager 175
Project Manager 145
Sr Field Technician 175
Field Technician 125
Sr Server Engineer 175
Server Engineer 125
Sr Network Engineer 175
Network Engineer 155
Sr Database Administrator 175
Database Administrator 155
Sr Business Analyst 175
Business Analyst 155
Sr Trainer 175
Trainer 125
Sr Organizational Change Manager 175
Organizational Change Manager 125
Sr Contractor/Technology Subject Matter Expert 150
Contractor/Technology Subject Matter Expert 125
EOC after-hours support 125
Special Event after-hours support 125

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 40 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this contract, CU Technology, dba Acorn Technology Services (the “Consultant”) shall comply with all applicable federal laws and regulations including but not li mited to the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the local agency entering into this contract with the Consultant.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURP LUS AREA FIRMS (2
C.F.R. § 200.321)

A. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, wome n’s business enterprises, and labor surplus area firms are used when possible and will not be discrimi nated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

B. Affirmative steps shall include:

i. Placing qualified small and minority businesses and
women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business
Development Agency (MBDA) of the Department of
Commerce.

Consultant shall submit ev idence of compliance with the foregoing affirmative steps when requested by the Agency.

Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 41 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

under the emergency exception/exigency exception to competitive procurements.

2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)

A. If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rule s at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403.

Costs that are de termined unallowable pursuant to a federal audit are subject to repayment by Consultant.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336)

A. Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized re presentatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant personnel for the purpose of interview and discussion related to the books and records.

B. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVIS IONS IN ACCORDANCE WITH
APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON - FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2
C.F.R. § 200.326)
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 42 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

A. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenie nce. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in inst ances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the con tract. Otherwise, the following termination clauses shall not be applicable to the contract.

i. Termination for Convenience. The Agency may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Noti ce of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Provider for work or materials fully and adequately provided through the effective date of
termination. No amount shall be paid for u nperformed work or materials not provided, including anticipated profit.

Consultant shall provide documentation deemed adequate
by the Agency to show the work actually completed or
materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.

ii. Termination for Cause. If Consultant fails to perform pursuant to th e terms of this contract, the Agency shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the Agency may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination f or Cause”). If the termination is for cause, Consultant shall be
compensated for that portion of the work or materials
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 43 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

provided which has been fully and adequately completed
and accepted by the Agency as of the date the Agency
provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems
necessary to com plete the project and correct Consultant’s deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the Agency's c orrective action, including reasonable overhead, profit and attorneys' fees.

iii. Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant performance of the work.

iv. Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience,
Consultant shall promptly discontinue the w ork unless the Notice directs to the contrary. Consultant shall deliver to the Agency and transfer ti tle (if necessary) to all provided materials and completed work, and work in progress
including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are i n addition to any other rights and remedies provided by law or under this contract. Consultant acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages th at might arise from the Agency’s
termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materia ls not provided and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency
terminates this contract f or cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a
termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 44 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

other amounts or damages , including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or unde r this contract including, but not limited to, the right to specific performance.

B. Appendix II to Part 200 (C) – Equal Employment Opportunity:

Except as otherwise provided under 41 C.F.R. Part 60, Consultant shall comply with the following equal opportunit y clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by
Executive Order 11375 of O ctober 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:

i. Consultant will not discrimin ate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion , transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other form s of compensation; and selection for training including
apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause.

ii. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified a pplicants will receive consideration for employment without regard to their race, color, religion, sex , or national origin.

iii. Consultant will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or app licant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 45 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

of other employees or applicants as a part of such
employee's essential job functions discloses the
compensation of such other employees or applicants to
individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant‘s legal duty to furnish information.

iv. Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

v. Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

vi. Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

vii. In the event of Consultant’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No.11246 of Septe mber 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 46 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

viii. Consultant will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or Consultant. Consultant will take such action with respect to any sub contract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such p rovisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or Consultant as a result of such direction, Consultant may request the United Stat es to enter into such litigation to protect the interests of the United States.

C. Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.

D. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

i. If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contract or must be required to
compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard wo rk week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under wor king conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 47 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

ii. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such wor k to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

iii. In the event o f any violation of the clause set forth in paragraph (ii) of this section the contractor and any
subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

iv. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, fr om any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safe ty Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in parag raph (iii) of this section.

v. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the
DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 48 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

E. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:

i. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding
agreement,” the non -Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Smal l Business Firms Under Government Grants, Contracts and Cooperative
Agreements), and any implementing regulations issued by the Agency.

ii. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, devel opmental, or
research work funded in whole or in part by the Federal government. This term also includ es any assignment,
substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

iii. This requirement does n ot apply to the Public Assistance , Hazard Mitigation Grant Program, Fire Management
Assistance Grant Program, Crisis Counseling Assistance
and Training Gr ant Program, Disaster Case Management
Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as
FEMA awards under these programs do not meet the
definition of “funding agreement.”

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 49 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

F. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,0 00, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401 - 7671q) and the Fed eral Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

i. Pursuant to the Clean Air Act, ( 1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the
appropriate Environmental Protectio n Agency Regional
Office, and (3) Consultant agrees to include these
requirements in each subcontract exceeding $150,000.

ii. Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Age ncy Regional Office, and (3) Consultant
agrees to include these requirements in each subcontract exceeding $150,000.

G. Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on th e government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 50 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

i. This contract is a covere d transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defi ned at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935).

ii. Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by Agency. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies a vailable to the Agency, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.

iv. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in a ny federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or other wise prohibited from
participation in accordance with the requirements above .

Consultant further agree s to notify the Agency in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.

H. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the Agency the Federal Standard Form LLL tit led “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress , or an employee of a member of Congress in connection with obtaining any Federal contract, grant or a ny other award covered by 31 DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 51 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

I. Appendix II to Part 200 (J) – Procurement of Recovered Materials:

i. Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resour ce Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items design ated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the i tem exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

ii. In the performance of this contract, the Consultant shall make maximum use of products containing recovered
materials that are EPA -designated items unless the product cannot be acquired: Competitively within a timeframe
providing for compliance with the cont ract performance schedule; Meeting contract performance requirements; or at a reasonable price.

iii. Information about this requirement, along with the list o f EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-
guideline-cpg-program.

5. MISCELLANEOUS PROVISIONS

A. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

B. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Consultant will comply with all DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 52 City of Goleta
General Services Department and CU Technology, dba Acorn Technology Services

applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

C. Consultant acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

D. The Federal Gove rnment is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Consultant, any subcontractors or any other par ty pertaining to any matter resulting from the contract.

E. General and Administrative Expenses And Prof it For Time And Materials Contracts/Amendments.

i. General and administrative expenses shall be negotiated and must conform to the Cost Principles.

ii. Profit shall be negotiated as a separate element of the cost.

To establish a fair and reasonable profit, co nsideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surroundin g geographical area for similar work.

iii. Any agreement, amendment or change order for work
performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.

DocuSign Envelope ID: 36F67C09-3552-490D-9FB6-B21874D8D3C0 53 ATTACHMENT 2:

Powerpoint Presentation

54 Award of Agreement
for Managed IT
Services
City Council
April 16, 2024
55 Background
Synergy Computing, Inc. has provided Managed IT
Services to the City since 2004
The current Agreement with Synergy ends on June
30, 2024
Staff began work on next managed IT services
Agreemen
t in August 2023
Assisted by Government Technology Group
April 16, 2024 City Council Meeting 2
56 Procurement Process
City issued a Request for Proposals on November 3, 2023 Advertised in SB Independent, City Website, and
Planetbids
Received 15 Proposals
Evaluation Team scored all proposals
 Interviewed Top 4 Proposers and Synergy
 Two highest scorers invited to final interview and Evaluation T
eam contacted references
3April 16, 2024 City Council Meeting
57 Recommended Provider
The Evaluation Team selected CU Technology, dba
Acorn T
echnology Services as best suited to deliver on
the Scope of Services
20+ years of municipal IT experience (including
libr
aries)
Deep bench of 70+ staff (full spectrum of expertise)
Strong References
4April 16, 2024 City Council Meeting
58 Acorn Staffing
Structure
April 16, 2024 City Council Meeting 5
59 Scope of Services

1. Cybersecurity: 24/7 monitoring, vulnerability scans

2. Full-Service desktop, server, network, and mobile device support

3. Full-time onsite technician

4. 5-Year Budget and Technology Roadmap

5. Defined Service Level Agreements for problem resolution

6. Targeted training to cure organizational disconnects

7. Documentation: SOPs, equipment, license, vendor lists, change control documentation

8. First line of contact with third-party providers (Bay Alarm, Cox, phone system)
6April 16, 2024 City Council Meeting
60 First 100 Days
In the first 100 Days, Acorn will conduct a 360-degree evaluation of City
’s IT Landscape and the following deliverables:

1. Accurate Documentation: all City-owned equipment and software licenses

2. Governance and Written Policies: development of approximately one dozen policies covering network access and security and adoption of new technology and software

3. Options to improve site-to-site network connectivity

4. Options to improve internet connectivity at City Hall and the Corporation Yard

5. Recommendations for best practices in file storage: improve organizational efficiency and PRA response
7April 16, 2024 City Council Meeting
61 Terms of the Agreement
38-month base term with two, one-year extensions at
City
’s discretion
Includes two-month transition (May and June 2024)
Initial Monthly Base: $26,500
 Monthly costs to be trued up during transition based
upon verific
ation of device inventory
City currently pays $17,700/month
8April 16, 2024 City Council Meeting
62 Financial T erms
9 Time Period Estimated Cost
May-June 2024 $53,000
Fiscal Y
ear 2025 $318,000
Fiscal Year 2026 $327,540
Fiscal Year 2027 $337,366
Subtotal – Base Services $1,035,906
Change Order $100,000
Estimated 3 Year Total $1,135,906
Jurisdiction Annual Cost No. Users
Supported
Cost/User
City of Goleta $318,000 120 $2,650
City of Burling
ame $505,000 166 $3,042
City of Santa
Barbara
$3,204,566 881 $3,637
Estimated Costs Over Base Term
MSP Costs of Comparable Jurisdictions
April 16, 2024 City Council Meeting
63 Next Steps and Transition Period
Upon execution of the Agreement, Acorn will
implement the
following Transition Plan:

1. Coordination with Synergy

2. Discovery Phase: existing documentation

3. Implementation Phase: deploy vendor-specific tools,
help desk communication with staff, City point of
contact access to dashboards, documentation, and
reporting tools

4. Cut Over and Go Live: by July 1, 2024
10April 16, 2024 City Council Meeting
64 Recommendations

1. Authorize the City Manager to execute a
Professional Services Agreement with CU
Technology, dba Acorn Technology Services, for the
provision of information technology support
services, in an amount not-to-exceed the base
amount of $1,035,906, for an initial term through
June 30, 2027, with two, one-year options to extend
at the discretion of the City; and

2. Authorize the City Manager to approve change
orders, if necessary, in an amount not-to-exceed
$100,000 for special projects and enhancements
beyond the base services.
11April 16, 2024 City Council Meeting
65 April 16, 2024 City Council Meeting 12
QUESTIONS?
66