HomeMy WebLinkAbout06116 - COMPUTER GALLERY AS NEEDED CONSULTING SERVICES l�bt1 b
COMPUTER GALLERY Scope of Work
NETWORK ENABLED SOLUTIONS
Client: City of Palm Springs Scheduled:
Address: 3200 E. Tahquitz Canyon Way Tech:
City/State/Zip: Palm Springs, CA 92263 Time & Materials:
Phone: 760-323-8252 Fax: 760-323-8207 Phone Support:
Contact: James Smith Fixed Bid: Hours:
E-Mail: james.smith@palmsprings-ca.gov S-Pak: Rate:
Date/Time of Call: 8/16/2011 4:49 PM Maint: Rate:
Travel Zone: Rate:
Scheduling Instructions:
This scope of work outlines our time estimate to you. This document will be used to
generate your bill. Please make sure you understand and agree with all of the provisions.
Any changes to this scope will be documented on a Change Request.
Qt Tota
y Time 1
• 1 8.00 8.00 Work with James and others from the City's IT department to create a
comprehensive upgrade plan, "City Infrastructure Upgrade Plan", for the
City's technology Infrastructure.
• 1 8.00 8.00 Create budgetary pricing estimates to provide to City Council.
Ty
• 1 16.0 16.0 Meet with Department Heads at the City to identify
0 0 opportunities to improve efficiency using existing software or new
applications as needed to improve department function: . ------,
And _ Tei rig
• 1 16.0 16.0 Ensure the proposed network redesign meets the individual requirements of the
0 0 software applications selected by each department head
• 1 4.00 4.00 Review the "City Infrastructure Upgrade Plan" to ensure feasibility and
effectiveness concerning the following items:
• 1 8.00 8.00 Server operating systems. Currently the City is running Microsoft Windows
Server 2003. The current version is Microsoft Windows Server 2008. The plan
should incorporate a strategy to move to this platform.
• 1 8.00 8.00 Application software requirements. Currently the City is using Microsoft
Exchange 2003 and should evaluate the new Exchange 2011 mail platform as well
as competing mail platforms. The plan should incorporate a strategy to move
to the selected platform.
• 1 8.00 8.00 Compile a list of current software in use by the City. This list would
dictate the hardware requirements for the technology platform. In addition,
the list of software would he checked for upgrades to see if new versions
existed and what the new requirements would be.
• 1 8.00 8.00 The City expressed an interest in VOIP, as part of this upgrade. Bandwidth
and network equipment should be identified as part of the plan. Also
identified were Ipads to assist with City Council meetings. In addition, a
review of PSCTV technology is desired.
73-965 HIGHWAY 111 • PALM DESERT, CA 92260 • 760.779.1001 • FAX 760.779.0771
www.computer-gailery.com
• 1 8.00 8.00 The majority of the workstations at the City are very old and running either
Windows 2000 or Windows XP. The plan should incorporate a strategy to move
to Windows 7, the most current Mircosoft desktop environment.
Total
Hours 92.0
Computer Gallery will provide as-need professional information technology consulting
services to the City on a time and materials basis, pursuant to following rates for
specific services.
Help Desk Engineer $115.00 per hour
Network Engineer $115.00 per hour
Sr. Network Engineer $145.00 per hour
Consultant $175.00 per hour
The City will not be responsible for, or billed for travel time and mileage, to/and from
the City of Palm Springs.
Computer Gallery and the City will mutually determine an estimated time of performance
and estimated costs for each individual engagement performed under this agreement.
Reimbursables will be billed at the actual cost of such materials, copies of receipts
will be provided to the City at the time of invoice.
This total is not a guaranteed time quote. The above time estimates represent
standard installation times with no equipment compatibility issues. Due to the
complexities of computer systems, we cannot foresee all contingencies or
compatibility issues. If we exceed our time estimates you are responsible for the
additional time. We therefore provide this scope for lanning purposes only.
Contact Name: Signatu 14 . 1-1— Date:
I represent that I have the authority to approve a Scope Wor documentLfor the above
person or company. trr
�APPROVED BYCRY MANAGER �,�� �o �'
Atetlb _ ATE 21s 000, y •/G
73-965 HIGHWAY 111 • PALM DESERT, CA 92260 • 760.779.1001 • FAx 760.779.0771
www.computer-gailery.com
CONSULTING SERVICES AGREEMENT
(COMPUTER GALLERY AS NEEDED IT CONSULTING SERVICES)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into this 15tJ day of June, 2011. by and bet«een the City of Palm Springs, a California
charter city and municipal corporation ("City'), and Computer Gallery ("Consultant") a
California corporation.
RECITALS
A. City requires the services of a Network and Information Technology Consultant
for as needed information technology consulting services ("Project").
B. Consultant has previously provided to the City a detailed Network Assessment.
C. Consultant has submitted to City a proposal to provide as needed information
technology consulting services to City pursuant to the terms of this Agreement.
D. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide such
services.
E. City desires to retain the sen-ices of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide as needed information technology consulting services to
City on a time and materials basis, as described in the Scope of Services/Work attached to this
Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"),
which includes the agreed upon schedule of fees. Consultant warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance with all
standards prevalent in the industry. In the event of any inconsistency between the terms
contained in the Scope of Services N ork and the terms set forth in the main body of this
Agreement, the terms set forth in the main bode of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided by Consultant in accordance with all applicable federal, state, and local laws, statutes
and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
Revised,6/13/2011
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
1.4 Familiarity with Work. B} executing this Agreement, Consultant warrants that
it has carefully considered how the NN ork Should be performed and fully understands the
facilities, difficulties, and restrictions attending,performance of the work under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the sera ices to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of each individual consulting engagement.
Consultant shall not be accountable for delaNs in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULT ANT
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of
fees set forth in Exhibit"A,"which total amoLint shall not exceed$15,000.00.
3.2 Method of Payment. In anv month in which Consultant wishes to receive
payment, Consultant shall no later than the first Nvorking day of such month, submit to City in the
form approved by City's finance director, an invoice for services rendered prior to the date of the
invoice. Payments shall be based on the rates as set forth in Exhibit "A" for authorized services
performed. City shall pay Consultant for all expenses stated thereon, which are approved by
City consistent with this Agreement, within thirty(10) days of receipt of Consultant's invoice.
3.3 Chanzes. In the event an} change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of SLIch amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other«-ork product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
2 Revised.6/13/2011
4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule each individual consulting engagement..
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force 11lajeure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of thirteen months
months, commencing on June 1, 2011, and cndin+� Oil ,lone 30, 2012, unless extended by mutual
written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and Nvork specified herein and make all decisions in connection
therewith: Joe Popper, President. It is expressly understood that the experience, knowledge,
education, capability, and reputation of the foregoing principal is a substantial inducement for
City to enter into this Agreement. Therefore. the foregoing principal shall be responsible during
the term of this Agreement for directing all activities of Consultant and devoting sufficient time
to personally supervise the services hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Consultant shall
refer any decisions that must be made b-, City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express ,N ritten approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of CitN.
3 Revised 6/13/2011
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required herein, except as otherNN ise set forth herein. Consultant shall perform all
services required herein as an independent contractor of City and shall not be an employee of
City and shall remain at all times as to City a xN-holly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Consultant's work product, result, and advice. Consultant shall not at any time or in any manner
represent that it or any of its agents or emplo,,ees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services set forth herein. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name: Title:
Any qualified Computer Gallery employee or designee that has the
experience, education, training, and reputation pursuant to best
industry standards to perform such assiginment and/or task.
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in Exhibit"B,"which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATION AND LIMITS OF LIABILITY.
7.1 Indemnification. Each party (the "Indemnifying Party") will defend, indemnify and
hold harmless the other party and all of its officers, directors, employees, agents, successors and
assigns (the "Indemnified Party') from and against any and all third party claims, demands,
actions, suits, losses, liabilities, damages (including taxes), and all related costs and expenses,
including without limitation reasonable attorneys' fees (collectively"Losses") and result from (1)
the negligent, willful or reckless act or omission of the Indemnifying Party, or(ii) death,personal
injury, bodily injury or property damage caused by the Indemnifying Party. The Indemnifying
Party's obligation to indemnify hereunder is predicated upon the Indemnified Party (a) giving
prompt written notice of any Loss, and (b) proti idina, at the lndemnifyng Party's sole expense,
all reasonably requested and releN ant inforniation, assistance and authority to enable the
Indemnifying Party to perforni its obligations hereunder. The Indemnifying Party agrees not to
settle any Loss without the Indemnified Part�,'s «ritten consent, which shall not be unreasonably
withheld.
7.2 Limits of Liability. Consultant provides a warranty of good workmanship with
regard to all services provided under this A-rcenient. This warranty shall be the only warranty
made by Consultant, and is in lieu of all other Nvarranties, express or implied.
Notwithstanding the Indemnification provisions in Section 7.1, Consultant shall not be
liable for the loss of profit, revenue or data arising out of the subject matter of this Agreement,
even if Consultant shall be been advised of the possibility of such potential loss or damage,
4 Revised.6/13/2011
except to the extent such loss of profit, revenue or data is caused by the gross negligence,
recklessness, or willful misconduct of Consultant.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
8.3 Ownership of Documents. Nil drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
8.4 Intellectual Proprietary Information. City acknowledges that in the
performance of services under this Contract. Consultant may provide City with information
Consultant deemed Intellectual, ProprietarN, Infor►nation and/or trade secret information. The
City shall: (i) take suitable precautions to maintain the confidentiality of the confidential
information; (ii) not disclose or otherwise furnish the confidential information except for: (a)
employees or independent contractors of the City «ho have a need to know the confidential
information to perform official duties and.or contractual obligations provided such employees or
independent contractors are obligated to maintain the confidentiality of the confidential
information; and (b) third parties to whom disclosure is required by applicable Federal or State
law.
Consultant acknowledges that City is a public entity and subject to the requirements of
the California Public Records Act. The California Public Records Act recognizes that certain
confidential trade secret information may be protected from disclosure. Generally, a trade secret
exemption is for information, including a formula, pattern, compilation, program, device,
method, technique or process that (i) deriN-es independent economic value, actual or potential,
from not being generally known to the public or to other persons who can obtain economic value
from its disclosure or use; and (11) is the subject of efforts that are reasonable under the
circumstance to maintain its secrecy.
If Consultant contends that any information and,'or a document submitted to the City is
confidential under the Public Records Act, Consultant must submit an explanation as to why
such information or documents is exempt fi-om disclosure. Consultant shall clearly label each
Revised-6/13/2011
document as confidential and enclose the Consultants explanation as to why withholding the
information is permissible under the Public Records:act.
Consultant shall indemnify and hold harmless the City of Palm Springs, or its officials,
officers, employees and agents, for any loss, claim or suit, including attorneys' fees, brought on
by a person challenging the City's refusal to release the documents that are marked as
confidential.
If a request is made for the disclosure of information that is marked as confidential, City
will provide Consultant notice to allo«v Consultant to seek protection from disclosure by a court
of competent jurisdiction. City shall, in its sole discretion, determine whether to disclose records
responsive to any public records request.
8.5 Secure Transactions. Consullant has implemented and will maintain security
systems for the transmission of the City's information, consisting of encryption and firewall
technologies that are understood in the industrN to provide adequate security for the transmission
of such information over the Internet.
8.6 Non-Disclosure. Consultant acknowledges that in the performance of services
under this Contract, Consultant may have access to nonpublic and/or confidential information
pertaining to the City and its operations. Consultant agrees to maintain the confidentially of such
information, and will: (i) use the confidential inforniation solely for the purposes set forth in this
Contract; (ii) take suitable precautions and measures to maintain the confidentiality of the
confidential information of the City, and (iii) not disclose or otherwise furnish the confidential
information to any third party.
8.7 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly «ithout the prior written approval of the Contract
Officer.
8.8 Cost Records. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other eN idence pertaining to costs incurred while performing
under this Agreement and shall make sucli materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and 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 Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the eN ent of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to Nvaive or render unnecessary City's consent to
0 Revised,6113/2011
or approval of any subsequent act of Consultant. Any«vaiver by either party of any default must
be in writing and shall not be a ivaiver of any other default concerning the same or any other
provision of this Agreement.
9.3 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 tlic same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to an} 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.
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety, and general xx elfare. the period of notice shall be such shorter
time as may be determined by the City. Upnn receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior
to receipt of the notice of termination and inr ati,%• services authorized by the Contract Officer
thereafter. Consultant may terminate this AL�reement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
10.1 Non-Liabilitv of Citv Officers and Employees. No officer or employee of City
shall be personally liable to the Consultant. or any successor-in-interest, in the event of any
default or breach by City or for any amount Which may become due to the Consultant or its
successor, or for breach of any obligation of the teens of this Agreement.
10.2 Covenant A ainst Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the perfonriance of or in connection with this Agreement
regarding any person or group of persons oil account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand. request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid. first-class snail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated se,,ent-\-t«o (72) hours from the time of mailing if mailed
as provided in this Section.
Revised:6/13/2011
To City: City of Palm Springs
?attention: City Manager and City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Computer Gallery
.attention: Joe Popper
73-965 Highway 111
Palm Desert, California 92260
11.2 Hardware Warrant•. all hardNN are furnished hereunder is warranted to be free
from defects in materials and workmanship as specified by the respective manufacturers.
Consultant may repair or replace, at its sole expense and option but in accordance with the
manufacturer's warranty, any defective hardhx are, provided that the City has timely notified
Consultant and Consultant has found the hardware to be defective. City's sole and exclusive
remedy hereunder shall be limited to the repair or replacement specified herein. The express
warranties set forth in this agreement are in lieu of all other warranties, express or implied,
including, without limitation those of merchantability, fitness for a particular purpose, or
otherwise.
11.3 Software '*Varranty. Solt ware «ill be installed per the publisher's guidelines
and is warranted against failure by the publisher as specified by the publisher. Notwithstanding
the foregoing, Consultant provides the sof N are and accompanying materials (including
instructions for use) "as is" without any ,,arr my by Consultant of any kind. Consultant does not
warrant, guarantee or make any representations regarding the use, or the results of use, of the
software or written materials in teens of correctness, accuracy, reliability, current issue or
otherwise. The entire risk as to the results and performance of the software is assumed by City. If
the software or written materials are defectiN e Cite and not Consultant, its agents or employees,
assume the entire cost of all servicing, repair, or corrections. The above is the only software
warranty of any kind, either express or implied, and is in lieu of all warranties, including, but not
limited to, the implied warranties of merchantability and fitness for a particular purpose. no oral
or written information or adN ice given by C oilsultant, or its agents or employees shall create a
warranty and City may not rely on any such inloriiiation or advice. City may have other rights
which vary from state to state.
11.4 Use of Tools. Consultant in&, install software and/or hardware to assists in the
process of managing and maintaining the City's network. City agrees to abide by the licenses of
the respective software publishers and hardware mamlfacturers. Copies of the respective licenses
are available upon request. Upon tenrination of this agreement, City agrees to remove and return
all property of Consultant promptly. Cite xx ill not hold any equipment belonging to Consultant
for claims of set-off or reduction for any purpose whatsoever. City agrees to deinstall all
software associated with Consultant's managed services. If City fails to return any software
and/or hardware, Consultant is entitled to collect Consultant published list price of product in
damages. City agrees to allow Consultant access to any Consultant hardware or software on
customer site during nomial business for maintenance purposes provided Consultant has given
reasonable notice to City. City is responsible for Consultant's equipment while equipment is on
Revised.6/1 3120 1 1
City's site. If Consultant equipment is damaged in any way due to the gross negligence,
recklessness, or willful misconduct of the City, the City has full responsibility for costs
associated with replacement.
11.5 Integrated Agreement. This agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
11.6 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in«ritin+.
11.7 Severabilitv. In the eN ent that an} one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this A«reement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
11.8 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this agreement on behalf of said parties and that
by so executing this Agreement the parties Hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
�j Revised 6/13/2011
INN WITNESS WHEREOF, the parties t w.c executed this Agreement as of the dates
stated below.
`•CITS'"
City of Palm Springs
j DdV;d Il. Reads'
Cily llauarei
APPROVED AS TO FORT1: ArTF.ST
{Douglas C.Holland, acres Thompson,
City Attorney City Clerk
-CONSULTANT"
Computer Gallery
Date:
Jo pp ur ,.
Pr dent
trot-To Exceed $ 0
Without The Expr s Written
Authorization Of The City
Manager.
APPROVED BY CITY MANAGER
m °° pn
li Revkwd el13i2O'l
EXHI SIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
I I Revised•6/13/2011
COMPUTER GALLERY SCOPE OFWORK
NETWORK ENABLED SOLUTIONS
Client: City of Palm Springs Scheduled:
Address: 3200 E. Tahquitz Canyon Way Tech:
City/State/Zip: Palm Springs, CA 92263 Time & Materials: as noted below
Phone: 760-323-8204 Fax: 760-323-8207 Phone Support: $
Contact: James Thompson Fixed Bid:$ Hours:
E-Mail: Joy.Thompson@palmsprings-ca.gov S-Pak: Rate: $
Date/Time of Call: 5/18/201 1 10:00 AM Maint: Rate: $
Travel Zone: Rate: $
Scheduling Instructions:
This scope of work outlines our time estimate to you. This rlocunient will be used to generate your bill. Please make sure
you understand and agree with all of the pro4isions, Any changes to this scope will be documented on a Change Request.
Computer Gallery will provide as-need protessional info[mation technology consulting services to the City on a time and
materials basis, pursuant to following rates for specific sere ices
Help Desk Engineer $115.00 per hour
Network Engineer $115.00 per huui
Sr. Network Engineer $145.00 per Hour
Consultant $1:5.00 pei 11OLI1
The City will not be responsible for, or billed toi travel time and mileage, to!and from the City of Palm Springs.
Computer Gallery and the City will mutually determine an c�timated time of performance and estimated costs for each
individual engagement performed under this agreement.
Reimbursables will be billed at the actual cost of such material, copies of receipts will be provided to the City at the time of
invoice.
Under no circumstances shall the total amount paid under this contract, including services and reimbursables, shall exceed
$15,000, without previous written authorization by the City `.lanagrn,
This total is not a guaranteed time quote. The above tinie estimates represent standard installation times with no
equipment compatibility issues. Due to the complexiiies of computer systems, we cannot foresee all contingencies
or compatibility issues. If we exceed our time estimates ou are responsible for the additional time. \Ale therefore
provide this scope for planning purposes onl}.
�1r /
Contact Rbr�g� d Signatu ate: d61 ��/ZOO
c rN 0,1 JEarr,..�C_. rr� orF �M cam
I represent that I have the uthority to ap ov a Scope of Work and to sign documents for the above person or
company.
73-965 HIGHWAY 1 1 1 • PALM DESERT, CA 92260 • 760.779.1001 • FAx 760.779.0771
www.computer-gallery.com
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
12 Revised•6/13/2011
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to the City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's performance under this Agreement. Consultant
shall also carry workers' compensation insurance in accordance with California workers'
compensation laws. Such insurance shall be kept in full force and effect during the term of this
Agreement, including any extension thereof. and shall not be cancelable without thirty(30) days
advance written notice to City of any proposed cancellation. Certificates of insurance evidencing
the foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorsements evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnifi_• City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000) combined single limit coverage per occurrence and two million
dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000)per occurrence;
3. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement Form.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects City and its respectiN e elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials, officers, employees, agents, and volunteers.
B. Sufficiencv of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California Nx ith an A.M. Best's Key Rating of B++, Class VII, or
better, unless otherwise acceptable to the City.
C. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
13 Revised.6/13/2011
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before «ork commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsement are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coy erage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the Cite of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage tit ith an apprm ed .Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The Citt, of Puler Springs, Its officials, cntplQvees, and agents are named as all
additional insured... " ("as respects City of'Palnt Springs Contract No. " or 'for arty and all
work performed with the C'it.v"may be included in this statement).
2. "This insurance is printart, and non-contributoty over anh insurance or self-
insurance the Citi, inay have..." ("as respects Citi• of Palm Springs Contract No.____" or 'for arty
and all workperforined with the Cite" maybe included in this statement).
3. "Should anY of tlic aboiv dcsc•ribed policies be canceled before the expiration
date thereof, the issuing cunipain Will mail 3tl da-i's written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Nk orkers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to proN ide them.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved b}- the City prior to commencing any work or
services under this Agreement. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its elected officials,
officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant -uU ira itees payment of all deductibles and self-insured
retentions.
14 Revised 6/13/2011
F. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is llladc or suit is brought except with respect to
the limits of the insurer's liability.
Revised,6/13/2011