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CC - Item 5D - First Amendment to the Professional Services Agreement with Max Power TechnologyROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER<qA---/ DATE: AUGUST 9, 2022 SUBJECT: FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MAX POWER TECHNOLOGY SUMMARY On December 10, 2019, the City of Rosemead ("City") approved a Professional Services Agreement ("Agreement") with Max Power Technology, LLC ("Max Power") for information technology services for a three-year period, with two one-year optional renewals. The initial Agreement is set to expire in December 2022, and it is recommended that the City Council exercise the optional renewal for a period of one-year in an amount not to exceed $119,700, which is a $5,700 increase from the initial three-year period (Attachment A). This is the first amendment with Max Power, and all other terms and conditions set forth in the original Agreement will remain in effect. The City Manager's Office oversees all citywide information technology services, contract administration, infrastructure and network upgrades, and other areas of focus. All information technology system requests and projects are handled by Max Power, with City staff assisting with internal support and management. Max Power is responsible for providing one full-time on-site support technician during business hours for the daily administration of the City's information technology systems, including: providing adequate backup staffing to address significant and immediate problems, developing backup plans and procedures, providing end-user training as needed, implementing technology protocols for enforcement of all City IT policies, generating quarterly hardware and equipment inventory reporting, offering desktop "help desk" support, executing computer operations and security administration support, assisting with planning and project management, and maintaining effective communication regarding ongoing projects. Throughout the current Agreement, Max Power has successfully implemented the citywide network infrastructure upgrade, setting up all users with two-step factor authentication, increased e-mail security to prevent malicious activity, migrated the former physical financial system to AGENDA ITEM 5.1) City Council Meeting August 9, 2022 Page 2 of 2 cloud -based servers, completed a citywide equipment inventory, completed a surplus of obsolete technology hardware, and successfully upgraded and improved the City's firewall security. Currently, Max Power is working on planning the implementation of a citywide server upgrade, assisting with access control and camera system upgrades, and will be supporting the City with network integration of new email retention policy, potential website and domain upgrades, and other ongoing technology projects. The current Agreement with Max Power is for $114,000 annually. Due to recent increases in the Consumer Price Index for the Los Angeles metropolitan area, Max Power has requested a 5% CPI adjustment or $5,700 for a one-year period. Over the last 12 months, the CPI has increased by 8.6% (June 2021 to June 2022) and, therefore, it is recommended that the increase be approved, for a total cost of $119,700. STAFF RECOMMENDATION It is recommended that the City Council approve, authorize, and direct the City Manager to execute the First Amendment to the Professional Services Agreement with Max Power Technology in amount not to exceed $119,700 for a period of one year. FISCAL IMPACT Sufficient funding is available in the Fiscal year 2022/23 General Fund budget for information technology contract services. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: M.4. Michael Bruckner Assistant City Manager Attachment A: First Amendment with Max Power Technology, LLC Attachment A First Amendment with Max Power Technology, LLC FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (MAX POWER TECHNOLOGY, LLC) This FIRST AMENDMENT ("Amendment') is made and entered into this _ day of 2022 ("Effective Date"), 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 Blvd., Rosemead, California 91770 ("City') and Max Power Technology, LLC with its principal place of business at ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as 'Parties." WHEREAS, City and Consultant entered into a three (3) year agreement on December 10, 2019, for professional information technology services (the "Agreement'); and WHEREAS, this Agreement is set to expire on December 10, 2022; and WHEREAS, the Agreement permits the City and the Consultant to mutually agree to extend the term of the Agreement for up to two (2) one-year extensions; and WHEREAS, City has requested Consultant to provide an additional year of professional information technology services through December 10, 2023; and WHEREAS, Consultant has requested a 5% Consumer Price Index ("CPP') adjustment totaling $5,700 for a total annual compensation not to exceed $119,700; and WHEREAS, the Parties have agreed to a one-year extension with all other terms and conditions set forth in the original Agreement remaining in effect; and WHEREAS, the City Council authorizes the City Manager to execute the Amendment on behalf of the City. NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3.1.2 " Term" shall be amended to read: Section 3.1.2 Term. The term of this Agreement shall be extended for an additional one-year term from December 10, 2022, to December 10, 2023, with the remaining option for one (1) additional one (1) year extension at the sole and absolute discretion of the City, 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. SECTION 2. Section 3.3.1 "Compensation" shall be amended to read Section 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed one hundred and nineteen thousand seven hundred dollars ($119,700) annually. The City agrees to pay Consultant a fee of nine thousand nine hundred seventy-five dollars ($9,975) a month. Extra work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. SECTION 3. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. SECTION 4. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF ROSEMEAD AN Ben Kim, City Manager MAX POWER TECHNOLOGY, LLC Name: Jairo E Tzunun Attest: Title: Chief Operating Officer City Clerk (If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED) BY: BY: 1' a� Rachel Richman, City Attorney Name: Jose R Gonzalez Title: Chief Technology Officer 2