HomeMy WebLinkAbout04 AWARD CONTRACT FOR NETWORK UPGRADEMEETING DATE: JULY 2,2013
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: PAMELA ARENDS-KING, FINANCE DIRECTOR/INTERIM CITY
TREASURER
SUBJECT: APPROVE AGREEMENT FOR INFORMATION TECHNOLOGY
SERVICES NETWORK INFRASTRUCTURE UPGRADE AND NETWORK
MAINTENANCE
SUMMARY:
City Council approved funding for fiscal year 2013-2014 to upgrade the City's computer
network infrastructure which includes upgrading and or migrating the computer network
infrastructure to improve speed, efficiency, redundancy, security, and support a new
Voice Over Internet Protocol system (VOIP) phone solution.
RECOMMENDATION:
It is recommended that City Council approve the agreement between the City and
Govplace to complete the network infrastructure upgrade and provide network
maintenance for a period of one year.
FISCAL IMPACT:
Sufficient funds ($950,000) had been appropriated in the Equipment Replacement Fund
(Fund 184) for the network infrastructure upgrade in fiscal year 2012-2013 for the City's
computer network infrastructure upgrade, which included the completed cabling project,
network infrastructure upgrade, and VOIP. Appropriated funds of $800,000 were rolled
over to fiscal year 2013-2014 to complete the network infrastructure upgrade and VOIP.
Govplace's professional service to upgrade the network infrastructure is not to exceed
$45,000.
Fiscal year 20132014 appropriated for contract professional services in the Information
Technology Fund (Fund 185) are sufficient for Govplace's services that are not to exceed
$49,500 for ongoing maintenance and monitoring the network for a period of one year.
BACKGROUND:
The City's current network infrastructure consists of equipment that has served its
useful life and is in a configuration that is no longer relevant or capable of supporting the
changes in technology over the past ten years. The cabling infrastructure did not
provide the necessary bandwidth to accommodate or meet the current usage and
Approve Agreement For Information Technology Services Network Infrastructure Upgrade and Network Maintenance
July 2, 2013 page 2 of 2
reliance of newer and future technological needs. In the fiscal year 2012-2013 budget
funds were appropriated to upgrade the City's computer network infrastructure.
Staff has recommended that the computer network infrastructure upgrade be separated
into three phases, 1) Cabling project: 2) Network infrastructure upgrade; and 3) VOIP
implementation. The anticipated completion of the project is October 2013.
The first phase, cabling project has been completed and the second phase, network
infrastructure upgrade will start shortly after the approval of the agreement between the
City and Govplace. The network infrastructure upgrade project will include the design
and implementation of a network that will support a new VOIP phone solution;
implement a solution that will provide a streamlined disaster recovery and business
continuity plan; simplify and centralize administration; and provide Information
Technology service and response time. Govplace will provide one year of network
maintenance to enhance our core competency and is cost efficient as IT is an ever
expanding field as new technological breakthroughs and standards are developed
which makes it nearly impossible for any one person or group to have the expertise
necessary to support every facet of IT.
The City issued a Request for Proposal (RFP) on April 3, 2013 for the network
infrastructure upgrade. Eight Information Technology (IT) firms attended the mandatory
meeting held in the Council Chambers specified in the RFP on April 16, 2013 and of
those eight firms six submitted a response to the RFP on May 15, 2013. Of the six firms
that submitted an RFP, three firms were interviewed on May 10, 2013, by a committee
of seven city employees from both the Finance Department and the Police Department
and the Director of Information Technology from the City of Mission Viejo. The three
firms chosen to be interviewed were based on the RFP's responses that best met the
selection criteria listed on page 5 of the attached RFP; the other three firms did not
satisfy the RFP requirements.
The three firms interviewed were Govplace, Xerox, and Presidio. The committee
determined that Govplace best met the City's needs based on its responses to the RFP;
the firm's experience with public sector agencies especially in the area of public safety;
responses to interview questions; positive reference checks and pricing that was
comparable to the five other firms that submitted an RFP and attended the mandatory
meeting on April 16, 2013.
Pamela Arends-King
Finance Director/interim City Treasurer
Attachments: AGREEMENT FOR PROFESSIONAL SERVICES
Information Technology Services — Network Infrastructure Upgrade
Project
Request for Proposal-City Wide Network Infrastructure Upgrade
AGREEMENT FOR PROFESSIONAL SERVICES
Information Technology Services — Network Infrastructure Upgrade Project
This Professional Services Agreement for Information Technology Services for
the Network Infrastructure Upgrade Project (this "Agreement") is entered into as of 1
2013 (hereinafter referred to as "Effective Date"), by and between the City of Tustin, a
government entity organized under the laws of the State of California ("Customer"), and
Govplace ("Vendor"). Vendor and Customer are sometimes hereinafter individually
referred to as "party" and/or collectively as the "parties."
1. ' Scope of Services. Vendor agrees to perform all services necessary to
complete in a manner satisfactory to Customer those tasks set forth in the Scope of
Services, and further described as Phase 1 (Network Infrastructure Upgrade) and
Phase 2 (Ongoing Maintenance/Monitoring), attached hereto as Exhibit "A" (hereafter,
the "Services"). Incidental work related to the Scope of Services and not provided for in
Exhibit "A" may be needed during the performance of this Agreement. In the event
Customer requests any changes to the Services to be provided hereunder, including the
scope and price therefore or the terms thereof, such changes will be subject to written
agreement by the parties in accordance with Section 18. Customer agrees to perform
any obligations of Customer set out herein. Each party agrees its actions under this
Agreement shall comply with all applicable federal, state and local laws, ordinances,
rules, regulations, court orders, and applicable governmental agency orders.
2. Term of Ag-reement/Addendum(s). Unless earlier terminated in accordance
with Section 6, this Agreement shall continue in full force and effect until the satisfactory
completion of the Services. Absent earlier termination, Vendor shall complete the
Phase 1 Network Infrastructure Upgrade within six months of the Effective Date, unless
extended in writing by mutual agreement of the parties. Upon acceptance of the Phase
1 work by Customer, Phase 2 Ongoing Maintenance /Monitoring would commence for
an initial term of twelve (12) months("Initial Term"). The Customer may exercise an
option to extend the Agreement on the same terms and conditions set forth in this
Agreement, by providing written notice to Vendor in accordance with Section 13 of the
Customer's intention to renew the Agreement at least 10 (ten) days prior to expiration of
the Initial Term. The term of each Addendum shall commence upon execution thereof
and continue for the term set out therein, unless such term is earlier terminated as
provided for in Section 6.
3. ' Compensation. For Services performed pursuant to this Agreement, and as
set forth in the Scope of Services, attached hereto as Exhibit "A", Customer shall
compensate Vendor at the fixed rates stated in Exhibit "B". Total compensation for
Phase 1 Network Infrastructure Upgrade services shall not exceed $45,000.00 (Forty
Five Thousand Dollars and No Cents) and all Phase 2 maintenance, service and
monitoring shall be provided by Vendor for the first year at the additional fixed cost of
$49,500.00 (Forty Nine Thousand Dollars and No Cents), payable in twelve (12)
monthly installments commencing on the thirtieth day after the City's acceptance of
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Phase 1. If the option to extend the contract is extended beyond the first year of Phase
2 maintenance, service and monitoring, then ongoing maintenance, service and
monitoring after the first year shall be provided at the fixed rate set forth in Exhibit "B".
4. * Payments Terms. Vendor will invoice Customer monthly. Customer will pay
Vendor any undisputed charges within thirty (30) days. Any disputed items will be
brought to Vendor's attention promptly and the parties will confer in good faith to resolve
the matter.
5. Taxes and Penalties. The fees for the Services provided under this
Agreement include all local, state and federal sales, excise, personal property or other
similar taxes or duties, as well as any interest or penalties for late payment thereof.
Penalties or assessments for failure to pay all prevailing wages at the times and in the
amounts due shall be the sole obligation of the Vendor.
6. Termination. Customer reserves the right to terminate this Agreement at any
time, with or without cause, upon ten (10) days written notice to Vendor, except that
where termination is due to the fault of Vendor, or where the services constitute a
danger to health, safety or general welfare of City employees or the public, the period of
such notice shall be such shorter time as may be appropriate. Upon receipt of the notice
of termination, Vendor shall immediately cease all services under this Agreement,
unless the notice provides otherwise. Vendor shall be entitled to compensation for all
services rendered prior to the receipt of the notice of termination and for any additional
services specified in the notice of termination. In addition, Vendor reserves the right to
terminate this Agreement at any time, with or without cause, upon sixty (60) days written
notice to Customer, except where termination is due to material default by Customer,
the period of notice may be such shorter time as is appropriate.
7. Indemnification.
(a) Indemnification. Vendor shall defend, indemnify and hold harmless
Customer, its officers and employees, from and against any and all
actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death
of person or persons, for damage to property, including property owned by
Customer and Customer's officers, managers, employees and agents,
arising from or related to the acts, errors and omissions of Vendor, its
officers, employees and agents, or arising out of or related to Vendor's
performance under this Agreement, except for such loss as may be
caused by Customers sole negligence or that of its officers or employees.
Vendor shall also defend, indemnify and hold the Customer harmless from
any claims or liability for Customer health and welfare, retirement benefits,
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or any other benefits of part-time or fulltime Customer employment sought
by Vendor's officers, employees, or independent contractors, whether
legal action, administrative proceeding or pursuant to State or Federal
statute or regulation.
b) Patent and Copyright Infringement. To the fullest extent permissible
under law, Vendor shall defend at its expense any claim or suit against
Customer on account of any allegation that any item furnished under this
Agreement, or the normal use or sale thereof arising out of the
performance of this Agreement, infringes upon any presently existing U.S.
or pending letters, patent or copyright and Vendor shall pay all costs and
damages finally awarded in any such suit or claim. Customer shall
promptly notify Vendor in writing of the suit or claim and shall provide
reasonable information and assistance at Vendor's expense for the
defense of same. However, Vendor will not be obligated to indemnify
Customer if the suit or claim results from Customer's alteration of a
deliverable, such that Customer's alteration of such deliverable created
the infringement upon any presently existing U.S. letters patent or
copyright.
If the use or sale of an item is enjoined as a result of the suit or claim,
Vendor, at no expense to Customer, shall obtain for Customer the right to
use and sell the item, or shall substitute an equivalent or superior item
acceptable to Customer and extend this patent and copyright indemnity
thereto.
8. Ownership. Except as may be otherwise agreed by the parties pursuant to
Section 20 with respect to any software or other work product identified therein,
Customer shall own all rights in and to all software and other work product (collectively,
"Work Product") developed by Vendor for Customer, including all intellectual property
and proprietary rights thereto. To the extent any Work Product is not considered a "work
for hire," Vendor agrees to assign and will assign and transfer, and will cause its
Personnel to so assign and transfer, to Customer all of its and their rights in and to such
Work Product. To the extent applicable, Customer hereby grants to Vendor a royalty
free license to use the Work Product in performing the Services during the term of this
Agreement.
9. Confidentiality. Each party shall hold in confidence the other party's
confidential and proprietary information ("Confidential Information") using the same
standard of care each party exercises in protecting its own Confidential Information.
Confidential Information of a party shall include, by way of example, all City Police
Department, personnel and other City data and files, whether marked confidential or
not, and any trade secret or confidential information, procedures, production methods
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and other methods of operation, products (including software), and business practices,
plans and strategies. No party will permit or authorize access to, disclosure of or use of
the other party's Confidential Information to any person or entity other than its officers,
employees, contractors and professional advisors who have a need to know such
information consistent with the rights and obligations of the recipient party with respect
thereto and who are under an appropriate burden of confidentiality with respect to such
information. Each party shall promptly notify the other in writing of the existence of any
unauthorized access, knowledge, possession or use of the other party's Confidential
Information. The obligations of this Section shall not (i) restrict any disclosure to
government regulatory authorities to the extent required for compliance with applicable
laws and subject to such protective measures as may be available to preserve the
confidentiality of such information following disclosure, nor (ii) restrict any disclosure
required by law, such as in response to a request under the California Public Records
Act or a subpoena, nor (iii) apply to information that (a) is generally known to the public
or readily ascertainable from public sources; (b) is independently developed by the
recipient without further reliance on Confidential Information of the other party; or (c) is
obtained from an independent third party that created or acquired such information
without reliance on other Confidential Information of the other party and free of any
obligation to the other party. The parties' non-disclosure obligations and use restrictions
hereunder shall continue indefinitely beyond the termination or expiration of this
Agreement, unless a different period of confidentiality is specified in writing by the
disclosing party.
10. Independent Contractor. Vendor shall perform all work and services
required herein as an independent contractor of, and shall remain at all times as to the
Customer a wholly independent contractor with only such obligations as are consistent
with that role. Nothing herein shall be construed to create a partnership, joint venture, or
agency relationship between the parties hereto. At all times, the employees of Vendor
("Personnel") shall be deemed employees of Vendor and not of Customer, and Vendor
shall be solely responsible for paying all employment taxes, unemployment insurance,
disability and other taxes and fringe benefits, as applicable thereto.
11. Personnel.
(a) Assignment. Vendor shall be solely responsible for assigning its
Personnel to perform the Services under this Agreement. If Customer has
any legal objections to any of the Personnel assigned hereunder during
their performance of Services for Customer, Customer may give Vendor
written notice of any such objections and, within five (5) days of receipt
thereof by Vendor, the parties will confer regarding Customer's concerns.
If the matter cannot be resolved to Customer's reasonable satisfaction,
Vendor will remove the identified Personnel and assign new, qualified
Personnel as soon as practicable to replace the identified Personnel. All
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Vendor Personnel will be required to pass a background check before
they can perform any duties for the Customer under this Agreement.
(b) Similar Services. Customer acknowledges and agrees that the
Personnel may perform similar services to other clients from time to time,
and that, subject to Section 9, this Agreement shall not prevent Vendor or
the Personnel from providing similar services to other clients, provided
such services do not impair Vendor's delivery of services hereunder.
12. Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Vendor, its principals and employees, were a
substantial inducement for Customer to enter into this Agreement. Therefore, Vendor
shall not contract with any other entity to perform, in whole or in part, the services
required hereunder without the express written approval of the Customer. In addition,
neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without prior written approval of the Customer.
13. Notices. All notices and other communications required or permitted to be
given under this Agreement shall be in writing and shall be considered effective when
deposited in the U.S. mail, postage prepaid, and addressed to the appropriate party at
the address noted below. Either party may change its addresses by notifying the other
party of the change of address in writing.
Address: Govplace
15707 Rockfield Blvd #305
Irvine, CA 92618
Attention: Jeff Smith, Account Executive
Email: jsmith@govplace.com
Phone: 888-308-8802 ext. 1114
City of Tustin
Address: 300 Centennial Way,
Tustin, CA 92780
Attention: Pamela Arends-King
Email: parends-king@tustinca.org
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Phone: 714-573-3061
Fax: 714-832-0825
14. California Law. This Agreement shall be construed and interpreted both as
to the validity and as to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute claim, or matter arising out of
or in relation to this Agreement shall be instituted in the Superior Court of the County of
Orange, State of California, or any other appropriate court in such county, and Vendor
agrees to submit to the personal jurisdiction of such court in the event of such an action.
15. Waiver; Survivability. Neither party shall, by lapse of time, without giving
notice or taking other action hereunder, be deemed to have waived any breach by the
other party of any of the provisions of this Agreement. Further, any waiver by either
party of a particular breach of this Agreement shall not be construed as a continuing
waiver of such breach or of other breaches of this Agreement. No consent or approval
of Customer shall be deemed to waive or render unnecessary Customer's consent to or
approval of any subsequent act of Vendor. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement. Any provision of this Agreement intended to
survive the termination or expiration of this Agreement shall so survive termination or
expiration.
16. Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
17. Legal Action., In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, a declaratory judgment or any other remedy consistent with the
purposes of this Agreement.
18. Integration; Modification. This Agreement constitutes the entire Agreement
between the parties with respect to the subject matter hereof, supersedes all prior or
contemporaneous agreements or communications (oral or written), and may not be
modified except by an agreement in writing dated subsequent to the Effective Date and
signed on behalf of both parties by their respective authorized representatives.
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19. Force Majeure. Neither party shall be liable under this Agreement for any
loss or damage to the other party due to delay in delivery or other performance failures
resulting from any cause beyond the first party's reasonable control. Such causes shall
include compliance with court orders, civil or military authority, acts of God, acts of the
public enemy, acts or omissions of the other party which resulted in the delay, electrical
power surges or current fluctuations, lightning strike, fires, floods, strikes, lockouts,
embargoes, wars, acts of terrorism, fuel shortages, riots, insurrections, default or delay
of suppliers, delays in transportation and loss or damage of goods in transit. The
delayed or non - performing party's time for performance shall be extended by the
period of any delay resulting from any such cause beyond the party's control.
Notwithstanding the above, both parties shall use their commercially reasonably efforts
to minimize the adverse consequences of any such condition.
20. Severability; Counterparts. If any part, term or provision of this Agreement
shall be held unenforceable, invalid or in conflict with any law of any governmental
authority having jurisdiction over this Agreement, the validity of the remaining portions
or provisions hereof shall not be affected thereby shall continue in full force and effect.
This Agreement may be executed in any number of counterparts, all of which taken
together shall constitute one single agreement between the parties.
21. Insurance. Contractor shall maintain at all times during the Term of this
Agreement, as the same may be extended from time to time, insurance as follows:
21.1. ' General Liability. (including premises and operations, contractual
liability, personal injury, independent contractors liability): Vendor shall at all times
during the term of this Agreement carry, maintain, and keep in full force and effect, a
policy or policies of comprehensive General liability insurance, with limits of not less
than One Million Dollars ($1,000,000.00) for each occurrence and in the aggregate,
combined single limit If such insurance contains a general aggregate limit, either the
general aggregate shall apply separately to this project, or the general aggregate limit
shall be three times the occurrence limit.
21.2. Automobile Liability. (including owned, non-owned, and hired
autos): Vendor shall at all times during the Term of this Agreement also carry, maintain,
and keep in full force and effect a policy or policies of commercial automobile liability
insurance with a combined single limit of One Million Dollars ($1,000,000.00), single
limit, per occurrence for bodily injury and property damage, which will cover the drivers
and automobiles used to perform Services pursuant to this Agreement. Such insurance
shall include coverage for owned, non-owned, and hired automobiles.
21.3. Workers Compensation. Vendor shall, to the extent required by
state law, provide Workers' Compensation Insurance, including employer's liability
coverage, for the protection of Vendor's employees, with a minimum limit of One Million
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Dollars ($1,000,000) or the amount required by law, whichever is greater. Vendor shall
file a certificate of insurance which evidences that Vendor is in compliance with said
Workers' Compensation Insurance requirement.
21.4. Professional Liability or Errors & Omissions Insurance. Vendor
shall at all times during the term of this Agreement carry, maintain, and keep in full force
and effect, a policy or policies of Professional liability or Errors and Omissions
Insurance as appropriate written on a policy form coverage specifically designed to
protect against acts, errors or omissions of Vendor and "Covered Professional Services"
as designated in the policy must specifically include work performed under this
Agreement. The policy limit shall be no less than $2,000,000 per claim and in the
aggregate. The policy must "pay on behalf of"the insureds. The policy retroactive date
shall be on or before the effective date of this Agreement, and renewals thereof shall
contain a retroactive date on or before the Effective Date.
21.5. Vendor agrees that if it does not keep the aforesaid insurance in full
force and effect Customer may either immediately terminate this Agreement for default
by Vendor or, at Customer's option, Customer may take out the necessary insurance
and pay, at Vendor's expense, the premium thereon. An election not to acquire
insurance hereunder shall not in any way reduce or affect Vendor's obligation to
indemnify Customer hereunder.
21.6. The general liability policy shall be endorsed to state that "The City
of Tustin, its officers, officials, employees, agents, representatives and volunteers
(collectively hereinafter "City and City Personnel") shall be covered as additional
insureds with respect to the work or operations performed by or on behalf of [Vendor]
including materials, parts or equipment furnished in connection with such work." The
automobile liability policy shall be endorsed to state that City and City Personnel shall
be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any automobile owned, leased, hired or
borrowed by Vendor or for which Vendor is responsible.
21.7. The insurance provided by Vendor shall be primary to any
coverage available to Customer and shall provide that any insurance or self-insurance
maintained by City or City Personnel shall be in excess of Vendor's insurance and shall
not contribute with it.
21.8. The insurance provided by Vendor shall be endorsed to state that
the insurer shall waive all rights of subrogation against City and City Personnel.
21.9. The policy or policies required herein shall be issued by an insurer
admitted in the State of California with a rating of at least B+, VII in the latest edition of
A.M. Best's insurance guide.
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21.10. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates shall also specifically state that the coverage contained in those policies
affords insurance in compliance with the terms and conditions as set forth in this
Agreement.
21.11. ' Deductibles. Any deductibles or self-insured retentions must be
declared to and approved by Customer prior to the execution of this Agreement by
Customer. At the option of Customer, the insurer shall reduce or eliminate the
deductibles or self-insured retentions as respects Customer.
21.12. ' Notice of Policy Changes. Each such insurance policy shall be
endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in
coverage or in limits, non-renewed, or materially changed for any reason, without thirty
(30) days prior written notice thereof given by the insurer to Customer by U.S. mail,
certified, or by personal delivery. In addition to such notice provided to Customer by the
insurer, Vendor shall also provide Customer with thirty (30) days prior written notice, by
certified mail return receipt requested, of the suspension, voiding, cancellation,
reduction in coverage or in limits, non-renewal, or material change for any reason, of
any such insurance policy or policies.
21.13. Evidence of Coverage. Prior to commencement of work, and at
all times during the term of this Agreement, Vendor shall maintain on file with the City
Clerk a certificate or certificates of insurance on the form set forth in Exhibit "C",
attached hereto and incorporated herein by this reference, showing that the aforesaid
policies are in effect in the required amounts, the additional insureds are named therein,
and the policies cannot be canceled, reduced or otherwise modified except on thirty (30)
days written notice by the insurance carrier to the Customer. The duplicate originals
and original endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates shall also
specifically state that the coverage contained in those policies affords insurance in
compliance with the terms and conditions as set forth in this Agreement. The procuring
of such insurance or the delivery of duplicate originals and endorsements evidencing
the same shall not be construed as a limitation on Vendor's obligation to indemnify City
and City Personnel.
21.14. Nothing contained herein shall be construed as limiting in any way
Vendor's obligations of indemnification under Section 7 or any other extent to which
Vendor may be held responsible for payment of damages to persons or property
resulting from its operations, including operations and work performed or materials
supplied by or on behalf of Vendor, any subcontractors or by anyone directly or
indirectly employed by any of them.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed by their authorized representatives effective as of the Effective Date set forth
above.
City of Tustin
By:
Name:
Title:
Date:
Vendor
By:
Name:
Title:
Date:
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EXHIBIT A — Scope of Services
AGREEMENT FOR PROFESSIONAL SERVICES
Information Technology Services — Network Infrastructure Upgrade Project
Section 4.0 "Scope & Purpose of the RFP" of the City of Tustin's Request for Proposals
for "City Wide Network Infrastructure Upgrade" dated April 3, 2013, is incorporated
herein by reference.
I. PROJECT MANAGEMENT APPROACH
a. Initiation. Initiating outlines the processes that will get the project started.
The initiation segment of this project will take the form of the project kickoff meeting
that will occur within 5 days following contract award. This phase will allow City of
Tustin and Govplace to establish success criteria and reach an agreement on the
project's envisioned end-state. The early elements of the project planning phase are
also engaged during the kickoff. Initiation and planning comprise the preparatory
stages of the project management methodology that serve to reduce risk and ensure
alignment between the goals and objectives of the Govplace Project Team and City
of Tustin.
b. Planning. The planning phase is another critical component in the project
lifecycle. Leveraging the Govplace planning framework to structure, organize and
manage a project saves time, reduces risk and provides consistent delivery results.
Careful planning will eliminate countless hours of confusion and rework during the
execution and control phases of the project. During project planning Govplace
outlines project activities that will be performed, and describes how these activities
will be accomplished and managed. Project planning provides the framework in
which assumptions are validated, constraints are identified, alternatives are reviewed,
and success metrics around each major task are confirmed. During the planning
phase, project scope, time estimates and resource requirements are verified. The
planning phase also finalizes the structure for management review and control.
c. Execution. During the execution phase, project deliverables are
produced and objectives are met. This phase entails the completion of the work
activities, the expenditure of resources, and the application of the quality assurance
processes to ensure that the results meet City of Tustin requirements. During
execution, Govplace will provide weekly status reports outlining progress relative to
timeline and objectives. These reports will include updates on all activities,
identification of problems encountered with recommended solutions, anticipated
activities for the next reporting period, and an updated list of the milestones
scheduled. This phase requires the Project Manager and project team to:
• Conduct, coordinate and manage the ongoing work activities
• Perform continuous Quality Assurance to ensure project objectives are
being achieved
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• Monitor identified risks for trigger events and implement mitigation
strategies
• Manage change
d. Monitoring and Controlling. Project control involves the regular review
of metrics and report status to identify variances from the planned baseline. The
variances are determined by comparing the actual performance metrics from the
execution phase against the baseline metrics assigned during the planning phase. If
significant variances are observed, adjustments to the plan are made by repeating
and adjusting the appropriate project planning processes. A significant variance from
the plan does not explicitly require a change, but should be reviewed to determine
whether preventive action is warranted. Controlling also includes taking preventive
action in anticipation of possible problems. As discussed in the planning phase
section, the project plan will include the initially agreed upon baseline project
schedule and budget. These become the primary tools for evaluating project
performance.
e. Project Close Out. The last major phase of a project's life cycle is the
project closeout phase. Project closeout is performed after all defined project
objectives have been met and City of Tustin has formally accepted the project's
deliverables and end product. Some of the key elements to project closeout are:
• Formalizing customer acceptance
• Closeout of any financial matters
• Preparation of the project's completion report
• Conducting a project review
• Documenting lessons learned
• Handoff to Govplace System Operations Team
11. PHASE 1: NETWORK UPGRADE SERVICES
a. Project Intro - Set roles/expectations
i. Meet/greet/discuss project
1. Determine team and responsibilities
ii. Review of ALL hardware infrastructure and bill of materials and
make recommendations based on industry best practices
1. Review in detail all devices purchased by City for purposes
of Network Refresh project
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2. Network switches, wireless controllers, access points
3. Fiber transceivers, cables, cable dressing materials
4. Manufacturer support contract details for purchased
equipment
iii. Wireless network detail
1. Roaming requirements
2. Internal/public access
3. SSIDs broadcast and expected authentication requirements
(passwords)
4. Test methodology of wireless after a cutover or migration
iv. Other critical details
1. IP addressing
2. DHCP, static, etc
3. Device naming scheme
v. Discuss overall process
1. Replace legacy routers, switches (retaining same basic
configs with updated STP design)
2. Retain same VLAN structure but build-in new VLANs
3. Replace legacy wireless infrastructure (using new VLANs, if
necessary)
4. Install/configure infrastructure monitoring software/system
5. Migrate locations, servers, other devices into new VLAN
infrastructure, if necessary new DHCP scopes? additional
VLANs?
6. Discuss and determine location to test all equipment (staging
area)
vi. Inspect Site 1 - City Hall
vii. Inspect Site 2 — PD
viii. Setup remote access for after-hours data gathering and monitoring
ix. Start gathering of configuration data from networking equipment
b. Site inspections (Sites 3 through 8)
i. Inspect remaining sites
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1. Site 3 - Field Services
2. Site 4 - Tustin Area Senior Center
3. Site 5 - Columbus Tustin Activity Center
4. Site 6 - Tustin Family & Youth Center
5. Site 7 - Tustin Sports Park
6. Site 8 - Tustin Metro-Link Station
ii. Complete collection of configuration information
1. Including wiring maps to switches (if available)
2. Note any existing ACLs
3. IP addressing schemes (VLANs) and distribution
methodology (DHCP)
iii. Start new network design based on previous discovery
c. Complete network design and prepare for installation
i. Complete new network design
1. Define and document network model (route in core/edge,
collapsed core, campus, branch, etc)\
2. STP
3. VLANs
4. Effect on DHCP/servers
5. Define all mgmt/loopback addresses
6. Define SNMP community strings (input from staff)
7. Define telnet/SSHv2 credentials (input from staff)
8. Prepare basic network diagram for use in
installation /configuration tasks
d. Network Design Completion
i. Discuss new design with customer
1. Customer signs-off on design
e. Stage and Prepare Networking Hardware
i. Unbox and stage networking hardware
ii. Label networking hardware by name and management IP address
iii. Power on and inspect logs for hardware issues
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iv. Update firmware
v. Apply basic configs to each device
1. Mgmt/loopback address
2. Enable GVRP/VTP and define all VANS
3. Enable/disable appropriate management interfaces and
authentication schemes
4. Configure uplink ports and link aggregations
5. Connect uplinks to confirm STP design and basic
connectivity
vi. Confirm connectivity (end-to-end)
vii. Confirm STP design
viii. Confirm recovery of failure in LACP uplinks
f. Install and configure core networking
i. Site 1 (City Hall)
1. Install/configure core switch (City Hall)
2. Install/configure wireless controller(s)
3. Configure wireless access points
4. Confirm installation of wireless APs and marking of ports at
patch panel
5. Connect APs to core/dist switch and associate
ii. Site 2 (PD)
1. Install/configure dist/edge switch (PD)
2. Install/configure wireless controller(s) using "alternative"
SSIDs (not yet in production)
3. Configure wireless access points
4. Confirm installation of wireless APs and marking of ports at
patch panel
5. Connect APs to core/dist switch and associate\
iii. Confirm inter switch connections and uplink redundancy (fiber)
between sites 1 and 2
iv. Test, test, test !!!
g. Site I (City Hall) Cutover
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15
i. After-hours cutover of all connections to "new" core switch (not
including PD uplinks ... yet)
1. Ensure new LACP aggregation link (LACP) to legacy core
(to maintain connectivity to legacy PD switches)
2. Test/confirm all network connectivity before continuing
ii. Test, Test, test!
h. Site 2 (PD) Cutover
i. After-hours cutover of all connections to "new" dist/edge switch
1. Test/confirm all network connectivity before continuing
ii. Legacy switches
1. Backup configs, power off
iii. Site 1 (City Hall)
1. Legacy switches
2. Backup configs, power off
i. Site 3 (Field Services)
i. Install/configure UPS
1. Requires NEMA 1-5-30P receptacle (round locking
connector)
ii. Install/configure edge switch(es)
iii. Install/configure wireless controller(s)
iv. configure APs (x8) using "alternative" SSID (not yet in production)
v. Test/confirm uplink connectivity to core
1. Physical uplink test
2. Layer 2/3 diags (ping and traceroute)
3. Show neighbors, etc
vi. After-hours cutover of all connections to "new" edge switch
1. Test/confirm all network connectivity before continuing
2. Wired and wireless connections
vii. Legacy switches /routers
1. Backup configs, power off
2. Leave onsite as a backup
M!
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j. Site 4 (Tustin Area Senior Center)
i. Install/configure UPS
1. Requires NEMA 1-5-30P receptacle (round locking
connector)
ii. Install/configure edge switch(es)
iii. Install/configure wireless controller(s)
iv. Install/configure APs (x4) using "alternative" SSID (not yet in
production)
v. Test/confirm uplink connectivity to core
1. Physical uplink test
2. Layer 2/3 diags (ping and traceroute)
3. Show neighbors, etc
vi. After-hours cutover of all connections to "new" edge switch
1. Test/confirm all network connectivity before continuing
vii. Legacy switches
1. Backup configs, power off
2. Leave onsite as a backup
k. Site 5 (Columbus Tustin Activity Center)
i. Install/configure UPS
ii. Install/configure edge switch
iii. Install/configure wireless controller(s)
iv. Configure APs (x2) using "alternative" SSID (not yet in production)
v. Test/confirm uplink connectivity to core
1. Physical uplink test
2. Layer 2/3 diags (ping and traceroute)
3. Show neighbors, etc
vi. After-hours cutover of all connections to "new" edge switc
1. Test/confirm all network connectivity before continuing
vii. Legacy switches
1. Backup configs, power off
2. Leave onsite as a backup
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I. Site 6 (Tustin Family & Youth Center)
i. Install/configure UPS
ii. Install/configure edge switch
iii. Configure APs (xl) using "alternative" SSID (not yet in production)
iv. Test/confirm uplink connectivity to core
1. Physical uplink test
2. Layer 2/3 diags (ping and traceroute)
3. Show neighbors, etc
v. After-hours cutover of all connections to "new" edge switch
1. Test/confirm all network connectivity before continuing
vi. Legacy switches
1. Backup configs, power off
2. Leave onsite as a backup
m. Site 7 (Tustin Sports Park)
i. Install/configure UPS
ii. Install/configure edge switch
iii. Configure APs (xl) using "alternative" SSID (not yet in production)
iv. Test/confirm uplink connectivity to core
1. Physical uplink test
2. Layer 2/3 diags (ping and traceroute)
3. Show neighbors, etc
v. After-hours cutover of all connections to "new" edge switch
1. Test/confirm all network connectivity before continuing
vi. Legacy switches
1. Backup configs, power off
2. Leave onsite as a backup
n. Site 8 (Tustin Metro-Link Station)
i. Install/configure UPS
ii. Install/configure edge switch
iii. Test/confirm uplink connectivity to core
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1. Physical uplink test
2. Layer 2/3 diags (ping and traceroute)
3. Show neighbors, etc
iv. Anytime cutover of all connections to "new" edge switch
1. There is currently no infrastructure to disrupt
v. Test/confirm all network connectivity before continuing
o. Wireless Network Configuration
i. Prepare wireless configuration for sites 1, 2, 3, 4, 5, 6, 7
1. Complete configuration of all new wireless controllers
2. Site 1/2
3. Site 3
4. Site 4
5. Site 5
ii. Associate APs to respective controllers
iii. Assign VLANs and policies (test SSID still)
iv. Test access, range, and performance of all test SSIDs
p. Wireless Network Migration
i. Migrate sites 5, 6, 7 (non-critical sites)
1. Update SSID, broadcast, and test
2. Monitor and address any issues
ii. Migrate sites 1, 2, 3
1. Update SSID, broadcast, and test
2. Monitor and address any issues
q. Management software/tools
i. Install/configure system management software (virtual appliance)
1. Import into existing VMware environment
2. Enable additional components
3. Traffic Analysys (if applicable)
4. Wireless services Manager (if applicable)
5. QoS (if applicable)
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6. User Behavior Module (if applicable)
ii. Confirm discovery and health of all switches/controllers
iii. Define alerting and notification model
1. Gather and enter email addresses used in switch issue
notification
r. Legacy Networking Device Removal
i. Site 7
1. Removal of legacy equipment
2. Cleanup
3. Pictures and followup documentation
ii. Site 6
1. Removal of legacy equipment
2. Cleanup
3. Pictures and followup documentation
iii. Site 5
1. Removal of legacy equipment
2. Cleanup
3. Pictures and followup documentation
iv. Site 4
1. Removal of legacy equipment
2. Cleanup
3. Pictures and followup documentation
v. Site 3
1. Removal of legacy equipment
2. Cleanup
3. Pictures and followup documentation
vi. Site 2
1. Removal of legacy equipment
2. Cleanup
3. Pictures and followup documentation
1411
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vii. Site 1
1. Removal of legacy equipment
2. Cleanup
3. Pictures and followup documentation
s. Knowledge Transfer and Documentation
i. Provide basic network diagrams for staff
ii. Provide all notes and other documentation devioped during course
of project
iii. Provide basic training of daily use of IMC monitoring software
111. PHASE 2: ONGOING MAINTENANCE SERVICES
a. Govplace will provide the maintenance and support with these
minimum requirements:
i. Govplace will keep newly installed equipment in good and
operating condition during standard business office hours. These
hours are from 8:00 AM to 5:00 PM in a normal working business
day.
ii. Govplace will respond to on-site to major interruptions of services
or emergencies (defined as an unusable network) within two (2)
hours of notification.
b. Fees for all services will be covered by the firm fixed costs set forth
in the Schedule of Compensation (Exhibit B)
c. Sample tasks are:
i. Cloud based operations portal for City of Tustin to interact with
Govplace team and view pertinent information about network health
and status.
ii. Real time monitoring and proactive response to network system
notifications.
iii. Log and traffic pattern analysis to ensure smooth operation of
networking environment.
iv. Response and remediation of major-incident events
v. Monthly meetings with City staff to discuss open issues, planning,
day-to-day operation of networking infrastructure
vi. Firmware updates and major release deployments
21
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IPA
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EXHIBIT B - Schedule of Compensation
AGREEMENT FOR PROFESSIONAL SERVICES
Information Technology Services - Network Infrastructure Upgrade Project
Phase 1 Network Infrastructure Upgrade $45,000.00 1 $45,000.00
Phase 2 Ongoing Maintenance/Monitoring $49,500.00 1 $49,500.00
Sub-Total $94,500.00
Tax $0.00
Total $94,500.00
937320A
IgT'7
For I
CITY OF TUSTIN (city)
(RFP) — Network infrastructure Upgrade for the City of Tustin
1.0 RFP Submission Information ................. ............................... 3
2.0 Key Dates ............................................... ............................... 5
3.0 Content Requirements of the RFP ........ ............................... 6
4.0 Scope & Purpose of the RFP ................. ............................... 7
.0 Terms and Conditions ........................... ............................... 8
APPENDIXA ............................................... ............................... 14
(RFP) — Network Infrastructure Upgrade for the City of Tustin
A. Submit all questions regarding this RFP, in writing or via email, no later than 5:00
PM on Thursday, April 25, 2013 to the following:
The City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: Finance Department
Parends-king@tustinca.org
B. News Release - News releases pertaining to this RFP or to the award of a
contract shall not be made without prior written approval of the City.
C. Disclaimer - This RFP does not commit the City to award a contract, or to pay
any costs incurred in the preparation of the proposal. The City reserves the right
to extend the due date for proposals, to accept or reject any or all proposals
received as a result of this request, to negotiate with any qualified firm, or to
cancel this RFP in part or in its entirety. The City may require the selected firm to
participate in negotiations and to submit such technical, fee, or other revisions of
their proposals as may result from negotiations.
D. Standard Form of Agreement - The selected firm will enter into an agreement
with the City based upon the contents of the RFP and the selected firm's
proposal. The City's standard form of agreement is included as Appendix A. The
selected firm shall carefully review the agreement, and include with the proposal
a description of any exceptions requested to the standard contract. If there are
no exceptions, a statement to that effect shall be included in the proposal.
E. Assigned representatives - The City will assign a responsible representative to
administer the contract, and to assist the selected firm in obtaining information.
The selected firm also shall assign a responsible representative (project manager)
and an alternate, who shall be identified in the proposal. The selected firm's
representative will remain in responsible charge of the selected firm's duties
through project completion. If the selected firm's primary representative should
be unable to continue with the project, then the alternate representative
identified in the proposal shall become the project manager. The City's
representative shall first approve any substitution of representatives identified in
the RFP in writing. The City reserves the right to review and approve/disapprove
all key staff or removal, and may consider such changes not approved to be a
breach of contract.
9
(RFP) — Network infrastructure Upgrade for the City of Tustin
F. City ..Business License - A City of Tustin business license will be required of the
selected firm.
G. Length of Submission - The maximum length of the RFP submission shall be 35
pages, manuals, marketing material and other exhibits excluded.
H. Response Submission -Three copies of each submission are required along with
one electronic copy on CD or DVD. All submissions must be sealed in a package
showing the following information on the outside and addressed to:
City of Tustin
Attn: City Clerk
300 Centennial Way
Tustin, CA 92780
Request for Proposal No. 03-RFP-NIU-2013
RFP Title: Network Infrastructure Upgrade 2013
Vendor's Name and Address
The submission package must be mailed or delivered to the above address prior
to the deadline for receipts of submission. All respondents who mail or ship their
submissions must allow sufficient delivery time to ensure receipt of their
submissions at the above address by the time specified. Late submissions will not
be accepted for consideration.
I. Deadline for Receipt of Submissions - All submissions must be received by the
City Clerk, City of Tustin, 300 Centennial Way, Tustin, CA 92780 by 5:00 PM on
Tuesday, May 7, 2013.
The City of Tustin's Rights to RFPs - All RFPs, upon submission to the City of Tustin,
shall become the City's property for use as the City deems appropriate. By
submitting a RFP, the offeror covenants not to make any claim for or have any
right to damages because of any misinterpretation or misunderstanding of the
specification, or because of any misinformation or lack of information. The City
of Tustin has the following prerogatives with regard to RFPs submitted:
- to accept or reject any or all proposals;
- to correct any arithmetic errors in any or all proposals submitted;
- to change the RFP's due date upon appropriate notification;
- to adopt any or all of an offeror's RFP; and
- to negotiate modifications to the scope and fee with a selected offeror
prior to contract award.
K. Investigation - Submittal of a proposal authorizes us to investigate without
limitations the background and current performance of your company and your
4
(RFP) — Network Infrastructure Upgrade for the City of Tustin
staff. Discovery of any material misstatement of fact or affiliation with businesses,
organizations, websites and/or conduct that do not meet the City of Tustin's
Mission, Values, and Goals may lead to disqualification of a proposal or to
cancellation of any resulting Contract.
L. Selection Criteria - The following elements will be the primary considerations in
evaluating all submitted proposals and in the selection of a Vendor:
1. Vendor's experience, overall installation, integration and maintenance
capabilities based upon performance record and availability of sufficient
high quality vendor personnel with the required skills and experience for
the specific approach.
2. Vendor's cost, including unit prices, labor rates, travel/frip charges, etc.
3. Proposal preparation, thoroughness and responsiveness to this RFP.
4. Client references and/or citations from prior installations where equal
services have been provided for projects of similar size and scope.
5. The extent to which the vendor's proposed solution fulfills the City's stated
requirements as set out in this RFP.
2.0 KEY DATES
The key dates driving the Network Infrastructure Upgrade project are provided below:
April 3, 2013 Issuance of Request for Proposals
April 16, 2013 Mandatory meeting at City Hall at 9:00 AM for all firms interested in
submitting a proposal.
April 25, 2013 Last day for submittal of any questions regarding the RFP, in writing
or via email by 5:00 PM
May 7, 2013 RFPs due at Tustin City Hall by 5:00 PM
May 21, 2013 City Council Approval of Project Contract (est. date)
19
(RFP) — Network Infrastructure Upgrade for the City of Tustin
A. Project Understanding and Approach - Provide a brief statement indicating
an overall understanding of the project and understanding of the services to
be provided and your approach to the work.
B. Company Profile - Provide your firm's qualifications that pertain to the
Network Infrastructure Upgrade project.
C. Scope of Work - Provide your specific proposal to address the Scope of Work
outlined in the RFP and meeting with City personnel on April 161h. At the very
least, this should describe in detail how the service shall be provided and
include a description of major tasks and subtasks as well as a list of proposed
equipment and software inclusive of brand names. Include also a proposed
time-line for completing the work. If applicable, describe administrative and
fiscal management of the program and personnel policies. Use of
subcontractors will not be allowed on this project.
Provide detailed description of services to be rendered for the maintenance
phase of the project and list staff and their qualifications for those who would
be performing the maintenance.
D. Price - Each vendor must submit labor rates and time estimates for the
completion of the I st phase of the network infrastructure upgrade. The 2nd
phase would encompass on-going network maintenance/monitoring for one
year. Labor rates for the 2nd phase shall be stated, with time estimates.
E. References - Each vendor shall provide four business references (local
government references are preferred, but not required).
F. One Proposal - No person, firm, or corporation shall be allowed to make, or
file, or be interested in more than one proposal for the same work. If it
appears that the same person, firm or corporation is interested in more than
one proposal, all such proposals shall be rejected.
M.
(RFP) — Network Infrastructure Upgrade for the City of Tustin
E,
The following are the various City sites where network infrastructure equipment will need
to be upgraded/monitored:
City of Tustin City Hall / Tustin Police Department
300 Centennial Way
Tustin, CA 92780
Field Services
1472 Service Road
Tustin, CA 92780
Tustin Area Senior Center
200 S. C Street
Tustin, CA 92780
Columbus Tustin Activity Center (Gym)
17522 Beneta Way
Tustin, CA 92780
Tustin Family & Youth Center
14722 Newport Avenue
Tustin, CA 92780
Tustin Sports Park
12850 Robinson Drive
Tustin, CA 92782
The key objectives for the network infrastructure upgrade are:
7
(RFP) — Network Infrastructure Upgrade for the City of Tustin
• To support a new VoIP phone solution that will address capabilities of the City to
respond to growing demands for faster communications - via both data and
voice.
• Implement a solution that will provide a streamlined disaster recovery and
business continuity plan.
• Simplify & centralize Administration.
• Seamless solution for all locations.
• Control and REDUCE cost with centralization.
• Provide a solution where applications can be used agency-wide,
• Improve IT service and response time; Reduce Time-to-Result.
The purpose of the RFP is to solicit from qualified service providers' recommendation for
equipment replacement and installation of network equipment for the City of Tustin.
The scope of the project will be as follows:
• Install and configure network switches, routers, firewalls and wireless devices at
various City facilities as identified above.
• The City will acquire the equipment and materials needed for the project based
on the vendor's recommendation to meet the scope of the project.
• Ensure interoperability with existing network infrastructure.
• LAN switches with Power over Ethernet (PoE) will be installed in wiring closets
where needed; vendor to identify.
• Quality of Service (QoS) configuration on routers and switches to reserve
bandwidth for voice traffic, if applicable.
• Wireless access points and access control systems where applicable.
• Provide list of options for the removal and/or disposal of displaced equipment.
• Install and configure tools to configure and manage the network devices
included in this project.
• Provide the first year of maintenance and support with these minimum
requirements:
• Keep newly installed equipment in good and operating condition during
standard business office hours. These hours are from 8:00 AM to 5:00 PM in
a normal working business day.
• Major interruptions of services or emergencies (defined as an unusable
network) are to be responded to on-site within two (2) hours of
notification.
• Meeting all these first-year maintenance and support conditions, there will
not be any extra charge by the vendor to City other than the fees paid by
the City for the maintenance agreement.
5.0 TERMS AND CONDITIONS
I
(RFP) — Network Infrastructure Upgrade for the City of Tustin
Certain other terms and conditions will apply to this RFP:
1. Addendum and Supplements to the RFP - If it becomes necessary to
revise any part of this RFP, an addendum or revision will be transmitted
to all prospective vendors by email.
2. Award of Contract - The City reserves the right to reject any and all
Proposals. A formal contract award is anticipated for the best overall
vendor as determined by the Evaluation Committee and approved by
City Council as a result of this RFP.
3. False or Misleading Statements - Any submittals containing, in the
opinion of the City, false or misleading statements will be rejected.
4. Prospective Vendor Costs - Costs for developing submittals are entirely
the responsibility of the vendor and shall not be chargeable in any
manner to the City.
5. Evaluation Process - The City will form an Evaluation Committee to
review all submittals received by the deadline. Any submittal failing to
meet any of the qualifications documented in this RFP may be
rejected.
The purpose for the Evaluation Committee is to recommend which
vendor is best able to complete the City's Network Infrastructure
Upgrade project, to the City's requirements, and within the City's
budget. A submission in response to this RFP indicates your
acceptance of the City's evaluation criteria.
6. Clarification of Proposals - The City reserves the right to obtain
clarification information of any point in any vendor's submittal or to
obtain additional related information necessary to properly evaluate
the submittal. Failure of a vendor to respond to a request for more
information may result in the proposal being rejected.
7. Disclosure of Proposal Information - Upon award of a contract, all
proposals become a matter of public record in accordance with
disclosure requirements of the California Public Records Act (Cal.
Government Code Section 6250, et seq.).
8. Prevailing Wage Requirement -The project will be paid for with public
funds and therefore is a "public work" as defined in California Labor
go
(RFP) — Network Infrastructure Upgrade for the City of Tustin
Code Sections 1771 and 1774. As a result, prevailing wages shall be
paid to the workers employed on this contract. The selected firm shall
be responsible to obtain from the State Director of Industrial Relations
and to comply with all applicable prevailing rates for the work to be
performed for each craft and type of work needed. Not less than said
prevailing rates shall be paid the workers employed on this contract.
Attention is directed to the Federal minimum wage rate requirements
in these Special Provisions. If there is a difference between the
minimum wage rates predetermined by the Secretary of Labor and
the general prevailing wage rates determined by the Director of the
California Department of Industrial Relations for similar classifications of
labor, the Contractor and subcontractor shall pay not less than the
higher applicable wage rate. The City will not accept lower State
wage rates not specifically included in the Federal minimum wage
determinations. This includes "helper" (or other classifications based
on hours of experience) or any other classification not appearing in
the Federal wage determinations. Where Federal wage
determinations do not contain the State wage rate determination
otherwise available for use by the Contractor and subcontractors, the
Contractor and subcontractors shall pay not less than the Federal
minimum wage rate which most closely approximates the duties of the
employees in question.
9. City Use of RFP Ideas - The City reserves the right to use any and all
service and product ideas presented from prospective vendors.
Selection or rejection of a vendor does not affect this right.
10. Copyrights and Patents - The Vendor shall hold the City of Tustin and its
officers, agents, servants, and employees harmless from liability of any
nature or kind because of any copyrighted information, secret or
proprietary process, patented or unpatented invention, disclosed or
used in response to this RFP, and agrees to defend, at its own expense,
any and all actions brought against the City of Tustin or its officers,
agents, servants, or employees or the Vendor alleging or arising from
unauthorized use of such information, process or invention.
11. Reliance on Information - VENDORS MAY RELY ONLY UPON WRITTEN
INFORMATION AND/OR INSTRUCTIONS FROM THE CITY GIVEN HEREIN
OR SUBSEQUENT TO THE ISSUANCE OF THIS RFP. VENDOR MAY NOT RELY
ON ANY ORAL INFORMATION AND/OR INSTRUCTIONS GIVEN WITH
REGARD TO THIS RFP.
01
(RFP) — Network Infrastructure Upgrade for the City of Tustin
Any City response to a question or request for clarification by a vendor
will be made in the form of an addendum to the RFP, which will be
sent via email to all parties to whom the RFP has been issued not later
than five (5) business days prior to the due date for receipt of the
Proposal and will become part of the RFP.
12. No Use of Subcontractors - The use of subcontractors are strictly
prohibited on this project. All work in the I st and 2nd phases of services
shall be performed by principals or employees of the selected firm.
13. Replacement of Incompatible Staff - The City reserves the right to
request and receive a replacement for any vendor staff member who
the City, in its sole and absolute discretion, determines is not working
effectively with the City's staff assigned to the Network Infrastructure
Upgrade project, or who is inadequately qualified to perform the
services to be provided, or who is unsuitable to be performing services
in secure areas.
14. Itemized List of Responsibility- Each vendor shall provide a list of
project responsibilities and the assigned staff member's name, as well
as the name of the person who will act as backup. The list of
responsibilities must match the tasks and responsibilities shown in the
project plan submitted by the Vendor. Replacement of key vendor
resources assigned to this project must be mutually agreed upon, in
writing, by both the City and the Vendor.
15. Itemized List of Products and Services - Each vendor shall provide an
itemized list of products and services for the network infrastructure
upgrade project included in its Proposal. The City may use this list as
basis for comparison between the products offered by the RFP finalists.
Manufacturer's production specifications, features list, and similar
literature are acceptable.
16. Proiecf Plan - Vendor response must include a draft project plan for
the Network Infrastructure Upgrade project specifying project
milestones. The project plan is to include, but is not limited to, the
following elements:
❑ Design
❑ Consultation with the City
❑ Implementation
❑ Warranty and Maintenance
(RFP) — Network Infrastructure Upgrade for the City of Tustin
17. Security Check - All vendor personnel are required to pass an
extensive security background check before they will be allowed to
perform any services for the City. The vendor or individual employees
of the vendor may be excluded from providing services based on the
results of the background checks, in the sole and absolute discretion
of the City. Your Proposal should acknowledge this fact, and your
project timeline should reflect this fact.
18. Scope Changes - In your Proposal clearly identify the communication
process associated with any requested scope changes during the
course of the execution of the Network Infrastructure Upgrade project
you propose. At a minimum, the communication process shall require
written approval of the City for any changes in scope.
19. Issue Escalation Process - In your Proposal state the issue escalation
process that your Project Manager will use when managing the
Network Infrastructure Upgrade project.
20. Work Hours for Network Infrastructure Installation - Work that does not
disrupt the City employees' work will be permissible during normal
working hours. All other work needs to be completed during off-work
hours to prevent disruption of City employees' work. The Police
Department is open 24/7, therefore vendor must be flexible in
scheduling when the work will take place in the Police Department.
21. Insurance Requirements - The selected firm shall furnish with the IRFP
proof of the following minimum insurance coverage. These minimum
levels of coverage are required to be maintained for the duration of
the project and during the maintenance thereafter:
A. General Liability and Automobile Liability Coverage - $1,000,000
per occurrence for bodily injury and property damage. if
Commercial General Liability Insurance or other form with a
general limit is used, either the general aggregate limit shall
apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
B. Professional Liability Coverage - $2,000,000 per occurrence
made.
C. Worker's Compensation Coverage - State statutory limits.
Deductibles, Self-Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications, must be declared to and approved by the
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
City of Tustin, which reserves the right to deny authorization to use such
limitations. The firm should contact its insurance carriers prior to submittal
of its proposal to ensure that the insurance requirements can be met if
selected for negotiation of a contact agreement. All insurance shall be
endorsed to be primary and the City's insurance shall not be
contributory. The City shall be endorsed to be Additional Insured and no
policy may be modified or cancelled prior to thirty (30) days written
notice to the City. Certificates of insurance and insurer endorsements
evidencing the required insurance shall be provided. The worker's
compensation policy shall be endorsed to waive subrogation rights
against the City and its officers, employees and agents.
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
UFNIMT
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
Information Technology Services — Network Upgrade Project
This Professional Services Agreement for Information Technology Services for
the Network Migration and Ongoing Maintenance Project (this "Agreement") is entered
into as of _, 2013 (hereinafter referred to as "Effective Date"), by and between the
City of Tustin, a government entity organized under the laws of the State of California
("Customer"), and ("Vendor"). Vendor and Customer are sometimes
hereinafter individually referred to as "party" and/or collectively as the "parties."
1. Scope of Services. Vendor agrees to perform all services necessary to
complete in a manner satisfactory to Customer those tasks described in the Scope of
Services, attached hereto as Exhibit "A" (hereafter, the "Services"). Incidental work
related to the Scope of Services and not provided for in Exhibit "A" may be needed
during the performance of this Agreement. In the event Customer requests any
changes to the Services to be provided hereunder, including the scope and price
therefore or the terms thereof, such changes will be subject to written agreement by the
parties in accordance with Section 20. Customer agrees to perform any obligations of
Customer set out herein. Each party agrees its actions under this Agreement shall
comply with all applicable federal, state and local laws, ordinances, rules, regulations,
court orders, and applicable governmental agency orders.
2. Term of Agreement/Addendum(s). Unless earlier terminated in accordance
with Section 6, the initial term of this agreement is for _ (_) months, commencing
on the Effective Date ("Initial Term"). The Customer may exercise an option to extend
the Agreement on the same terms and conditions set forth in the Agreement, by
providing written notice to Vendor in accordance with Section 13 of the Customer's
intention to renew the agreement at least 10 (ten) days prior to expiration of the Initial
Term. The term of each Addendum shall commence upon execution thereof and
continue for the term set out therein, unless such term is earlier terminated as provided
for in Section 6.
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
3. ' Compensation. For Services performed pursuant to this Agreement, and as
set forth in the Scope of Services, attached hereto as Exhibit "A", Vendor shall be
compensated by the Customer at the hourly rates stated in Exhibit "B". Total
compensation for the Network Migration Project shall not exceed and all
maintenance, service and monitoring shall be provided by Vendor for the first year at
the additional fixed cost of , payable in twelve (12) monthly installments
commencing on the thirtieth day after the City's acceptance of completion of the Project.
If the option to extend the contract is extended beyond the first year of maintenance,
service and monitoring, then ongoing maintenance, service and monitoring after the first
year shall be provided at the hourly rates set forth in Exhibit "B".
4. ' Payments Terms. Vendor will invoice Customer monthly. Customer will pay
Vendor any undisputed charges within thirty (30) days. Any disputed items will be
brought to Vendor's attention promptly and the parties will confer in good faith to resolve
the matter.
5. Taxes and Penalties. The fees for the Services provided under this
Agreement include all local, state and federal sales, excise, personal property or other
similar taxes or duties, as well as any interest or penalties for late payment thereof.
Penalties or assessments for failure to pay all prevailing wages at the times and in the
amounts due shall be the sole obligation of the Vendor.
6. Termination. Customer reserves the right to terminate this Agreement at any
time, with or without cause, upon ten (10) days written notice to Vendor, except that
where termination is due to the fault of Vendor, or where the services constitute a
danger to health, safety or general welfare of City employees or the public, the period of
such notice shall be such shorter time as may be appropriate. Upon receipt of the notice
of termination, Vendor shall immediately cease all services under this Agreement,
unless the notice provides otherwise. Vendor shall be entitled to compensation for all
services rendered prior to the receipt of the notice of termination and for any additional
services specified in the notice of termination. In addition, Vendor reserves the right to
terminate this Agreement at any time, with or without cause, upon sixty (60) days written
notice to Customer, except where termination is due to material default by Customer,
the period of notice may be such shorter time as is appropriate.
7. Indemnification.
(a) Indemnification. Vendor shall defend, indemnify and hold harmless
Customer, its officers and employees, from and against any and all
actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death
of person or persons, for damage to property, including property owned by
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
Customer and Customer's officers, managers, employees and agents,
arising from or related to the acts, errors and omissions of Vendor, its
officers, employees and agents, or arising out of or related to Vendor's
performance under this Agreement, except for such loss as may be
caused by Customer's sole negligence or that of its officers or employees.
Vendor shall also defend, indemnify and hold the Customer harmless from
any claims or liability for Customer health and welfare, retirement benefits,
or any other benefits of part-time or fulltime Customer employment sought
by Vendor's officers, employees, or independent contractors, whether
legal action, administrative proceeding or pursuant to State or Federal
statute or regulation.
b) Patent and Copyright Infringement. To the fullest extent permissible
under law, Vendor shall defend at its expense any claim or suit against
Customer on account of any allegation that any item furnished under this
Agreement, or the normal use or sale thereof arising out of the
performance of this Agreement, infringes upon any presently existing U.S.
or pending letters, patent or copyright and Vendor shall pay all costs and
damages finally awarded in any such suit or claim. Customer shall
promptly notify Vendor in writing of the suit or claim and shall provide
reasonable information and assistance at Vendor's expense for the
defense of same. However, Vendor will not be obligated to indemnify
Customer if the suit or claim results from Customer's alteration of a
deliverable, such that Customer's alteration of such deliverable created
the infringement upon any presently existing U.S. letters patent or
copyright.
If the use or sale of an item is enjoined as a result of the suit or claim,
Vendor, at no expense to Customer, shall obtain for Customer the right to
use and sell the item, or shall substitute an equivalent or superior item
acceptable to Customer and extend this patent and copyright indemnity
thereto.
8. Ownership. Except as may be otherwise agreed by the parties pursuant to
Section 20 with respect to any software or other work product identified therein,
Customer shall own all rights in and to all software and other work product (collectively,
"Work Product") developed by Vendor for Customer, including all intellectual property
and proprietary rights thereto. To the extent any Work Product is not considered a "work
for hire," Vendor agrees to assign and will assign and transfer, and will cause its
Personnel to so assign and transfer, to Customer all of its and their rights in and to such
Work Product. To the extent applicable, Customer hereby grants to Vendor a royalty
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
free license to use the Work Product in performing the Services during the term of this
Agreement.
9. Confidentiality. Each party shall hold in confidence the other party's
confidential and proprietary information ("Confidential Information") using the same
standard of care each party exercises in protecting its own Confidential Information.
Confidential Information of a party shall include, by way of example, all City Police
Department, personnel and other City data and files, whether marked confidential or
not, and any trade secret or confidential information, procedures, production methods
and other methods of operation, products (including software), and business practices,
plans and strategies. No party will permit or authorize access to, disclosure of or use of
the other party's Confidential Information to any person or entity other than its officers,
employees, contractors and professional advisors who have a need to know such
information consistent with the rights and obligations of the recipient party with respect
thereto and who are under an appropriate burden of confidentiality with respect to such
information. Each party shall promptly notify the other in writing of the existence of any
unauthorized access, knowledge, possession or use of the other party's Confidential
Information. The obligations of this Section shall not (i) restrict any disclosure to
government regulatory authorities to the extent required for compliance with applicable
laws and subject to such protective measures as may be available to preserve the
confidentiality of such information following disclosure, nor (ii) restrict any disclosure
required by law, such as in response to a response to a request under the California
Public Records Act or a subpoena, nor (iii) apply to information that (a) is generally
known to the public or readily ascertainable from public sources; (b) is independently
developed by the recipient without further reliance on Confidential Information of the
other party; or (c) is obtained from an independent third party that created or acquired
such information without reliance on other Confidential Information of the other party
and free of any obligation to the other party. The parties' non-disclosure obligations and
use restrictions hereunder shall continue indefinitely beyond the termination or
expiration of this Agreement, unless a different period of confidentiality is specified in
writing by the disclosing party.
10. Independent Contractor. Vendor shall perform all work and services
required herein as an independent contractor of, and shall remain at all times as to the
Customer a wholly independent contractor with only such obligations as are consistent
with that role. Nothing herein shall be construed to create a partnership, joint venture, or
agency relationship between the parties hereto. At all times, the employees of Vendor
("Personnel") shall be deemed employees of Vendor and not of Customer, and Vendor
shall be solely responsible for paying all employment taxes, unemployment insurance,
disability and other taxes and fringe benefits, as applicable thereto.
11. 'Personnel.
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(a) Assignment. Vendor shall be solely responsible for assigning its
Personnel to perform the Services under this Agreement. If Customer has
any legal objections to any of the Personnel assigned hereunder during
their performance of Services for Customer, Customer may give Vendor
written notice of any such objections and, within five (5) days of receipt
thereof by Vendor, the parties will confer regarding Customer's concerns.
If the matter cannot be resolved to Customer's reasonable satisfaction,
Vendor will remove the identified Personnel and assign new, qualified
Personnel as soon as practicable to replace the identified Personnel. All
Vendor Personnel will be required to pass a background check before
they can perform any duties for the Customer under this Agreement.
(b) Similar Services. Customer acknowledges and agrees that the
Personnel may perform similar services to other clients from time to time,
and that, subject to Section 9, this Agreement shall not prevent Vendor or
the Personnel from providing similar services to other clients, provided
such services do not impair Vendor's delivery of services hereunder.
12. Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Vendor, its principals and employees, were a
substantial inducement for Customer to enter into this Agreement. Therefore, Vendor
shall not contract with any other entity to perform, in whole or in part, the services
required hereunder without the express written approval of the Customer. In addition,
neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without prior written approval of the Customer.
13. Notices. All notices and other communications required or permitted to be
given under this Agreement shall be in writing and shall be considered effective when
deposited in the U.S. mail, postage prepaid, and addressed to the appropriate party at
the address noted below. Either party may change its addresses by notifying the other
party of the change of address in writing.
Address:
Attention:
Email:
Phone:
Fax:
IM-01
(RFP) — Network Infrastructure Upgrade for the City of Tustin
LMR�
Address: 300 Centennial Way,
Tustin, CA 92780
Attention: Pamela Arends-King
Email: parends-king@tustinca.org
Phone: 714-573-3061
Fax: 714-832-0825
14. California Law. This Agreement shall be construed and interpreted both as
to the validity and as to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute claim, or matter arising out of
or in relation to this Agreement shall be instituted in the Superior Court of the County of
Orange, State of California, or any other appropriate court in such county, and Vendor
agrees to submit to the personal jurisdiction of such court in the event of such an action.
15. Waiver; Survivability. Neither party shall, by lapse of time, without giving
notice or taking other action hereunder, be deemed to have waived any breach by the
other party of any of the provisions of this Agreement. Further, any waiver by either
party of a particular breach of this Agreement shall not be construed as a continuing
waiver of such breach or of other breaches of this Agreement. No consent or approval
of Customer shall be deemed to waive or render unnecessary Customer's consent to or
approval of any subsequent act of Vendor. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement. Any provision of this Agreement intended to
survive the termination or expiration of this Agreement shall so survive termination or
expiration.
16. Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
17. Leg-all Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
damages for any default, to compel specific performance of this Agreement, to obtaim
injunctive relief, a declaratory judgment or any other remedy consistent with th
purposes of this Agreement. i
18. Integration; Modification. This Agreement constitutes the entire Agreement
between the parties with respect to the subject matter hereof, supersedes all prior or
contemporaneous agreements or communications (oral or written), and may not be
modified except by an agreement in writing dated subsequent to the Effective Date and
signed on behalf of both parties by their respective authorized representatives.
19. Force Maieure. Neither party shall be liable under this Agreement for any
loss or damage to the other party due to delay in delivery or other performance failures
resulting from any cause beyond the first party's reasonable control. Such causes shall
include compliance with court orders, civil or military authority, acts of God, acts of the
public enemy, acts or omissions of the other party which resulted in the delay, electrical
power surges or current fluctuations, lightning strike, fires, floods, strikes, lockouts,
embargoes, wars, acts of terrorism, fuel shortages, riots, insurrections, default or delay
of suppliers, delays in transportation and loss or damage of goods in transit. The
delayed or non - performing party's time for performance shall be extended by the
period of any delay resulting from any such cause beyond the party's control.
Notwithstanding the above, both parties shall use their commercially reasonably efforts
to minimize the adverse consequences of any such condition.
20. Severability; Counterparts. If any part, term or provision of this Agreement
shall be held unenforceable, invalid or in conflict with any law of any governmental
authority having jurisdiction over this Agreement, the validity of the remaining portions
or provisions hereof shall not be affected thereby shall continue in full force and effect.
This Agreement may be executed in any number of counterparts, all of which taken
together shall constitute one single agreement between the parties.
21. Insurance. Contractor shall maintain at all times during the Term of this
Agreement, as the same may be extended from time to time, insurance as follows:
21.1. General Liability. (including premises and operations, contractual
liability, personal injury, independent contractors liability): Vendor shall at all times
during the term of this Agreement carry, maintain, and keep in full force and effect, a
policy or policies of comprehensive General liability insurance, with limits of not less
than One Million Dollars ($1,000,000.00) for each occurrence and in the aggregate,
combined single limit If such insurance contains a general aggregate limit, either the
general aggregate shall apply separately to this project, or the general aggregate limit
shall be three times the occurrence limit.
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
21.2. Automobile Liability. (including owned, non-owned, and hired
autos): Vendor shall at all times during the Term of this Agreement also carry, maintain,
and keep in full force and effect a policy or policies of commercial automobile liability
insurance with a combined single limit of One Million Dollars ($1,000,000.00), single
limit, per occurrence for bodily injury and property damage, which will cover the drivers
and automobiles used to perform Services pursuant to this Agreement. Such insurance
shall include coverage for owned, non-owned, and hired automobiles.
21.3. Workers Compensation. Vendor shall, to the extent required by
state law, provide Workers' Compensation Insurance, including employer's liability
coverage, for the protection of Vendor's employees, with a minimum limit of One Million
Dollars ($1,000,000) or the amount required by law, whichever is greater. Vendor shall
file a certificate of insurance which evidences that Vendor is in compliance with said
Workers' Compensation Insurance requirement.
21.4. Professional Liability or Errors & Omissions Insurance. Vendor
shall at all times during the term of this Agreement carry, maintain, and keep in full force
and effect, a policy or policies of Professional liability or Errors and Omissions
Insurance as appropriate written on a policy form coverage specifically designed to
protect against acts, errors or omissions of Vendor and "Covered Professional Services"
as designated in the policy must specifically include work performed under this
Agreement. The policy limit shall be no less than $2,000,000 per claim and in the
aggregate. The policy must "pay on behalf of"the insureds. The policy retroactive date
shall be on or before the effective date of this Agreement, and renewals thereof shall
contain a retroactive date on or before the Effective Date.
21.5. Vendor agrees that if it does not keep the aforesaid insurance in full
force and effect Customer may either immediately terminate this Agreement for default
by Vendor or, at Customer's option, Customer may take out the necessary insurance
and pay, at Vendor's expense, the premium thereon. An election not to acquire
insurance hereunder shall not in any way reduce or affect Vendor's obligation to
indemnify Customer hereunder.
21.6. The general liability policy shall be endorsed to state that "The City
of Tustin, its officers, officials, employees, agents, representatives and volunteers
(collectively hereinafter "City and City Personnel") shall be covered as additional
insureds with respect to the work or operations performed by or on behalf of [Vendor]
including materials, parts or equipment furnished in connection with such work." The
automobile liability policy shall be endorsed to state that City and City Personnel shall
be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any automobile owned, leased, hired or
borrowed by Vendor or for which Vendor is responsible.
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
21.7. The insurance provided by Vendor shall be primary to any
coverage available to Customer and shall provide that any insurance or self-insurance
maintained by City or City Personnel shall be in excess of Vendor's insurance and shall
not contribute with it.
21.8. The insurance provided by Vendor shall be endorsed to state that
the insurer shall waive all rights of subrogation against City and City Personnel.
21.9. The policy or policies required herein shall be issued by an insurer
admitted in the State of California with a rating of at least B+, VII in the latest edition of
A.M. Best's insurance guide.
21.10. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates shall also specifically state that the coverage contained in those policies
affords insurance in compliance with the terms and conditions as set forth in this
Agreement.
21.11. Deductibles. Any deductibles or self-insured retentions must be
declared to and approved by Customer prior to the execution of this Agreement by
Customer. At the option of Customer, the insurer shall reduce or eliminate the
deductibles or self-insured retentions as respects Customer.
21.12. Notice of Policy Changes. Each such insurance policy shall be
endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in
coverage or in limits, non-renewed, or materially changed for any reason, without thirty
(30) days prior written notice thereof given by the insurer to Customer by U.S. mail,
certified, or by personal delivery. In addition to such notice provided to Customer by the
insurer, Vendor shall also provide Customer with thirty (30) days prior written notice, by
certified mail return receipt requested, of the suspension, voiding, cancellation,
reduction in coverage or in limits, non-renewal, or material change for any reason, of
any such insurance policy or policies.
21.13. Evidence of Coverage. Prior to commencement of work, and at
all times during the term of this Agreement, Vendor shall maintain on file with the City
Clerk a certificate or certificates of insurance on the form set forth in Exhibit "C",
attached hereto and incorporated herein by this reference, showing that the aforesaid
policies are in effect in the required amounts, the additional insureds are named therein,
and the policies cannot be canceled, reduced or otherwise modified except on thirty (30)
days written notice by the insurance carrier to the Customer. The duplicate originals
and original endorsements for each insurance policy shall be signed by a person
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21.14. Nothing contained herein shall be construed as limiting in any way
Vendor's obligations of indemnification under Section 7 or any other extent to which
Vendor may be held responsible for payment of damages to persons or property
resulting from its operations, including operations and work performed or materials
supplied by or on behalf of Vendor, any subcontractors or by anyone directly or
indirectly employed by any of them.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed by their authorized representatives effective as of the Effective Date set forth
above.
City of Tustin
By:
Name:
Title:
Date:
Vendor
By:
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(RFP) — Network Infrastructure Upgrade for the City of Tustin
EXHIBIT A
(Note: In addition to the scope of services for the 1st and 2nd Phases, the Scope of
Services must include maximum response times in response to calls for service during
all phases and option periods.)
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