PROFESSIONAL SERVICES AGREEMENT
[Information Technology Help Desk Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _________________, 2024 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and INTRATEK COMPUTER, INC., a California corporation (“Contractor”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work.
The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work. Co ntractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provided such services to a municipal agency. All services provided shall conform t o all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Steven Scardina, Information Technology Manager (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement during th e initial term, shall not exceed THREE HUNDRED FORTY -FOUR THOUSAND FOUR HUNDRED THIRTEEN DOLLARS and 56/100 ($344,413.56) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
2.1 Term and Extension(s)
a. The Initial Term of this Agreement is one (1) year (the “Initial Term”), commencing July 1, 2024, and expiring on June 30, 2025 (the “Expiration Date”); provided, however, 2 that City has the right to extend the term of this Agreement for the following extensions and upon the following terms:
• First Extension (the “First Extension Term”) commencing July 1, 2025, and terminating June 30, 2026.
• Second Extension (the “Second Extension Term”) commencing July 1, 2026, and terminating June 30, 2027.
b. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then -current term; provided, however, that City’s notice of its intention to extend the term of this Agreement for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compe nsation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement not later than thirty (30) days prior to the Expiration Date of then -current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter.
Accordingly, if the City Co uncil fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, this Agreement shall terminate and be of no further force and effect as of the expiration of the then -current term. Notwithstandin g anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed serv ices under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Agreement. Except as specifically set forth herein, the terms and condi tions of each Extension will be the same as the Initial Agreement.
c. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement reflecting the exercise of each Extension and the amount o f compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
b. All s uch invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.
3 d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an a mendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment o f the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain a ll appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agr eement.
City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and tha t they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons . Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting . No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.
4 10. Time of Completion. Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time peri od set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.
11. Time Is of the Essence . Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applic ants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but no t be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
5 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest . Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damage s due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors. 6 18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non - owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Ag reement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing 7 the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self -insure the risk and charge Con tractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance t o either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than thirty (30) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfacto rily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records . In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the ser vices provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement.
Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
8 21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls wi thin any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified preva iling rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that Contractor:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.b.
e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contract or. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.d.
9 g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Intratek Computer, Inc. City of Orange
9950 Irvine Center Drive 300 E. Chapman Avenue
Irvine, CA 92618 Orange, CA 92866-1591
Attn.: Kim Wheeler Attn.: Steven Scardina
Telephone: (949) 334-4222 Telephone: (714) 744-2283
E-Mail: [email protected] E-Mail: [email protected]
25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Signatures on next page]
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
1 SCOPE OF SERVICES
BACKGROUND
The City:
The City of Orange is run by a Council -City Manager form of government with approximately 600 full-time employees and 175 part-time employees in the following thirteen departments: City Manager’s Office, City Attorney, City Clerk, City Treasurer, Finance, Human Resources, Information Technology, Library, Fire, Police, Public Works, Community Development, and Community Services. For Fiscal Year 2023-2024, the General Fund expenditure budget is $139.2 million. A mayor is elected every two years and six coun cil members representing districts are elected to four -year terms alternating on a two -year basis. The City Manager, who is the administrative official of the City, is appointed by the City Council. The City provides a full range of services for its citizens. These services include:
• Fire
• General administration
• Library
• Paramedic
• Planning and development
• Police
• Recreation and park
• Street improvements and lighting
• Water utility
• Refuse collection and sanitation
The City of Orange, with a population of 138,640, is situated in Central Orange County, approximately 32 miles southeast of Los Angeles. The City's land area is 27 square miles, and the City's planning area is 38 square miles, with a "Sphere of Influence" area of 55 square miles.
Included in the City's Sphere of Influence are 18,500 acres of undeveloped land owned by The Irvine Company.
City Facility Locations:
FACILITY ADDRESS
City Hall 300 E. Chapman Avenue
Community Services 230 E. Chapman Avenue
El Camino Park 400 N. Main Street
Fire Headquarters 1176 E. Chapman Ave
Fire Station # 2 2900 E. Collins Avenue
Fire Station # 3 1910 N. Shaffer Street
Fire Station # 4 210 S. Esplanade
2 FACILITY ADDRESS
Fire Station # 5 1345 W. Maple Street
Fire Station # 6 345 City Drive South
Fire Station # 7 7401 Fort Road
Fire Station # 8 5725 E. Carver Lane
Grijalva Park @ Santiago Creek 368 N. Prospect Street
Handy Park 2143 E. Oakmont Avenue
Hart Park 701 S. Glassell Street
Killefer Park 615 N. Lemon Street
Library - Main 407 E. Chapman Avenue
Library - El Modena Branch 380 S. Hewes Street
Library - Taft Branch 740 E. Taft Avenue
Olive Park 2841 N. Glassell Street
Orange Senior Center 170 S. Olive Street
Police Headquarters 1107 N. Batavia Street
Police Sub-Station 8525 E. Fort Road
Public Works Corporation Yard 637 W. Struck Ave.
Shaffer Park 1930 N. Shaffer Street
The Block at Orange Police Substation 20 City Blvd.
Water Plant 189 S. Water Street
Yorba Park 190 S. Yorba Street
Help Desk
• IT Service Desk hours are Monday - Thursday from 7:30 am to 5:30 pm and every other Friday from 7:30 am to 5:30 pm.
• Approximately 933 users within the City.
• Desktops have been standardized on Windows 11 and are a mix of both HP Elitedesk and Dell Optiplex.
• The City uses Quest KACE Systems Management Appliance (SMA) for tracking tickets, collecting hardware and software inventory, asset management, and software deployment. (Vendor is expected to use this product).
• The City uses SolarWinds Dameware for remote support of PCs. (Vendor is expected to use this product).
Infrastructure:
• 128 Servers (most running under VMware 8u2)
• 292 printers
• 870 desktops/laptops/MDC (Windows 11, Office 365)
• Environmentally controlled and secure server room that houses the vast majority of the City’s servers
• Satellite data center located in the Police Department
3 Core Business Applications:
• Enterprise financial management software suite (Tyler Eden, converting to Tyler Enterprise within the next year)
• Utility billing (Northstar CIS, converting to Tyler Enterprise within the next year) • Hosted web content provider (Granicus)
• Recreation management software (Civic Rec)
• Building permits & project tracking (Central Square – Trakit, converting to MaintStar LMS currently)
• Maintenance management software (MaintStar)
• Business license system (HDL Prime).
• Document management (Laserfiche)
• CAD/RMS for Police (Central Square, converting to Axon currently) • RMS for Fire (StreetFire)
• Library Catalog System (Sirsi)
• Streaming City meetings (Granicus)
• Geographic Information System (ESRI-ArcGIS)
• Application Tracking (NeoGov)
• Budget and Planning (OpenGov)
• Physical Security Platform (Genetec)
Telephone System:
• Mitel VoIP Phone System
• 740 Mitel phone sets (6930T, 6930W)
• 7 servers, 10 switches
• Mitel MiCollab on Desktop PCs.
IT HELP DESK SERVICES
Contractor shall perform the services based on the guidelines set forth in this Scope of Work for the City of Orange. Contractor shall perform all services in a professional and workmanlike manner, in accordance with industry standards by persons qualified by training and experience to perform such services.
IT Help Desk Services and Tier 1 support are the activities required to coordinate and respond to incidents and service requests made by City end-users and technical staff. The Help Desk shall act as the single -point-of-contact for resolution and escalation of all incidents and service requests related to all City technical requests.
Contractor’s on-site staff will work in a cohesive, hybrid environment to assist the City in meeting service level agreement (SLA) requirements detailed below. Contractor staff will provide primary Tier 1 support. City staff may perform identical duties as some of Contractor’s staff to provide supplemental support, when needed.
4 Per the City’s request, the Contractor shall provide three (3) on-site personnel to augment City IT technical support staff and perform the activities and functions delineated in the sections below.
Contractor’s on-site personnel are only responsible for documentation and updates associated with their activities.
During contract performance, Contractor and City will meet on a regular basis to discuss performance against SLA targets. If an alternate LOE is needed to meet SLAs, the parties will work together to adjust the LOE and price accordingly.
Help Desk:
• Provide Help Desk services Monday through Thursday from 7:30am to 5:30pm and every other Friday from 7:30am to 5:30pm.
• Staff Help Desk personnel resource(s), during business hours, within the Police Department.
• Facilitate the receipt and processing of valid service requests. • Diagnose the problem, and when possible, implement corrective actions to resolve the problem. If resolution is not possible, re-assign to appropriate City IT staff. • Assist with e stablishing procedures for problem management to identify and resolve chronic problems (root cause analysis).
• Take control of all workstations remotely upon request to speed service response (City uses SolarWinds Dameware).
• Accept and respond to trouble requests that relate to City issued computer/IT devices. • Perform password resets for active directory and key business applications. • Update help desk support activities in the central database that contains pertinent information on users such as name, extension location, department, and equipment tag number (City uses Quest KACE Systems Management Appliance). • Document desktop system configuration, network configuration, and inventory of software to be supported.
• Log, track, resolve, dispatch, and reroute calls through to resolution approved procedures/ticketing system.
• Apply software updates and patches as required (City uses Quest KACE Systems Management Appliance).
• Update and maintain the City -owned ticket management system ( City uses Quest KACE Systems Management Appliance).
• Properly document detailed notes on the status and resolution of issues. • Initiate the change process to apply a resolution to a problem if required. • Provide a satisfaction survey to customers when each call for service is closed. • Collect and report on performance data per SLA requirements.
5 On-Site Systems Support:
• Perform on-site systems support for all city hardware devices. • Coordinate required service delivery with City departments so that there is minimal disruption of ongoing production operations at City location. • Be primary point of contact for end -to-end management of issue s, including coordination with third party vendors.
• Diagnose and resolve software problems and conflicts. • Coordinate the resolution of printer problems with City contracted printer maintenance vendor.
• Coordinate requests for audio/visual equipment installation within City departments and conference rooms.
• Resolve network connectivity issues consisting of log-in, file access, and printing. • After resolution of problem, test for full functionality, connectivity, and access to servers and printers.
• Backup and restore user data on desktops and laptops before repairs, to the greatest extent possible.
• Conduct ongoing analysis of equipment maintenance and call history to track service trends. • Collect and report on performance data per SLA requirements.
Install, Move, Add, Change (IMAC):
• Coordinate with the user the date and time of arrival for IMAC services. • Unpack, assemble, and install; test system connectivity, functionality, and operability, and provide high-level orientation to users.
• Move and reinstall user data files in accordance with IMAC policy. • De-install old equipment if designated by City.
• Update the asset management system.
• Inform users of service activities performed.
• Disconnect a system at one location, reconnect it at another location, and test connectivity and proper operation, or move disconnected system to a specified storage area. • Re-configure moved system, for example, IP address, subnet mask, proxy settings, WINS primary and secondary server address, server name/address, and default gateway address, map standard drive configurations, load network printer drivers, and map network printers. • Test hardware and software configuration, connections to standard mapped drives, and print a test page to a local network printer, if applicable.
• At completion of IMAC, provide brief overview/training on new or modified hardware and software.
• Conduct asset validation, consisting of user profile updates, device asset tag check, and model and serial number check.
• Maintain process for disposal of equipment and/or return of leased equipment.
6 • Coordinate with other IT technical support groups (Applications, Server, Network) for IMAC activities.
• Confirm that user data is backed up before proceeding with IMAC, to the greatest extent possible.
• Ensure device is fully operation for user.
• Collect and report on performance data per SLA requirements.
Asset Management Services:
• Update and maintain the City’s asset tracking system (City uses Quest KACE Systems Management Appliance).
• Maintain the inventory database with descriptions, characteristics, logistics, and warranty information for all City-owned hardware.
• Track and maintain the inventory of all hardware and software licensing including any additions or deletions that occur. Tag hardware assets. • Assist the City with regular audits and reconciliation s to maintain accuracy of the central asset repository.
• Maintain management responsibility for loaner units and spare equipment used as a temporary replacement while corrective maintenance service is performed. • Install or replace desktops and laptops according to the City’s approved replacement/refresh schedule.
• Process equipment shipping and delivery requirements, relocation and disposal of retired equipment, and or return of leased equipment.
• Retain a copy of all equipment and maintenance contracts and equipment orders (invoicing, payment statuses and requisitions) when assisting with the procurement of hardware and software assets as required by City.
• Assist City with bids for hardware procurement to request a cost quote from the suppliers that best meet the defined requirements.
• Provide quarterly inventory reports to the City.
• Collect and report on performance data per SLA requirements.
Telephone Network, VoIP Services:
• Respond to alerts by conducting initial trouble shooting and working with Third Party vendors such as Packet Fusion.
• Perform handset Install/Move/Add/Change (IMAC) to support day-to-day operations. • Perform Voicemail password resets.
Service Level Requirements:
Contractor shall perform services based on the guidelines set forth in the following Service Level Agreements (SLAs). Each SLA identifies key performance measures that shall be used to evaluate
7 Contractor’s delivery of services during business hours. SLA credits will not apply during the first 90 days of contract performance.
HELP DESK
Objective
By utilizing knowledge databases and best practices in the areas of reporting, logging, tracking, resolving and reporting of IT problems and Work Requests, the Help Desk will continually incorporate lessons learned, best practices, and technical solutions to improve service delivery and technical performance.
Priorities
Critical: A problem that affects the entire City or entire department.
Response Time: Within 1 business hour
Completion Time: Within 4 business hours
High: A problem with no known workaround that affects a single user.
Response Time: Within 2 business hours
Completion Time: Within 1 business day
Medium: A general service request or problem with a workaround solution.
Response Time: Within 8 business hours
Completion Time: Within 2 business days
Low: A service request that does not require immediate attention or involves planning/coordination.
Response Time: Within 3 business days
Completion Time: Within 5 business days
Call Waiting The length of time for a caller to reach a live human voice.
Hours of Availability 7:30 am to 5: 30 pm, Monday - Thursday and e very other Friday from 7:30 am to 5:30 pm.
Measurement Period Monthly
Target 90% within 90 seconds
SLA Credit $0
Time to Resolve Total elapsed time from opening a Help Desk call to completion (resolution). Applies only to Tier 1 calls.
Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 am to 5:30 pm.
Measurement Period Monthly
Target
Critical - 95% completed within 4 business hours
High - 90% completed within 1 business day
Medium - 85% completed within 2 business days.
Low - 85% completed within 5 business days.
SLA Credit $500
Password Resets Length of time between password reset request and completion.
Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 am to 5:30 pm.
Measurement Period Monthly
Target 95% within 30 minutes
SLA Credit $500
8 Satisfaction Survey Measure the level of customer satisfaction with Help Desk services.
Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 to 5:30.
Measurement Period Survey provided for every closed call. Measured monthly.
Target
Will only be measured when survey response(s) exceed 30 responses of total closed calls for tier 1 tickets. Survey will rate satisfaction level from 1 (Very Unsatisfied) to 5 (Very Satisfied). Total of all survey scores/number of surveys counted. Average score must be greater than 4.
SLA Credit $500
ASSET MANAGEMENT
Objective
Monitor, track, and update the City’s technology asset inventory, including software licenses, to ensure an accurate and well -maintained inventory. Provide reports including software license compliance, application and infrastructure inventories and all other technology assets.
Asset Inventory
The availability of current data concerning hardware assets and software licenses.
The City’s technology asset database will be updated and maintained 365 days per year.
Hours of Availability N/A
Measurement Period Quarterly
Target 100% of the City’s technology assets are recorded and maintained.
SLA Credit $0
Reconciliation
Quarterly the City will conduct a physical audit of selected technology assets and match that data against the technology asset management database. Inconsistencies will be evaluated, and a negotiated reconciliation will be conducted, and changes made to data as appropriate.
Hours of Availability N/A
Measurement Period Quarterly
Target 100% accuracy of selected audit sample
SLA Credit $0
IMACs
Objective
Desktop support staff are expected to resolve City generated trouble calls in a professional and efficient manner. They will setup and configure new PCs, maintain current version levels of desktop software, install, upgrade or troubleshoot software, conduct hardware and software inventories, do minor hardware installations and modifications on existin g PCs, and other related tasks as may be requested or required.
New Device Install
Time elapsed between the receipt of a single new device and the completion of the order. Includes initial hook up, diagnostic testing, delivery, staging and configuration.
9 Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 am to 5:30 pm.
Measurement Period Monthly
Target
95% within 3 business days, up to eight (8) per month (Exception: For equipment refreshment devices, the Equipment Refreshment SLA will take precedence .
Equipment Refreshment SLA applies when the number of new device installs exceed eight (8) per month).
SLA Credit $500
Move Existing Device Time elapsed between the receipt of the request and the relocation of the device.
Includes disconnection, moving, re-hook up, and diagnostic testing.
Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 am to 5:30 pm.
Measurement Period Monthly
Target 95% within 5 business days, when number of moved devices is eight (8) or less during the reporting period.
SLA Credit $500
Alter Existing Device Time to apply changes to existing device from time of request to completion of service.
Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 am to 5:30 pm.
Measurement Period Monthly
Target 95% within 3 business days, when number of altered devices is eight (8) or less during the reporting period.
SLA Credit $500
Remove Existing Device
Time to physically remove device from time of request to completion of service.
Includes unhooking, decommissioning device, destroying images, and submitting to surplus.
Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 am to 5:30 pm.
Measurement Period Monthly
Target 95% within 10 business days, when number of removed devices is eight (8) or less during the reporting period.
SLA Credit $500
Equipment Refreshment
The deployment of new technology equipment throughout City facilities. On a periodic basis, the City purchases technology devices as part of an equipment refresh process. These purchases vary in number and type based on urgency and budget.
Hours of Availability 7:30 am to 5:30 pm, Monday - Thursday and every other Friday from 7:30 am to 5:30 pm.
Measurement Period As determined by City’s deployment schedule.
10 Target
4 devices per day minimum average per desktop technician. If the desktop technician is assigned only to equipment refreshes, the target will be six (6) devices per day minimum average in those days that they are so assigned.
SLA Credit $0
9950 IRVINE CENTER DRIVE, IRVINE, CA 92618
PHONE 949.334.4200 OR 800.892.8282 ǀ FAX 949.334.4255
WWW.INTRAPC.COM
April 8, 2024
Mr. Steven Scardina
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
SUBJECT: AGR-6828.5 for IT Help Desk Services
Dear Mr. Scardina,
Intratek Computer, Inc. (Intratek) is pleased to submit our cost proposal for year six (6) of the subject contract. We propose to continue a firm fixed price model based on level of effort, as shown in the table below.
Contract Year 6
07/01/2024 – 06/30/2025
Annual $344,413.56
Monthly $28,701.13
The prices above include an eight percent (8%) increase to better align with current local fair market rates. The actual annual cost of living increases for the past few years have exceeded our original standard three percent (3%) annual escalation.
LOE remains unchanged and Intratek will continue to provide the following:
• Two (2) Senior Desktop Technicians
• One (1) Senior Help Desk Technician
Should you have any questions or require clarification of any portion of this proposal revision, please don’t hesitate to contact Jeffrey Hunter at (949) 334-4200 or via email at [email protected]. If desired, our team is available to meet with you in-person to further discuss this revision.
Sincerely,
Paul Ramezani
CEO
DocuSign Envelope ID: F7397156-A84D-4FC9-8317-38D0373C925D