2200 - Strategic Business Resources, Inc. - IT Services CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT
This is an Amendment to the Agreement ("Amendment") entered into on 1st day of
September, 2016 by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Strategic Business
Resources, Inc., a California Corporation, with its principal place of business at 10 Plaza
Square, Suite C, Orange, California 92866 ("Consultant"). City and Consultant are
sometimes individually referred to herein as "Party" and collectively as "Parties."
The City desires to continue services from the Consultant relating to the State Mandated
Law Enforcement Claims Reimbursement project ("Project") as set forth in the attached
Agreement.
Consultant agrees to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in the
attached Agreement.
The term of this Agreement shall extend the attached agreement until December 31,
2016, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
CITY OF ROSEMEAD STRATEGIC BUSINESS RESOURCES,
�2 INC.
By: ilia R . ^r(lq„ By: i 4_ /aI
Bill R. Manis, City Manager
Name: 6c„ I4,tAnk„,54
Attest: , %_ J
■
Title: --pn-s c o} CF 0
Marc Donohue, City Clerk
By:
Approved as to Form:
/ Name:
`achel 'ichman, City Attorney
Title:
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of September, 2016 by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead,
California 91770 ("City") and Strategic Business Resources, Inc., a California
Corporation, with its principal place of business at 233 South Batavia Street, Orange,
California 92868 ("Consultant"). City and Consultant are sometimes individually referred
to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing state mandated
claim reimbursement services to public clients, is licensed in the State of California, and
is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the State Mandated
Law Enforcement Claims Reimbursement project ("Project") as set forth in this
Agreement.
3. TERMS.'
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional consulting
services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be on a month to month
basis for a maximum of three months from September 1, 2016 to December 1, 2016,
unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City. The key
personnel for performance of this Agreement are as follows: George Kardously.
3.2.5 City's Representative. The City hereby designates the Assistant City
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
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3.2.6 Consultant's Representative. Consultant hereby designates George
Kardously, or his designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants
and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant warrants that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project,
a threat to the safety of persons or property, or any employee who fails or refuses to
perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
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3.2.10.1 Time for Compliance. Architect shall maintain prior to
the beginning of and for the direction of this Agreement insurance coverage as specified
in Exhibit D attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed six thousand two hundred and fifty dollars ($6,250.00) per
month without advance written approval of the Assistant City Manager. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates
and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Service rendered by the
Consultant. The City agrees within 45 days of receiving such statement, review the
statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., (Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
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applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated for all direct service hours which
have been adequately rendered to City; however, in no event shall the City be obligated
to pay more than the total amount of the Contract. Consultant may not terminate this
Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
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other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Strategic Business Resources, Inc.
233 South Batavia Street
Orange, CA 92868
Attn: George Kardously
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Brad McKinney
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, 'studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant
or provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
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related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant,
its officials, officers, employees, agents, consultants and contractors arising out of or in
connection with the performance of the Services, the Project or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Consultant shall defend, at Consultant's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse
City and its directors, officials, officers, employees, agents and/or volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its employees
or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer
as required under state law in the performance of the Services. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of City, during the term of his
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or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3,5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
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CITY OF ROSEMEAD STRATEGIC BUSINESS RESOURCES,
INC.
By: -13; & By: 1,r/, w � �,
Bill R. Manis, City Manager
Name: (2 Ca it,C. KG,/Ao w t�y
Attest:
A/ Title: ;,s;jejt ✓ —Ft
Marc Donohue, lerk
Approved as to Form:
Rachel Richman, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
SBR will utilize a combination of onsite and remote management tools to support the
users and the network at the City of Rosemead. The services will include the following:
• System Administration: SBR will provide administration services to include the
server user accounts and Web and e mail system SBR will perform all of the
regular server maintenance items that are required for a reliable network SBR will
update operating system software patches to ensure system performance and
integrity.
• Network Administration: SBR will support all network devices such as routers
and Internet access firewalls and monitor network performance.
• User Account Administration: SBR will manage all user accounts to ensure
proper access to network resources for local users and remote users.
• Desktop Support: SBR will support all computer workstations and laptops SBR
wilt troubleshoot hardware and software related problems and manage system
warrantees SBR will also install software as needed.
• User Support Training: SBR will respond to user issues and resolve all
technology related problems SBR will also train employees as needed to ensure
full utilization of the available technology.
• Virus Protection: SBR will update virus definitions on a monthly basis The
updates will be pushed out to the users Regular virus protection updates are
required to ensure that the network is safeguarded against malicious attacks.
• Firewall Maintenance: SBR will maintain the integrity of the firewall by conducting
regular audits SBR will also develop a firewall upgrade path that is cost effective
while providing greater security.
• System Backup: SBR will maintain the current backup system SBR will configure
a backup system to automate the backup process Backups should be done daily
SBR will also develop a disaster recovery plan to ensure that the data is recovered
quickly.
• Asset Management: SBR will maintain an inventory of all hardware and software
SBR will track all future purchases to ensure that depreciation credits are fully
utilized.
• Software License Compliance: SBR will maintain control over all software
licenses to ensure compliance and avoid the risk of penalties.
• Website Support: The City has contracted with an outside firm to create an
interactive and user friendly website SBR will provide ongoing maintenance and
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support to the City for this website
• E mail Administration: SBR will manage all email account and provide email
systems maintenance
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EXHIBIT B
SCHEDULE OF SERVICES
SBR will utilize a combination of onsite services remote monitoring and remote control to
fully support The City of Rosemead network while maintaining control over costs. It is
estimated that 16-20 hours per week onsite are sufficient to maintain the reliability and
integrity of the City of Rosemead network while providing a reasonable level of response
time to user related problems.
1. Onsite Support
SBR systems engineers will be onsite every Tuesday and Thursday and as needed
to resolve user issues and provide hands on network maintenance. Based on the
size of the network it is estimated that 20 hours of onsite support service on a
weekly basis will be sufficient to maintain reliability of the network. Additional hours
will be added on an as need basis and will be cleared with the City of Rosemead
designated staff.
2. Trouble Tracking
SBR will utilize a trouble ticket database system to track all user issues and to
ensure that all issues are resolve in a timely manner.
3. Remote Control
In the event that a problem surfaces or if a user needs account administration
support during a time that SBR is not scheduled to be onsite, SBR will remote
control the server and the workstations and troubleshoot most network systems.
In the event that remote control utilities are not sufficient to resolve the problem,
SBR will provide onsite engineering services the very next business day.
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EXHIBIT C
COMPENSATION
SBR will provide the needed hours to keep all systems operational. SBR estimates that
20 hours will be needed on a weekly basis within the scope of the regular maintenance
and network administration. SBR proposes a fixed cost of$6,250 per month. Any
adjustments to this contract shall not be authorized unless given written authority to do
so by the City of Rosemead.
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EXHIBIT D
INSURANCE REQUIREMENTS
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of September, 2016 by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead,
California 91770 ("City") and Strategic Business Resources, Inc., a California
Corporation, with its principal place of business at 233 South Batavia Street, Orange,
California 92868 ("Consultant"). City and Consultant are sometimes individually referred
to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing state mandated
claim reimbursement services to public clients, is licensed in the State of California, and
is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the State Mandated
Law Enforcement Claims Reimbursement project ("Project") as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional consulting
services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be on a month to month
basis for a maximum of three months from September 1, 2016 to December 1, 2016,
unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City. The key
personnel for performance of this Agreement are as follows: George Kardously.
3.2.5 City's Representative. The City hereby designates the Assistant City
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
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3.2.6 Consultant's Representative. Consultant hereby designates George
Kardously, or his designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants
and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant warrants that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project,
a threat to the safety of persons or property, or any employee who fails or refuses to
perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
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3.2.10.1 Time for Compliance. Architect shall maintain prior to
the beginning of and for the direction of this Agreement insurance coverage as specified
in Exhibit D attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed six thousand two hundred and fifty dollars ($6,250.00) per
month without advance written approval of the Assistant City Manager. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates
and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Service rendered by the
Consultant. The City agrees within 45 days of receiving such statement, review the
statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
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applicable "public works' or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated for all direct service hours which
have been adequately rendered to City; however, in no event shall the City be obligated
to pay more than the total amount of the Contract. Consultant may not terminate this
Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
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other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Strategic Business Resources, Inc.
233 South Batavia Street
Orange, CA 92868
Attn: George Kardously
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Brad McKinney
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant
or provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
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related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant,
its officials, officers, employees, agents, consultants and contractors arising out of or in
connection with the performance of the Services, the Project or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Consultant shall defend, at Consultant's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse
City and its directors, officials, officers, employees, agents and/or volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its employees
or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer
as required under state law in the performance of the Services. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of City, during the term of his
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or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
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CITY OF ROSEMEAD STRATEGIC BUSINESS RESOURCES,
INC.
By: 13s-k.R .—w,v. By: i f
Bill R. Manis, City Manager
Name: 0 o„ ��crdo a r�
Attest:
jalsPO Title: � A S;Jo 9' -Fc
Marc Donohue,..a'7lerk
Approved as to Form:
Rachel Richman, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
SBR will utilize a combination of onsite and remote management tools to support the
users and the network at the City of Rosemead. The services will include the following:
• System Administration: SBR will provide administration services to include the
server user accounts and Web and e mail system SBR will perform all of the
regular server maintenance items that are required for a reliable network SBR will
update operating system software patches to ensure system performance and
integrity.
• Network Administration: SBR will support all network devices such as routers
and Internet access firewalls and monitor network performance.
• User Account Administration: SBR will manage all user accounts to ensure
proper access to network resources for local users and remote users.
• Desktop Support: SBR will support all computer workstations and laptops SBR
wilt troubleshoot hardware and software related problems and manage system
warrantees SBR will also install software as needed.
• User Support Training: SBR will respond to user issues and resolve all
technology related problems SBR will also train employees as needed to ensure
full utilization of the available technology.
• Virus Protection: SBR will update virus definitions on a monthly basis The
updates will be pushed out to the users Regular virus protection updates are
required to ensure that the network is safeguarded against malicious attacks.
• Firewall Maintenance: SBR will maintain the integrity of the firewall by conducting
regular audits SBR will also develop a firewall upgrade path that is cost effective
while providing greater security.
• System Backup: SBR will maintain the current backup system SBR will configure
a backup system to automate the backup process Backups should be done daily
SBR will also develop a disaster recovery plan to ensure that the data is recovered
quickly.
• Asset Management: SBR will maintain an inventory of all hardware and software
SBR will track all future purchases to ensure that depreciation credits are fully
utilized.
• Software License Compliance: SBR will maintain control over all software
licenses to ensure compliance and avoid the risk of penalties.
• Website Support: The City has contracted with an outside firm to create an
interactive and user friendly website SBR will provide ongoing maintenance and
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support to the City for this website
• E mail Administration: SBR will manage all email account and provide email
systems maintenance
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EXHIBIT B
SCHEDULE OF SERVICES
SBR will utilize a combination of onsite services remote monitoring and remote control to
fully support The City of Rosemead network while maintaining control over costs. It is
estimated that 16-20 hours per week onsite are sufficient to maintain the reliability and
integrity of the City of Rosemead network while providing a reasonable level of response
time to user related problems.
1. Onsite Support
SBR systems engineers will be onsite every Tuesday and Thursday and as needed
to resolve user issues and provide hands on network maintenance. Based on the
size of the network it is estimated that 20 hours of onsite support service on a
weekly basis will be sufficient to maintain reliability of the network. Additional hours
will be added on an as need basis and will be cleared with the City of Rosemead
designated staff.
2. Trouble Tracking
SBR will utilize a trouble ticket database system to track all user issues and to
ensure that all issues are resolve in a timely manner.
3. Remote Control
In the event that a problem surfaces or if a user needs account administration
support during a time that SBR is not scheduled to be onsite, SBR will remote
control the server and the workstations and troubleshoot most network systems.
In the event that remote control utilities are not sufficient to resolve the problem,
SBR will provide onsite engineering services the very next business day.
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EXHIBIT C
COMPENSATION
SBR will provide the needed hours to keep all systems operational. SBR estimates that
20 hours will be needed on a weekly basis within the scope of the regular maintenance
and network administration. SBR proposes a fixed cost of$6,250 per month. Any
adjustments to this contract shall not be authorized unless given written authority to do
so by the City of Rosemead.
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EXHIBIT D
INSURANCE REQUIREMENTS
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
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(42i
4W
STRATEGIC BUSINESS RESOURCES, INC.
Information Technology Solutions
P.O. Box 1952
Orange, CA 92856
714 - 538- 5320(T)
714- 260- 9345(F)
www.sbrits.com
New Structured Cabling - Various City
Locations Proposal
Presented to:
City of Rosemead
Client Contact
8838 E. Valley Blvd.
Rosemead, CA 91770
Table of Contents
1.
ABOUT STRATEGIC BUSINESS RESOURCES ........................................ ............................... 3
2.
BACKGROUND ......................................................................................... ..............................3
3.
PROPOS AL ................................................................................................ ..............................4
4.
TERMS OF SERVICE AGREEMENT ........................................................ ............................... 4
A.
SBR Obligations: .................................................................................................................. 4
B.
Customer Obligation: ............................................................................................................ 4
C.
Termination: ......................................................................................................................... 4
D.
Force Majeure :....................................................................................... ............................... 5
E.
Limitation Of Damages: ........................ ............................................................................... 5
F.
Agreement Not To Recruit ...................................................................... ............................... 5
G.
Miscellaneous: ...... ............................................................................................................... 5
5.
COST ESTIMATES... ... - .......................................................................................................... 6
City of Rosemead Technology Support Proposal
ABOUT STRATEGIC BUSINESS RESOURCES.
Strategic Business Resources is a fast - growing provider of value -added systems consulting & integration,
networking, and lifecycle information systems services. Through our leading -edge focus, Strategic
Business Resources develops partnerships with customers and vendors alike to achieve highly customized
technology integration, implementation, and support solutions.
Strategic Business Resources designs, implements, and manages complex information systems solutions,
and delivers these systems with Quality and Customer Satisfaction as a critical- success metric. Strategic
Business Resources' goal is to help customers maximize their information systems investments in order to
provide core - business competitive advantage by maximizing end -user productivity.
SBR provides long term network maintenance and support services to several clients where a full time
network administrator is not warranted, as in the case of companies that have less than 100 employees. In
most of these cases the network administrator's time is not fully utilized. SBR is able to structure a
maintenance contract that fits budgetary requirements while still providing onsite and remote support
services to keep the network operating reliably. SBR's support and maintenance services are intended to
keep costs down, by managing the amount of time that is required to keep the network well tuned and'
operational. The net annual costs are usually less than one third of the salary and benefits of a full time
employee. This service allows our clients to meet their objectives of maintaining a reliable network, at the
same time being able to tap into specialized technology resources.
a. Strategic Business Resources' Southern California headquarters is:
233 S. Batavia Street
Orange, CA 92866
b. Strategic Business Resources provides technical analysis, consulting and
professional/engineering /outsourcing services in:
• Local Area Network infrastructure, integration and support
• Wide Area Network analysis, integration and support
• Help Desk / Support Services Process Re- engineering
• Internet/Intranet/Web -based Application Development
• Project Management
c. George Kardously and Rakesh Gurmel will represent Strategic Business Resources and are
authorized to make representations on behalf of the firm.
2. BACKGROUND
The City of Rosemead is considering upgrading and installing new structure cabling in several facilities.
There will be roughly 90 locations where voice and data ports and needed to support City Hall, Garvey
Center, and Field services.
SBR will provide technical services including designing, and installing the structured cabling needed by the
City.
SBR is pleased to provide this proposal for structured cabling.
Strategic Business Resources, Inc. Page 3 January 2005
City of Rosemead Technology Support Proposal
3. PROPOSAL
SBR will provide the design and installation of a complete structured cabling plant for City Hall, Garvey
Center, and Field Services facility. The scope of work includes the following:
• SBR will provide a complete cabling solution consisting of Category 6 plenum jacketed cable with
23 gauge wiring.
• All cabling will be terminated in 48 port (where applicable) patch panels that will be appropriately
labeled. The patch panels will be located in communication closets, or in appropriate cabinets
where needed.
• All associated material including hook, cable raceway, and connector (R145) will be included.
• All Cabling will be installed in accordance with EIAMA 568N standards.
• All cabling will be tested to ensure proper performance. Testing documentation will be provided.
• This proposal will include as much as 90 locations each containing 1 port for voice and one for
data.
• All installation documentation will be provided including port locations.
4. TERMS OF SERVICE AGREEMENT
This agreement is executed by and between Strategic Business Resources, Inc. (SBR) located at 1465 N.
Harwood Street, Orange, CA 29867, and, City of Rosemead located at 8838 E. Valley Blvd.,
Rosemead, CA 91770.
WHEREAS, SBR has the Consulting Methodology, to provide Consulting and System Engineering
services; and WHEREAS, City of Rosemead wishes to engage SBR to perform the Consulting
Engagement.
NOW THEREFORE, in consideration of the promises contained herein, the parties agree as follows
A. SBR Obligations:
SBR will provide Consulting and System Engineering services in accordance with the proposal provided in
the document. SBR shall maintain professionalism and confidentiality of all client material. All SBR
employees, management and associates shall maintain confidentiality.
B. Customer Obligation
City of Rosemead hereby agrees to pay SBR for services to be performed starting on the date set forth
above. SBR will provide net 15 terms for services and/or agreements. A finance Charge of 12% APR
will be added on late balances beyond a 60 day period from the original invoice date.
City of Rosemead will provide access to premises, and all technology infrastructure devices.
C. Termination:
This agreement may be terminated without cause, without penalty, and without liability for any damages as
a result of such termination at any time by giving the other party at least thirty (30) days prior written
notice of such termination. This agreement maybe terminated for cause (gross negligence or willful
Strategic Business Resources, Inc. Page 4 January 2005
City of Rosemead Technology Support Proposal
misconduct) upon ten (10) days prior written notice if either party terminates the agreement. All
outstanding account balances shall be settled within 30 days of the notice of termination.
D. Farce Majeure:
SBR shall NOT be liable for a delay in performing any obligations under this agreement if such delay is
caused by strike, riot, war, government regulation, flood, earthquake, or any other unforeseeable and
unavoidable event beyond SBR' reasonable control.
E Limitation Of Damages
SBR shall not be held liable for any loss, damage, expenses, including without limitation, loss of data and
equipment failure, which are the result of the negligence of City of Rosemead. Should there be any defect
or deficiency in any services performed by SBR, liability hereunder shall be limited to the cost of the
support time itself to correct the defect or deficiency. In any case, SBR shall not be liable for any
consequential or incidental damages related to the service.
City of Rosemead shall be responsible for ensuring that all data backups are properly done prior to SBR
proceeding with any network upgrade work. In the event that City of Rosemead is unable to ensure that
data backup is properly conducted, SBR should be notified so that the SBR engineer will take on the
responsibility of data backup.
F. Agreement Not To Recruit
By signing these terms and conditions, City of Rosemead agrees with the following recruitment
conditions:
1. City of Rosemead agrees not to solicit, recruit, employ, contract, or make offers to employ, any
technical or managerial personnel of Strategic Business Resources for a period of six months from
the completion of any project or services performed by Strategic Business Resources.
2. City of Rosemead agrees that any solicitation, recruitment, employment, or contracting of
Strategic Business Resources' personnel, within one -year of the completion of any project or
service, will be considered a Permanent Placement Service, in which case, City of Rosemead will
be invoiced a Permanent Placement Fee equal to 30% of the employee's starting salary, including
bonus, and/or guaranteed commission.
G. Miscellaneous:
I . NOTICE: Any notices, except invoicing, to be given under this agreement shall be made to the
addresses of the respective parties set forth below by personal delivery, by nationally recognized
overnight carrier, or by registered or certified mail, postage paid, return receipt requested, and
such notice shall be deemed given upon receipt if delivered personally or by overnight carrier, or
forty-eight (48) hours after deposit in the United States mails as set forth herein.
2. GOVERNING LAW: AMENDMENT, ARBITRATION: This agreement shall be interpreted and
enforced under the laws of the State of California. This agreement can be modified only by a
writing signed by the parties hereto. Any controversy or claim arising out of or relating to this
agreement will be settled by binding arbitration as the parties may agree, and in the absence of
such agreement, in accordance with the Commercial Rules of the American Arbitration
Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any
court having jurisdiction thereof. Arbitration hearings will be held in the County of Orange,
California, and the prevailing party will be reimbursed for any and all attorney's fees, costs and
expenses in the arbitration.
Strategic Business Resources, Inc. Page 5 January 2005
City of Rosemead Technology Support Proposal
5. COST ESTIMATES
This cost estimate listed in this section is all inclusive of labor, materials, and project management by
Rakesh Gurmel or his designee. A deposit of 50% of total project cost is needed to secure some of the
required materials.
Total Cost = $ 24,718.35
Deposit (50 %) _ $ 12,359.18
IN WITNESS WHEREOF the parties hereto have signed this Proposal as of the date first written above.
Strategic Business Resources, Inc.
P.O. Box 1952
Orange, CA 92856
Name
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Ltf'7 6. *///-,1
Name
Date
Date
Strategic Business Resources, Inc. Page 6 January 2005
0 •
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 14th day of May, 2007 by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 East Valley Boulevard,
Rosemead, California 91770 ( "City') and Strategic Business Resources, Inc., a California
Corporation, with its principal place of business at 10 Plaza Square, Suite C, Orange,
California 92866 ( "Consultant'). City and Consultant are sometimes individually referred to
herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing technological services
to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such Information Technology (IT)
services as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the professional technological consulting
services necessary for the Project ( "Services'). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 14, 2007 to July
1, 2008, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
and deadlines.
3.2 Responsibilities of Consultant.
Strategic Business Resources, Inc.
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3.2.1 Control and Payment of Subordinates: Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Consultant shall also not be employees of
City and shall at all times be under Consultant's exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's submittals
in a timely manner. Upon request of City, Consultant shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who fail
or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or property, shall be promptly
removed from the Project by the Consultant at the request of the City. The key personnel
for performance of this Agreement are as follows: Brian Saeki and Oliver Chi.
3.2.5 City's Representative. The City hereby designates Brian Saeki or
Oliver Chi, or his or her designee, to act as its representative for the performance of this
Agreement ( "City's Representative "). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates George
Kardously & Daniel Quinones, or his or her designee, to act as its representative for the
performance of this Agreement ( "Consultant's Representative "). Consultant's
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Representative shall have full authority to represent and act on behalf of the Consultant for
all purposes under this Agreement. The Consultant's Representative shall supervise and
direct the Services, using his best skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally.required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Consultant's
failure to comply with the standard of care provided for herein. Any employee of the
Consultant or its sub - consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Consultant and shall not be re- employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
Strategic Business Resources, Inc.
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secured all insurance required under this section. In addition, Consultant shall not allow
any subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required underthis
section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees or
subcontractors. Consultant shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall meet
at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be
at least as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage form number CA
0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with general aggregate limit is used, either the general aggregate limit shall
apply separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation limits as required by the Labor Code of the State of California. Employer's
Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5)
years following completion of the Project, errors and omissions liability insurance
appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms
supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents
and volunteers shall be covered as additional insured with respect to the Work or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents
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and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained
by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant's insurance and shall not be called upon to contribute with it in
any way.
(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its directors, officials,
officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or
self- insurance maintained by the City, its directors, officials, officers, employees, agents
and volunteers shall be excess of the Consultant's insurance and shall not be called upon
to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid under the
terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by
this Agreement shall be endorsed to state that: (A) coverage shall not be suspended,
voided, reduced or canceled except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City; and (B) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to the City, its directors, officials, officers, employees, agents and
volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and
volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self- insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce
or eliminate such deductibles or self- insured retentions as respects the City, its directors,
officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a
bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
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California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurerto bind coverage on
its behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipmentand other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments:
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed six thousand two hundred fifty dollars ($6,250) without
advance written approval of City. Extra Work may be authorized, as described below, and
if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution of
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this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seg., and 1770, et sue., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws'), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing
rates of per diem wages in effect at the commencement of this Agreement. Consultant
shall make copies of the prevailing rates of per diem wages for each craft, classification or
type of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Consultant's principal place of business and at the project site.
Consultant shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any failure
or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such'
records and any other documents created pursuant to this Agreement. Consultant shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
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required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, orat such other
address as the respective parties may provide in writing for this purpose:
CONSULTANT:
CITY:
Strategic Business Resources, Inc.
10 Plaza Square. Suite C
Orange, CA 92866
Attn: George Kardously
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Oliver Chi
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Propert y.
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings ordata magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant under this Agreement ( "Documents &
Data "). Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time,, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
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3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential
by Consultant. Such materials shall not, without the prior written consent of City, be used
by Consultant for any purposes other than the performance of the Services. Norshallsuch
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Consultant, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Agreement, including without limitation
the payment of all consequential damages and attorneys fees and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought
or instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and /or volunteers, forany and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents or
volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
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3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References: Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
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employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicitor secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to,
all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self- insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
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CITY OF ROSEMEAD STRATEGIC BUSINESS RESOURCES, INC.
BY: r �J" - BY:
Amy- 6azzafe4te v(L cA-A George Kardously
City Manager President & CEO
Attest- .
By
Nile eastraita- Glo4-to+ Mal�ecAct
City Clerk
Approved asAo Form:
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EXHIBIT A
SCOPE OF SERVICES
SBR will utilize a combination of onsite and remote management tools to support the users
and the network at the City of Rosemead. The services will include the following:
• System Administration: SBR will provide administration services to include the
server, user accounts, and Web and e-mail system. SBR will perform all of the
regular server maintenance items that are required for a reliable network. SBR will
update operating system software patches to ensure system performance and
integrity.
• Network Administration: SBR will support all network devices such as routers and
Internet access, firewalls, and monitor network performance.
• User Account Administration: SBR will manage all user accounts to ensure
proper access to network resources for local users and remote users.
• Desktop Support: SBR will support all computer workstations, and laptops. SBR
wilt troubleshoot hardware and software related problems, and manage system
warrantees. SBR will also install software as needed.
• User Support & Training: SBR will respond to user issues, and resolve all
technology related problems. SBR will also train employees as needed to ensure full
utilization of the available technology.
• Virus Protection: SBR will update virus definitions on a monthly basis. The
updates will be pushed out to the users. Regular virus protection updates are
required to ensure that the network is safeguarded against malicious attacks.
Firewall Maintenance: SBR will maintain the integrity of the firewall by conducting
regular audits. SBR will also develop a firewall upgrade path that is cost effective,
while providing greater security.
• System Backup: SBR will maintain the current backup system. SBR will configure
a backup system to automate the backup process. Backups should be done daily.
SBR will also develop a disaster recovery plan, to ensure that the data is recovered
quickly.
• Asset Management: SBR will maintain an inventory of all hardware and software.
SBR will track all future purchases to ensure that depreciation credits are fully
utilized.
• Software License Compliance: SBR will maintain control over all software
licenses to ensure compliance and avoid the risk of penalties.
• Website Support: The City has contracted with an outside firm to create an
interactive and user friendly website. SBR will provide ongoing maintenance and
support to the City for this website.
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• E -mail Administration: SBR will manage all email account and provide email
systems maintenance.
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EXHIBIT B
SCHEDULE OF SERVICES
SBR will utilize a combination of onsite services, remote monitoring, and remote control, to
fully support The City of Rosemead network, while maintaining control over costs. It is
estimated that 16 -20 hours per week onsite are sufficient to maintain the reliability and
integrity of the City of Rosemead network, while providing a reasonable level of response
time to user related problems.
Onsite Support.
SBR systems engineers will be onsite at regularly scheduled appointments (to be
determined) to resolve user issues, and provide hands on network maintenance.
Based on the size of the network, it is estimated that 12 -20 hours of onsite support
service, on a weekly basis will be sufficient, to maintain reliability of the network.
Additional hours will be added on an as need basis and will be cleared with the City
of Rosemead designated staff.
2. Trouble Tracking
SBR will utilize a trouble ticket database system to track all user issues and to
ensure that all issues are resolve in a timely manner.
3. Remote Control.
In the event that a problem surfaces, or if a user needs account administration
support during a time that SBR is not scheduled to be onsite, SBR will remote
control the server, and the workstations and troubleshoot most network systems. In
the event that remote control utilities are not sufficient to resolve the problem, SBR
will provide onsite engineering services the very next business day.
• •
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EXHIBIT C
COMPENSATION
SBR will provide the needed hours to keep all systems operational. SBR estimates that 12-
20 hours will be needed on a weekly basis within the scope of the regular maintenance and
network administration. SBR proposes a fixed cost of $ 6,250 per month. Actual time spent
will be evaluated every six months. Any adjustments to this contract shall not be authorized
unless given written authority to do so by the City of Rosemead.
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Mo Strategic Business Resources. Inc. Orange, A 1952
O ra m„c, CA 92956
Iii rinalion 72ec•hnolngn Sohrtion.' 714- 539.5320 (T)
714- 539- 5457(r)
r%i %W.Sbrrek.conr
Chance Request
Date: December 3, 2007
RE: The City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Strategic Business Resources, Inc. provides technology management and technical support
services to all City of Rosemead facilities.'1'he baseline contract calls for 2 days per week or and
estimated 12 -20 hours per week, of SBR's "technical support services. These services are
provided for a fixed monthly cost of S 6,250.00. The technical support services include all
computer and network related services at all City facilities.
Since October 2007, the Citv has needed three days of service per week. It is expected that this
requirement will continue for a few months into 2008.
This document is intended to formalize the change of service from 2 days per week (12 -20 hours
per week). up to 3 days per week (18 -30 hours per week). The fixed monthly cost will be
adjusted by simply multiplying by a factor of 1.5. The new adjusted fixed cost is S 9,375.00 per
month.
Please note this is only temporary until the needs and expansion within the city arc fully satisfied.
At such time SBR will revert back to the baseline cost and hours.
Please note your acceptance of this change by a signature.
Strategic Business Resources, Inc. The City of Rosemead
P.O. Box 1952 8838 E. Valley Blvd.
Orange, CA 92856 Rosemead, CA 91770
George Kardously DLIVbw— Cv%%
Name Name
Signature Signature
December 3. 2007 1% - 10 • 0}
Date Date
Sll'aicgic Business Resources, Inc. 10 Plaza Square, Suite C Orange, CA 92866
1♦ hglormation Technologv Sohrlions 714 -538 -5320 (T)
714 - 538- 5457(F)
www.sbrtek.com
City of Rosemead
Technology Assessment
Presented to:
City of Rosemead
Mr. Andrew Lazzaretto
8838 E. Valley Blvd
Rosemead, CA 91770
626 -569 -2101
Table of Contents
1. EXECUTIVE SUMMARY .....................................................................................
..............................3
2. TECHNOLOGY ASSESSMENT SCOPE OF WORK ...........................................
..............................4
3. DATA MANAGEMENT ........................................................................................
..............................4
4. BUSINESS PROCESSES .......................................................................................
..............................5
5. USER ISSUES .........................................................................................................
..............................5
6. TECHNOLOGY MANAGEMENT ........................................................................
..............................6
7. RECOMMENDATI ONS .........................................................................................
..............................8
8. IMPLEMENTATION PLAN ..................................................................................
..............................9
9. COST ESTIMATES ...............................................................................................
.............................10
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City of Rosemead Technology Assessment
EXECUTIVE SUMMARY
The City of Rosemead hosted two SBR consultants for two days for the purpose of developing a
Technology Assessment and evaluating the use and condition of City's technology infrastructure. This
engagement focused on several areas, including network design, network security, business processes, user
experience, and impressions of currently available technology systems.
The City of Rosemead is utilizing tier -one hardware throughout. Most computer hardware has been
updated within the past 12 months, including servers. The upgrades included operating systems and
desktop productivity software such as Microsoft Office. However, there are some serious gaps in terms of
hardware performance specifications as it applies to special high demand applications such as GIS system
requirements and the use of technology to streamline business processes. Many key staff members were
interviewed to gain an understanding of current business processes and data requirements and needs of their
departments.
SBR concludes that there are numerous bottlenecks hindering almost all departments. Sadly most of these
bottlenecks are to some extent the result of the technology and data systems currently used throughout the
City.
Electronic Data Management and records retrieval is currently lacking. All records are manually recorded
and searching for specific documentation requires a great deal of staff time in searching through numerous
file cabinets in order to retrieve information. There is a need for a searchable document management
system and a database of critical information.
Technology Management is seriously lacking. The general impression is that technology is more of an
t afterthought as opposed to being a key tool in streamlining the operational efficiency of various
departments throughout the City. Although the City has invested in good hardware and software, these
systems are not utilized properly, leading to staff frustration and business process bottlenecks.
.1
Technical Support is very slow and unresponsive. Many staff members have little or no confidence that
their technical issues will be addressed in a timely manner. There are no processes used to report and track
user issues and no accountability for issue /problem resolution. A typical user problem will go unresolved
for several weeks. Many staff members at remote locations such as the parks and recreation centers have
either very limited or not internet and email access, hindering their ability to do their work.
An evaluation of the network infrastructure revealed serious security gaps throughout the network. Many
systems have numerous open ports allowing access to intruders from the outside. The overall configuration
and design of the network is poor, leading to a slow and unstable network that encourages conflicts
between various systems. The email system design is flawed leading to duplication of effort and also fails
to track numerous correspondences. The Microsoft Exchange email system is not properly configured as it
was intended by Microsoft.
This report is organized on the basis of Data Management, Business Processes, User Issues, Technology
Management, and Recommendation. There will be an overlap of some of these sections as the issues are
interrelated.
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' City of Rosemead Technology Assessment
' 2. TECHNOLOGY ASSESSMENT SCOPE OF WORK
' The following section is the originally proposed scope of work. Most of the items were accomplished
except for the site tours. Instead, a greater focus was placed on the business processes and data
management. During the early moments of SBR's visit, it became apparent that there are no
interconnectivities between the remote sites and City Hall. The other sites are for the most part considered
' to be standing alone.
A. Site Tours: A consultant from SBR will tour all critical sites and develop a
high level inventory of major systems and critical technology infrastructure components. This tour
t will seek to identify the role of technology in each area and map out interconnectivities and
interdependencies.
B. Hardware Review: SBR will review all hardware components especially servers,
firewalls, routers, backup components. A general overview of user workstations will also be
included. Assuming that the network infrastructure is based on an active directory topology, SBR
will be able to provide a comprehensive inventory of all systems including hardware
' specifications, installed software and versions.
C. Critical Software Review: Critical software such as server platforms, business
applications, email systems, and database systems will be reviewed. This review is intended to
' ensure if the versions used are currently supported, and do not pose a risk to business operations.
D. Security Review: Local Area Network and Wide Area Network connectivity
will undergo a security review to ensure that appropriate measures are in place to reduce the
' possibility of an intrusion.
E. Data Backup: Backup hardware and software will be evaluated to ensure that
the proper backup scheme is being used. In addition backup logs will be reviewed to ensure that
' all backup jobs are successful, and that data will be restorable should there be a need to restore
data.
F. Disaster Recovery Plan: A review of the City's disaster recovery plan will be
' conducted. Disaster recovery planning considers various scenarios and the measures needed to
minimize the risk and restoring the information systems to the best operational level possible.
G. System Maintenance: A review of the maintenance programs of all computer
' systems and network infrastructure. Systems maintenance includes systems updates, cleanup, and
virus protection.
H. Asset Management Review: A review of the overall management of all computer systems
' will be conducted including the utilization of warranty programs, the development of systems
standards, and systems life cycle and replacement policies.
I. User Interviews: Key staff members in the data intensive areas will be
' interviewed to develop a business process map, and data requirements for such departments. These
interviews will result in identifying areas of business bottlenecks, and data usage efficiency.
J. Analysis and Reporting: The information gathered will be analyzed with critical gaps
' identified, on the basis of current best practices in the information technology management field.
A recommendation report will be generated along with estimate costs of implementation of critical
recommendation.
' 3. DATA MANAGEMENT
Many staff members were interviewed to gain an understanding of how data is used throughout the
' organization. There is currently very little in terms of electronic data or databases available. Staff typically
searches through paper records for key pieces of information. This is done by various departments and for
various purposes. In many cases, such as the business license application process, searching for a building
' permit or even finding basic information to answer a question by a city council member requires staff
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members to sift through several file cabinets and manually tally bits of information. The approach is time
consuming with a high possibility of error and absolutely inefficient. If the various records are digitized
and made searchable by a document management system, information searches will become a fast query of
a searchable document repository. Currently, simple tasks such as looking up how many of a specific type
of business is located in town are extremely difficult. A permit follow -up by a citizen requires numerous
points of contacts and searches, using up a great deal of time to answer a seemingly simple question.
Data storage on the files server consists of users' home drive and a single shared drive. There are special
needs whereby departmental shared drives are needed. Another issue stems from a continuity standpoint.
An exiting employee should have their old data passed forward to the new person filling their role. This is
currently not done, creating a huge burden on the incoming employee that now has to recreate many of the
documents and forms.
Information sharing and collaboration is currently very cumbersome. The current method of data
management does not allow for easy collaboration within departments. Staff members have to email
documents to each other, rather than having a shared drive on the network where document consistency
may be applied.
The poor data management cited in the previous section leads to business process bottlenecks. There are
many such bottlenecks that are creating inefficiencies in how staff time is utilized. The bottleneck
observed include but are not limited to the business license process, the building permit process, the
cashier, the parks and recreation department, the facilities rental process, payroll, accounts receivable,
accounts payable, and human resources management.
At the core of these bottlenecks are the inefficient data management system and the lack of collaboration
tools that may be provided by the appropriate software solutions and network infrastructure. There are
many applications that will scan documents, index and provide the search engine features for all paper
documents. There are applications that manage the permit process, the business license process and
enhance the ability of the City Clerk's office to generate Council meeting agendas. There are also software
tools that manage all facilities that are available for rental and events management.
5. USER ISSUES
User issues may be divided in several categories ranging from time needed to accomplish simple tasks to
technical support.
A. Many users are experiencing poor system performance. This is primarily in the planning and
administration department, and others that use the GIS software. The current systems do not have
sufficient memory to use the GIS software and any other application at the same time.
B. Many users, especially in the parks and recreation department do not have email and internet
access. The assistants to the facility supervisors do not have systems that allow them to
accomplish some of the task and special projects assigned to them by their supervisors.
C. Many forms and documents including timesheet, budgets, reports, and checks are typed using a
typewriter rather than using electronic forms. This is a somewhat cumbersome and outdated
process that few, if any, organizations currently utilize.
D. Many users have experienced a variety of problems with the email system. There are many issues
when accessing email outside of City Hall. The email system does not provide any collaboration
tools such as shared contacts and calendars.
' E. Another issue that is apparent is the fact that current employees do not have access to data created
by an employee that they have replaced, leading to the recreation of existing documents.
F. Many users have experienced serious technical issues that go unresolved for an indefinite amount
' of time.
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G. There are many problems with document formatting and creating a City brochure.
H. The cashier is not able to print receipts. The cashier cannot use the system whenever the finance
department is running reports.
1. There is no ability for staff to access their budget information electronically, nor is there a
centralized database for financial information.
J. There is no formalized human resources management system in place.
K. The current finance system being used is old and antiquated and should have been upgraded years
ago.
6. TECHNOLOGY MANAGEMENT
There is no technology plan that could be ascertained at this time. The City has recently upgraded from
Windows NT 4.0 to the current Windows 2003 Server environment. This upgrade was long overdue
considering that Microsoft has stopped supporting NT4.0 in 2003. The fact that the City only recently
upgraded to the current Windows 2003 Server is unconscionable.
The following is a rating of key technology elements:
A. Hardware: The server hardware and key network appliances are considered to be
very good. The city has invested in good systems that should be fairly reliable. The users'
workstations are also considered to be good, with the exception of having insufficient memory to
run some of the applications. However, in today's day and age of computer systems, the recent
computer hardware upgrades that were made seemed to be conducted in a piecemeal effort and the
City did not maximize its buying power. In short, better computers could and should have been
purchased.
B. Software: The City is currently Utilizing Windows 2003 server platform for
authentication, and file services. The City is also using a Microsoft Exchange server for some of
the email data storage. All workstations are using Windows XP professional, however, it is
strange that certain workstations are equipped with email and internet access, while others are not.
In addition, there are a number of software solutions that the City has failed to utilize to streamline
and make more efficient its internal processes. This problem centers around the fact that the
financial software resides on a UNIX server which seems old and outdated. Further analysis of
the financial system should be conducted.
C. Antivirus: Antivirus protection is provided by Symantec Corporate edition,
network based antivirus. This is an appropriate choice for anti - virus.
D. Backup & Disaster Recovery: The backup software is VERITAS Backup Exec, which an
appropriate software for the environment. The UNIX server is backed up by using a UNIX utility.
There are full backups done nightly with the one tape taken off site on a weekly basis. A worst
case scenario would result on a loss of one week's worth of data. There are no disaster recovery
plans other than restoring data from tape. There would be additional lead time experienced from
hardware delivery and system files rebuild. These files are not backed up.
E. Asset Management: All computer hardware and software are accounted for with limited
warranty management. This should not be the case.
F. Security: The City's network is protected by a Pro Series Sonicwall firewall.
However, there are many open ports on computers systems including servers throughout the
hetwork. These open ports pose a high risk as they allow for intruders to access the network and
compromise security, such that any unsophisticated hacker could easily break into the City's
network.
G. Issue Tracking: There are currently no means for reporting problems and tracking
problem resolutions. Users merely notify the Finance Director of a problem, and the director
seems to troubleshoot any system problems by herself whenever she finds the time to do so. This
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City of Rosemead Technology Assessment
has resulted in issues remaining unresolved for weeks, when in fact such problems should take
mere minutes to correct.
H. Preventative Maintenance: There is currently no preventative maintenance program for
'
any of the systems throughout the City's network. The current approach is mainly a break -fix
operation which is inefficient and ineffective.
1. Network Architecture: The network design is seriously and fatally flawed. There are many IP
address conflict that result in dropped connection to critical systems, leading to poor performance.
There are also serious security breaches including numerous open ports. The email system is not
configured properly. The active directory and user authentication are not configured properly
limiting user functionality. The network should be completely redesigned from the ground up to
ensure better system performance.
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City of Rosemead Technology Assessment
' 7. RECOMMENDATIONS
The following recommendations cover many areas, including data management, business process, and
technical areas of concern. Some of these recommendations will require additional planning and
forethought and the development of an implementation strategy. Others are relatively simple and will
require a knowledgeable systems engineer.
The following is the list of recommendations:
A. Data Management Recommendations:
1. A document management strategy should be developed to digitize all files and records in
the City and store such documents in a searchable electronic format. This
recommendation will save a great deal of time that staff members use to lookup items and
process applications.
2. File sharing on the server should be restructured to accommodate how departments work
and collaborate together. Security policies should also be reconsidered to allow
appropriate levels of access based on job roles and function.
3. Electronic forms and savable files should be utilized as much as possible instead of the
typewriter method. These forms are much easier to use and provide electronic method of
' indexing and archiving.
4. Access to previous employee's files should be provided to new employees based on job
function. All data on the City's network belongs to the City and should be used to
' streamline the work processes and empower the new employees.
5. A comprehensive plan should be implemented to determine the best way to consolidate
data management processes, and one system should be used to streamline all of the issues
' raised above.
B. Business Process Recommendations:
1. Software applications that improve the speed and efficiency of processes throughout the
City should be considered. There are many applications that manage permit application
processes, business license processes, code enforcement, the Council Agenda generation
process, human resources, financial management, capital asset inventory, and other
related issues. These applications will eliminate the bottlenecks and provide the added
accountability needed to ensure quality.
2. It is recommended that the City put together a comprehensive RFP for a new financial
database system. To complete the RFP, a review of needed City applications should be
made and a complete enterprise software solution should be implemented. Such a system
should include financial applications, payroll applications, HR applications, customer
information systems, permitting systems, and eGovernment applications.
3. The parks and recreation facilities that rent sites and manage events should be provided
with an Events Management System that is shared throughout the department. This
system will manage the events calendar; manage booking, and supplies for each event.
This system will also provide for greater utilization of each site that is used for events.
C. Technical Recommendation:
1. There are numerous open ports on many systems on the Local Area Network. All non-
essential ports should be closed and third party remote access tools should be eliminated.
2. Anonymous login into the IIS Server (Internet Information Service) is currently allowed.
This is a major security breach whereby outsiders may access the file server through this
open system. This login should be eliminated.
3. The email system should be reconfigured to better utilize the MS Exchange server. This
should be coupled with the elimination of the Hosted (POP) email system. The exchange
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server will allow for better and more consistent access from the outside by using a much
more robust web client. The exchange server will also allow for easier collaboration by
sharing calendars and contacts, creating master and groups specific workspaces, and also
enhance the overall management of email.
4. The current Internet explorer configuration on the workstation should be reconfigured for
trusted sites only. The current configuration is prone to spyware objects.
5. The Sonicwall firewall should be reconfigured for HTTP port scanning and blocking of
dangerous URL, spam, and open ports.
6. Terminal services should be removed from all computers that are not accessing terminal
services or remote applications. This is an additional security risk.
7. The DHCP (Dynamic Host Protocol) service should be reconfigured. There are currently
many conflicts in IP addresses that are impacting users as well as servers. A DHCP
scope will define the proper addressing scheme of major and critical network device and
will improve the performance of the network. The DHCP scope should be setup in such
a manner as to reserve IP addresses for servers and printer, and maintaining a limited
dynamic range.
8. Active directory configuration should be reviewed and adjusted to accommodate the
access to data that is required by the various departments. Active Directory should be
configured to manage all printers, user privileges, and access to a0 network resources.
9. User groups should be reconsidered on the basis of access to needed resources. The
groups may be based on departments and job role combinations. This approach will
provide a consistent method of access to resources.
10. An issue tracking system should be adopted to ensure that all reported user issues are
resolved in a timely manner. '
11. A preventative maintenance approach should be adopted to ensure that all critical systems
are checked regularly, all security breaches are closed, and all system stability issues are
resolved.
12. Minimum standards for hardware should be developed. In the future, the City should
never purchase a computer, as it has repeatedly done in the past, with only 512 MB or
RAM. At a minimum, all workstations should have at least I GB of RAM, if not more.
8. IMPLEMENTATION PLAN
' This section is focused in developing a multiphase implementation plan that takes into account many
factors including priorities, the time required to complete the implementation, and the critical nature of the
items recommended.
' The recommendations presented previously were categorized into three areas: Data Management, Business
Processes, and Technical Recommendations. The following is a description of requirement for
implmentation:
' A. Data Management Implementation Plan: This category of recommendations will
require the involvement of City staff in order to properly identify how to manage electronic
document archives and retrieval. The determination of the file structure is crucial to ensuring that
' all documents will be available and easy to find. SBR supports that establishment of a team that
will develop a file structure and an implementation plan. Some of the recommendations cited in
this section will be resolved by simply re- architecting the network, which will address files
' sharing on the server and access right and restrictions on the bases of Job Position and Job roles.
This is considered to be a medium range in terms of a timeline
B. Business Process Implementation Plan: This category requires the development of a
software requirements document that will be used to identify software applications and packages.
Strategic Business Resources, Inc. Page 9 August 2006
1
City of Rosemead Technology Assessment
' This will require forming a team of staff members that will work together to prepare the
requirement documents. All possible software solutions vendors will then be required to meet all
' of the conditions set in the requirements document and perhaps offer additional features that will
further enhance the business processes within the City. This recommendation will require a great
deal of consideration as the result will have a deep impact on the operation and productivity of the
' City staff. This is considered to be a medium range recommendation.
C. Technical Recommendations Implementation: These recommendations will require re-
engineering the City's network architecture. The results of implementing these recommendations
' will impact many areas including security, reliability, and usability of the network. These
recommendations may be implemented within a very short timeframe considering that many of the
components such as hardware and software are already available. The main focus of these
recommendations will be the application of technology industry best practices and the Microsoft
' recommended configurations. These recommendations should be implemented in two phases.
The first phase will address the security issues, the reliability and usability issues. Once this phase
is completed, a waiting period of 24 weeks in needed to ensure that the changes made functioning
' properly, and that the network is stable. Phase two will focus primarily on the Microsoft
Exchange server. This server will be reconfigured to merge with the re- architected active
directory domain. Upon completion of this phase, the users will have a much more robust email
system with easy remote access (including Pocket PC, Blackberry, and Palm Treo devices). In
' addition, this server will provide many collaboration tools such as master calendars, shared
calendars and contacts. The following is a description of the two phases:
1. Phase 1. — Network Re- Architecture: This phase will focus on
' implementing all recommendations in the Technical section with the exception of the
email server (Microsoft Exchange Server) This phase will address the security issues with
the open ports, the anonymous login, the login scripts, the DHCP and DNC servers, as
well as setting up the user support with the issue tracking database for technical support.
' This phase will require approximately 5 days to complete including all work done on
servers, firewall, and workstations.
2. Phase II. — MS Exchange Server: The Microsoft Exchange server
will be reconfigured to be the only email server. The outside (POP) hosted server will be
eliminated. The exchange server will be configured to provide fully synchronized emails,
calendars, contacts and other critical items, within the City's network as will as through
remote access and web access. This system is considerably more user friendly as it will
synchronize all emails received and sent and also any changes to calendar appointments
and contact listings, whether the web access is used or MS Outlook was used. This also
applies to smart phones and PDA's accessing emails. This phase will require 2 days to
' complete.
' 9. COST ESTIMATES
SBR's cost estimates are based on the type of work done. As it applies to the projects outlined above, there
will be two categories of consulting services provided. The first category is the Engineer /Consultant role.'
' This role applies during the re- architecture and consulting and design phases. The second category is based
on the normal day to day network administration and technical support of the network. The network
administrator provides day -to -day support for all servers, firewall, computers, printers, and address all user
issues as they are reported. In addition the network administrator is charged with the responsibility of
' proactively maintain all network systems including the backup system, the antivirus software, as well as
update all systems with the appropriate software patches.
Engineer / Consultant
Network Administrator
Strategic Business Resources, Inc. Page 10
$125 per Hour
$110 per Hour
August 2006
I
of Rosemead
I
Assessment
1
1
1
1
1. Phase 1— Network Reconfiguration:
Time estimate to complete all Phase 1 Recommendations: 40 Hours
Engineering / Consulting Rate: $ 125 per Hour
Total Cost for Phase 1. $ 5,000
2. Phase 11— Microsoft Exchange Server:
Time Estimate to complete Phase 11: 16 Hours
Engineering / Consulting Rate: $ 125 per Hour
Total Cost for Phase 11. $ 2,000
3. Ongoing Technology Management & Technical Support: This item focuses on
providing technology management services including proactive network administration
and technical support. This includes all servers, firewall, backup, antivirus, all
workstations and printers, and addressing all user issue and problem resolution. This
item contemplates a combination of onsite and remote support, with same day remote
response and next day onsite support. In order to ensure the long term viability of the
network, SBR recommends that weekly site visits be conducted to proactively maintain
all critical systems, as well as to address any user issues. In the even of an emergency
SBR will respond through remote access within 2 hours of receiving the emergency call.
SBR estimates that 4 -6 hours are needed on a weekly basis to maintain all network
systems as well as respond to all user issues. Additional time will be provided as needed.
The hourly rate for network administration and technical support is $110 per hour
Strategic Business Resources, Inc. Page 11 August 2006
A. Data Management Cost Estimates: Some of the costs of involved in this section
'
will be resolved as a result of reconfiguring the network. Issues such as file sharing and access to
departmental files will be addressed in the network reconfigurations. Other items such as the
document management system and providing electronic document archives will involve a team of
'
City staff members. SBR will provide a consultant on an as needed basis to facilitate meeting and
work with the team to develop the requirements and the implementation plan. Once the
requirements and implementation plan is developed, a cost estimate may be prepared.
'
B. Business Process Improvement Cost Estimates: This recommendation will require the
involvement of a team of staff members. SBR will provide a consultant that will facilitate
meetings and provide the technical expertise needed to define the requirements. The solution will
be based on the outcome of these meeting. The full cost of implementation will depend on the
'
software solution selected based on the requirements developed by the team.
C. Technical Issues Cost Estimates: The cost estimates are based primarily on project
based scenarios outlined previously. The two primary projects (Phase 1 and Phase 1I.) The cost
'
estimates will be based on the engineer /consultant rate. The overall projects budgets are as
follows:
1
1
1
1
1. Phase 1— Network Reconfiguration:
Time estimate to complete all Phase 1 Recommendations: 40 Hours
Engineering / Consulting Rate: $ 125 per Hour
Total Cost for Phase 1. $ 5,000
2. Phase 11— Microsoft Exchange Server:
Time Estimate to complete Phase 11: 16 Hours
Engineering / Consulting Rate: $ 125 per Hour
Total Cost for Phase 11. $ 2,000
3. Ongoing Technology Management & Technical Support: This item focuses on
providing technology management services including proactive network administration
and technical support. This includes all servers, firewall, backup, antivirus, all
workstations and printers, and addressing all user issue and problem resolution. This
item contemplates a combination of onsite and remote support, with same day remote
response and next day onsite support. In order to ensure the long term viability of the
network, SBR recommends that weekly site visits be conducted to proactively maintain
all critical systems, as well as to address any user issues. In the even of an emergency
SBR will respond through remote access within 2 hours of receiving the emergency call.
SBR estimates that 4 -6 hours are needed on a weekly basis to maintain all network
systems as well as respond to all user issues. Additional time will be provided as needed.
The hourly rate for network administration and technical support is $110 per hour
Strategic Business Resources, Inc. Page 11 August 2006
1
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