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HomeMy WebLinkAboutEPC IT Solutions - 2015 Agreement - Amendment No. 3Third AMENDMENT TO AGREEMENT FOR SERVICES WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and EPC IT Solutions Inc. entered into that certain agreement entitled AGREEMENT FOR SERVICES, effective on July 13, 2015, hereinafter referred to as "Original Agreement "; and WHEREAS, City and EPC IT Solutions Inc. entered into the first amendment to the Original Agreement, effective on December 14, 2015; WHEREAS, City and EPC IT Solutions Inc. entered into the second amendment to the Original Agreement, effective on May 24, 2016; WHEREAS, under the Original Agreement and the first and second amendments thereto, City has paid to EPC IT Solutions Inc. compensation equal to $331,720 for services performed; WHEREAS, City and EPC IT Solutions Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement, consistent with the Statement of Work enclosed herewith providing for additional work and services totaling $180,840. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. ARTICLE 1. TERM OF AGREEMENT, of the Original Agreement shall be amended to read as follows: This agreement will continue in effect through January 31, 2018 unless terminated in accordance with the provisions of Article 7 of this Agreement. 2. ARTICLE 4. COMPENSATION, Section A. Consideration, of the Original Agreement shall be amended to read as follows: In no event however shall the total compensation paid to CONSULTANT exceed $512,560. 3. This Amendment shall be effective on February 6, 2017. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY EPC IT Solutions Inc. By: By: [signature] Gabriel A. Gonzalez [employee name] City Administrator [title /department] 4838-M-80060 _1 MBRANSON104706038 Steve C. EVP [name] [title] STATEMENT OF WORK Services To Be Covered Under This Agreement: EPC will provide staffing resources to accommodate Helpdesk augmentation and IT administration for The City of Gilroy during normal business hours. This agreement provides hourly rates for IT services offered under CMAS Contract # GS- 35F- 0050L. EPC Service Responsibilities EPC will assign qualified technicians to support THE CITY OF GILROY's Helpdesk and Network Administration requirements. These services are to be offered at an hourly rate based upon the CMAS service level as specified in the Pricing section below. EPC requests 2 weeks notification for an increase or reduction in the number of technicians needed, as well as if there is an increase or reduction in the number of days or hours required. Services to be covered under this agreement include: • Technical Assistance includes problem resolution services related to technical issues involving the current network infrastructure and its components. . • Remote Access: As a part of the resolution process, EPC may access CITY OF GILROY's equipment via VPN, dial -up or the Internet to analyze problems. Remote access may be a requirement for resolving issues remotely and CITY OF GILROY shall be informed prior to conducting remote support. • Multi- Vendor coordination: EPC will work with HP and other technology vendors, when necessary to resolve problems in a heterogeneous environment, sharing diagnostic information and collaborating to provide a resolution. • Provide IT Security solutions that includes, installation, prevention, and monitoring technologies. Creating VLAN's and implementing Best - Practice Policies on the Network • Provide Cabling and for wireless and wired for both, inside and outside facilities • Network Assessment and configuration of the WAN and LAN for the CITY OF GILROY Customer Responsibilities 1. Notify EPC of any changes, moves, deletions, additions made to the CITY OF GILROY'S. 2. Provide a list of all CITY OF GILROY personnel that you have authorized to contact EPC. This list is to include the name of a point of contact prior to delivery of equipment to CITY OF GILROY premise. 3. Provide valid and applicable serial numbers, passwords, equipment roles, documentation for all products specified in equipment list. 4. For some incidents the resolution may be dependent upon the CITY OF GILROY upgrading to the latest version of code. Examples of this include but are not limited to Licensed Software / OS installed on all equipment. ePC IT Solutions - Confidential March 20, 2017 Page 1 of 3 5. CITY OF GILROY may be asked to perform problem determination activities as suggested by EPC. Problem determination activities may include performing network traces, capturing error messages and providing configuration information. CITY OF GILROY may also be requested to perform problem resolution activities including changing equipment configurations, installing new versions of code or new components or modifying processes. CITY OF GILROY agrees to cooperate with such requests. 6. CITY OF GILROY is responsible for procuring, installing and maintaining all equipment, telephone lines, communication interfaces and other hardware at CITY OF GILROY site while providing EPC with access to CITY OF GILROY's facilities as required to operate the version of code / licensed software and permitting EPC to perform the service called for by this agreement. MMOK —73=411ANTMMA 1. 1_1 1. Any customization of, or labor to install hardware and /or software outside of what is specified on the provided equipment list. 2. Furnishing of accessories or the replacement of expendable parts (for example, cables, blower assemblies, power cords, and rack mounting kits). 3. Electrical or site work external to the Products. 4. Support or replacement of Product that is altered, modified, mishandled, destroyed or damaged by one or more of the following: (i) natural causes; (ii) environmental effects; (iii) your failure to take any required actions; (iv) misuse of the product or use other than as specified in the applicable vendor supplied documentation; or (v) an act or omission of a third party. 5. Any Hardware and /or memory upgrade required to run new or updated Software. 6. Service for Hardware that is installed outdoors or that is installed indoors but requires special equipment to perform such Service (for example, hoists, harness, and ladders in excess of 8 feet). 7. Support for Product for which you are unable to provide us a valid and applicable serial number. In the event that you are unable to provide a valid and applicable serial number(s) for Product and we agree to provide Services then the fees payable by you shall be at our then - current time and materials rates. Problem Priority Definitions P1— Urgent: The existing network is hard down and is presenting a critical impact to the customer's business operations. EPC will commit full time resources to resolve the problem. P2 - High: Operation of the existing network is severely degraded, or significant aspects of the customer's business operation are negatively impacted by the network performance. EPC and Customer will commit full time resources during contracted hours to resolve the problem. P3 - Medium: Operational performance of the network is impaired, while most business operations remain functional. EPC and Customer are willing to commit resources during Standard Business Hours M -F 8am to 5 pm to resolve the problem. P4 - Low: Request for information or assistance on product capabilities, installation or configuration with little or no impact to the overall business operations. EPC and Customer are willing to provide resources during Standard Business Hours M -F 8am - 5pm to provide information or assistance as requested. ePC IT Solutions - Confidential March 20, 2017 Page 2 of 3 Escalation Guidelines Standard Holidays Standard business hours are 8:OOam to 5:OOpm PST Monday through Friday, excluding these holidays observed by EPC. EPC reserves the right to add other holidays. *New Year's Day *Memorial Day *Thanksgiving Day 'Martin Luther King Jr. Day *Independence Day *Day after Thanksgiving "President's Day *Labor Day *Christmas Eve *Good Friday *Veteran's Day *Christmas Day This Contract Falls under the CMAS Contract 3- 14- 70 -311A Base GSA Scheduled Number GS- 35F -0050L SIN 132 -51 IT Professional Services Terms of agreement include minimum hours of service per week, excluding holidays and mandatory vacation and /or work furloughs recognized and /or enacted by the CITY OF GILROY. Contract Personnel, Rates, and Service Description: Personnel Designation Description Res and Resolve Priority 1 etwork down / Urgen 15 Minute NA IT Director Issues Network management, Priority 2 Network severely 30 Minute NA degraded security design and implementation Priority 3 General requests; low 2 Hours NA impact problems Networking, and application Priority 4 Scheduled outages Scheduled Scheduled Standard Holidays Standard business hours are 8:OOam to 5:OOpm PST Monday through Friday, excluding these holidays observed by EPC. EPC reserves the right to add other holidays. *New Year's Day *Memorial Day *Thanksgiving Day 'Martin Luther King Jr. Day *Independence Day *Day after Thanksgiving "President's Day *Labor Day *Christmas Eve *Good Friday *Veteran's Day *Christmas Day This Contract Falls under the CMAS Contract 3- 14- 70 -311A Base GSA Scheduled Number GS- 35F -0050L SIN 132 -51 IT Professional Services Terms of agreement include minimum hours of service per week, excluding holidays and mandatory vacation and /or work furloughs recognized and /or enacted by the CITY OF GILROY. Contract Personnel, Rates, and Service Description: Personnel Designation GSA Hourly Rate Level of Expertise IT Director $179.50 Network management, routing, switching,storage, virtial ization, security design and implementation Applications Architect III $120.00 Helpdesk as well as intermediate Networking, and application management Computer Systems Analyst $80.00 Basic Troubleshooting/Trouble Ticket resolution ePC IT Solutions - Confidential March 20, 2017 Page 3 of 3 EPCCO -1 OP ID: KD ACORN CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDmmr) 02/1612017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER San Jose Insurance Agency Inc. Atlantic - Pacific Ins. Brokers CONTACT NAME: PHONE FAX A/c No Ext : A/C No): E -MAIL ADDRESS: 2542 S. Bascom Ave #280 Campbell, CA 95008 San Jose Insurance Agency INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hanover Insurance Company INSURED EPC Computer S_ olutions, INSURER B: Hartford Insurance Group 29424 1324 EI Camino Real Belmont, CA 94002 INSURER C:Oak River Insurance Company X COMMERCIAL GENERAL' LIABILITY X 970188604 INSURER D: 10/01/2017 INSURER E: CLAIMS -MADE a OCCUR INSURER F : CnVFRAnFR CFRTIFICOTF NIIMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BE_ EN REDUCED BY_ _PAID CLAIMS. INSR LTR TYPE'OF INSURANCE ADDLSUSR POLICY NUMBER POLICY //DONYYY POLICY /YY Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,00 PREMISES Ea occurrence $ 300,00 A X COMMERCIAL GENERAL' LIABILITY X 970188604 10/0112016 10/01/2017 CLAIMS -MADE a OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 $ X POLICY F PROT F7 LOC AUTOMOBILE LIABILITY MBINED Ea a.dentSINGLE LIMIT 11000,00 BODILY INJURY (Per person) $ B X ANY AUTO 57UECAM3472 10/04/2016 10/04/2017 BODILY INJURY (Per accident) - - $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N/A EPWC600644 01/02/2017 01/02 /2018 X I WC STATU- 0TH - ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If YYes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,006,000 A Professional E&O 970188603 10/01/2016 1010112017 PEO 1,000,00 Ded 5,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is named as additional insured with repsects to the insured operations CITYGIL City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION D_ ATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. . AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Hlanwer Insurance Group_ OHF9701886 5701132 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERAMONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Gilroy its Officers, Officials and employees 7351 Rosanna Street Gilroy CA 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II - Liabilliity: Any person(s) or' organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury" or "property damage ", caused, in whole or in part, by "your work" at the location designated and de- scribed in the Schedule of this endorsement per- formed for that additional insured and included in the "products - completed operations hazard ". 391 -1602 1211 Includes copyrighted material of Insurance Services Offices, Inc., with its permission page 1 of 1