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HomeMy WebLinkAboutAgreement - EPC IT Solutions Inc. - Fifth Amendment to Agreement fo Services - Signed 2020-02-26-PCit 9IUhoY)3 City of Gilroy Agreement/Contract Process �5t, Rymndvar Cola�lip All agreements and a sample insurance endorsement can be found on the "G" drive, under G:\cityinfo\FORMS\PURCHSG\City Standard Agreements\New Versions There are eight (8) standard City contracts: • Services $5K or less — CONSULTANT • Services $5K or less — CONTRACTOR — Design Professional • Services $5K or less — CONTRACTOR — ENG OR DESIGN • Services $5K or less — CONTRACTOR — NO ENG OR DESIGN • Services over $5K — CONSULTANT • Services over $SK — CONTRACTOR — Design Professional • Services over $5K — CONTRACTOR — ENG OR DESIGN • Services over $5K — CONTRACTOR —NO ENG OR DESIGN WORK Note: Non-standard contracts must be reviewed by the City Administrator, prior to initiating Choose the agreement/contract that meets your needs and fill out all information required: ➢ Date of Contract ➢ Contractor/Consultant name and complete address ➢ Terms of the agreement (start date, completion date or "until project completion", cap of compensation to be paid) ➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢ Taxpayer ID or Social Security # and Contractors License # if applicable ➢ Contractor/Consultant signer's name and title ➢ City Administrator or Department Head Name (based on amount of contract — see page 2 for these guidelines), City Clerk (Attest), City Attorney (Approved as to Form) Print one original copy. Send to the contractor for signature and initial of Article I, and request certificate(s) of insurance and endorsement. When agreement is returned make sure all required documents are included: exhibits, insurance, security bonds. Forward the contract to the City Clerk's office with this check off sheet and input your name below. The contract will be entered into our e-signature system and will be forwarded to Risk Management for insurance review, then on to the City Attorney, the City Administrator or Department Head, and back to the City Clerk for signature. Once fully executed, the City Clerk's Office will forward an electronic copy of the signed contract back to the staff person who originated it. Original contracts are kept in the City Clerk's Office for records retention. Contract Routing Steps for Electronic Signature TYPE OF PROCURMENT EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, Pam., pipe manholes, office supplies, fuel, tools, PPE items, etc... GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc... PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc... CONSTRUCTION/ PUBLIC WORKS PROJECTS Building repair or maintenance of public facility or street, sidewalk or park, Capital improvements STAFF LEVEL $0-$999.99 • Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards • Vendor selection at discretion of staff • May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Payment Request signed by the Purchasing Coordinator (sole proprietor or partner) • Vendor selection at the discretion of staff • Purchase Summary Form w/ Purchasing Approval • Standard Agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order DOLLAR THRESHOLD / SIGNING AUTHORITY DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $1,000-$49,999.99 1 $50,000-$99,999.99 $100,000-Above • Informal bid/quotation — 3 quotes (verbal or written) • Purchasing Summary form w/ Purchasing Approval • Purchase Requisition Payment Method Purchase Order • Informal bid/quotation — 3 quotes (verbal or written) • Purchasing Summary form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to at least 3 consultants • Purchase Summary Form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Informal bid/quotation — 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Purchase Requisition Payment Method Purchase Order • Informal Bid/RFP quotation — 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to a list of consultants • Evaluation Spreadsheet w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal Bid • Advertisement • Council Approval • Purchase Requisition signed by City Administrator Payment Method Purchase Order • Formal Bid/RFP/RFQ • Advertisement • Council Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal RFP/RFQ • Advertisement • Council Approval • Standard Agreement signed by City Administrator • Purchase Requisition Payment Method Purchase Order DOLLAR THRESHOLD (PER CITY CHARTER) $0 - $999.99 1 $1,000-$34.999.99 1 $35,000 — Above • Vendor selection at the discretion of staff • Standard agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order • Informal bid /3 quotes • Purchase Summary form • Standard Agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order • Formal Bid & Advertisement • Council Approval • Standard Agreement signed by Department Head or City Administrator ($50,000+) • Purchase Requisition Payment Method Purchase Order Fifth 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, City and EPC IT Solutions Inc. entered into the third amendment to the Original Agreement, effective on February 7, 2017; WHEREAS, City and EPC IT Solutions Inc. entered into the fourth amendment to the Original Agreement, effective on August 8, 2018; 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 $48,250.00. 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 June 30, 2020 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 $829,490.00." 3. Exhibit "B" ("Scope of Services") of the Original Agreement, shall be removed and replaced with the attached Exhibit "B". 4. This Amendment shall be effective on October 23, 2019. 5. 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. 6. 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. 4829-0654-6345v1 CCHU104706083 I [signature]— `\ Gabriel A. Gonzalez V [employee name] City Administrator j [titleidepartmmt] Date: J 2!t �mzD Approved as to Form City Attorney By: �ce�art¢l� [Signatuml Scott Cornell Director of Sales 48294654-6345vi CCHUk04706083 -i- THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 The City of Gilroy its Officers, officials and employees 7351 Rosanna Street Gilroy CA 95020 Account Information: Policy Holder Details: EPC COMPUTER SOLUTIONS INC February 4, 2020 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (877) 287-1312 Fax: (868) 443-6112 Email: agency.services(d)thehartford.com Website: httos://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 Scott Golden From: Chu, Cindy <Cindy.Chu@berliner.com> Sent: Wednesday, October 09, 2019 10:48 AM To: Scott Golden Cc: Andy Faber, Jolie Houston Subject: RE: Contract Amendment for EPC Consulting Services Attachments: Fifth Amendment to Agreement for Services between City and EPC vl.doc Hi Scott, A very minor change. Whenever an amendment is referencing the amended language, as in provisions 1 and 2 of this Amendment which both state in relevant part, "...Original Agreement shall be amended to read as follows:..." the amended language that follows should be in quotations. I added the quotation marks to the amended language in the first provision. See attached document. The amendment otherwise is fine as to form. Regards, Cindy Cindy Chu I Attorney Cindv.Chu@berliner.com BERLINER COHO..EN ca.o..en so... San Jose I Modesto I Merced 10 Almaden Blvd., Eleventh Floor I San Jose, California 95113 1408.286.5800 1 F 408.998.5388 1 www.berliner.com ® U © W CONFIDENTIALITY NOTICE: This message may contain information that is attorney -client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. Please consider the environment before printing this email. From: Scott Golden <Scott.Golden@ci.gilroy.ca.us> Sent: Tuesday, October 08, 2019 2:00 PM *epc. IT SOLUTIONS 1324 El Camino Real • Belmont, CA 94002 • 650-592-4372 Professional Services Statement of Work October 9, 2019 Prepared for: Scott Golden — IT Director City of Gilroy Prepared By Scott Cornell Sales Manager cornell@epcits.com/408-300-4983 yr; epc. I T 5 0 l U T I 0 N 5 STATEMENT OF WORK Description 1. EPC will provide Network Engineer expertise - Onsite Managed Network Services (16 hours per week), Network Assessment, Network Administrator expertise Network Configuration Services (24 hours per month) ($135,000 annually): a. Network equipment and port audit. In the current environment essentially every network connection (port in the wall) is plugged into a switch. A considerable number of those connections are not in use. This work will validate physical port usage across the agency to prepare for equipment replacement. There will also be an overall evaluation of the equipment to determine if it is appropriately matched for the environment. This audit will help ensure that Gilroy is not overspending on equipment, buying greater capacity or more ports than what is actually needed. b. Network design and security review. The network design review will identify areas that could be simplified for better network organization. The security review will help Gilroy to continue to improve its overall security posture. Advancing Gilroy's network security protection is an ongoing initiative. C. Network equipment configuration and replacement. Fully refresh the aging network equipment throughout all City facilities with improved procurement decision making from the information derived in the above work. 2. Cabling services for City facilities ($15,000 annually) — provide for cabling installation services as needed. In many work areas City facilities do not currently have ePC IT Solutions -Confidential Page 2 of 3 October 9, 2019 ,5ffi* epc. I T S O L U T I O N S the necessary network cable infrastructure for optimum performance in a modern organization. 3. Procurement of City core -wired network infrastructure. Proof of concept testing for Cisco and Meraki infrastructure, and development of Cisco/Meraki approved Bill of Materials ($70,841.91) 4. Procurement of City edge wired network infrastructure. Proof of concept testing for Cisco and Meraki infrastructure, and development of Cisco/Meraki approved Bill of Materials ($83,407.12) ***End of document ePC IT Solutions -Confidential Page 3 of 3 October 9, 2019