agenda report agenda...agenda report meeting date: november 18, 2014 agenda item # _____ city...

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The City of Red Bluff is an Equal Opportunity Provider TO: Honorable Mayor and Members of the City Council FROM: Rick Crabtree, City Manager SUBJECT: Award of Information Technology Services Contract RECOMMENDED COUNCIL ACTION: Approve the proposed Computer System Maintenance and Information Technology (IT) Services Agreement with APEX Technology Management, Inc. and the Supplemental Appropriations as detailed in the City Fiscal Impact Section. SUMMARY: After a lengthy selection and review process, the City’s Information Technology (IT) Committee unanimously recommends the selection of APEX as the City’s next IT services provider and recommends approval of the proposed Agreement. PREVIOUS COUNCIL ACTION: The City Council approved an IT services contract with Computer Logistics in October of 2010. After two one year extensions, that contract expired in November 2013. The City has been operating on a month-to-month basis with Computer Logistics since then. In February 2014, the City Council authorized the circulation of a Request For Proposals (RFP), soliciting proposals for a qualified vendor to provide IT services to the City. The RFP solicited proposals to provide unlimited support of the City’s computers and systems for a flat monthly fee. DISCUSSION: The City received proposals from Computer Logistics, APEX and West Coast Innovations. The key elements of each proposal are summarized in the attached table. Originally, it appeared that Computer Logistics was the low bidder in response to the RFP, and the City’s IT Committee recommended going with Computer Logistics. However, when a draft contract was circulated it became apparent that Computer AGENDA REPORT Meeting Date: November 18, 2014 Agenda Item # ______ City Manager Approval:

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The City of Red Bluff is an Equal Opportunity Provider

TO: Honorable Mayor and Members of the City Council FROM: Rick Crabtree, City Manager SUBJECT: Award of Information Technology Services Contract RECOMMENDED COUNCIL ACTION: Approve the proposed Computer System Maintenance and Information Technology (IT) Services Agreement with APEX Technology Management, Inc. and the Supplemental Appropriations as detailed in the City Fiscal Impact Section. SUMMARY: After a lengthy selection and review process, the City’s Information Technology (IT) Committee unanimously recommends the selection of APEX as the City’s next IT services provider and recommends approval of the proposed Agreement. PREVIOUS COUNCIL ACTION: The City Council approved an IT services contract with Computer Logistics in October of 2010. After two one year extensions, that contract expired in November 2013. The City has been operating on a month-to-month basis with Computer Logistics since then. In February 2014, the City Council authorized the circulation of a Request For Proposals (RFP), soliciting proposals for a qualified vendor to provide IT services to the City. The RFP solicited proposals to provide unlimited support of the City’s computers and systems for a flat monthly fee. DISCUSSION: The City received proposals from Computer Logistics, APEX and West Coast Innovations. The key elements of each proposal are summarized in the attached table. Originally, it appeared that Computer Logistics was the low bidder in response to the RFP, and the City’s IT Committee recommended going with Computer Logistics. However, when a draft contract was circulated it became apparent that Computer

AGENDA REPORT

Meeting Date: November 18, 2014 Agenda Item # ______ City Manager Approval:

The City of Red Bluff is an Equal Opportunity Provider

Logistics’ proposal was not for unlimited support as sought in the RFP. Instead, Computer Logistics inserted language limiting support hours to 48 hours per month, with extra hourly charges for work in excess of 48 hours. Thus, Computer Logistics’ actual proposal was not responsive to the RFP. Nevertheless, the City Manager entered into a series of discussions with Computer Logistics in an effort to arrive at a proposed agreement which the City Manager could recommend to the City Council. These efforts took place over a number of months. Computer Logistics, however, requested numerous contract amendments which increased burdens on the City and restricted services provided by Computer Logistics. The City IT Committee (Chris Hurton, Vinnie Pagnano, Rick Crabtree, Bruce Henz, Sandy Ryan and Kyle Sanders) met on October 29, 2014, to again review all of proposals received by the City. After a lengthy discussion, the IT Committee unanimously agreed to recommend the Modified Platinum proposal submitted by APEX. The recommended APEX proposal is responsive to the City’s RFP in that it provides unlimited support hours. As confirmed in the attached email from APEX President Scott Putnam, the plan includes unlimited emergency support, even after hours and on weekends or holidays. APEX will provide unlimited remote and on-site repairs and maintenance as needed. Where possible, repairs/maintenance will be performed remotely. The proposal provides an incentive for APEX to keep the City’s systems up to date and running properly (i.e., a well maintained system should have fewer breakdowns, calls for service, etc.). The recommended proposal is more expensive than the City had budgeted, but it provides predictability for budget forecasting.

The City of Red Bluff is an Equal Opportunity Provider

CITY FISCAL IMPACT:

Department # of

computers Percentage Cost- Jan-

June

Est. Expenses- July-Dec Budget

Supp. Approp.

City Manager 2 0.03 1,478.83 520.00 1,900.00 (98.83)

City Building 1 0.01 739.42 775.00 1,000.00 (514.42)

Finance Dept. 8 0.11 5,915.33 2,065.00 7,500.00 (480.33)

HR Dept. 2 0.03 1,478.83 520.00 1,900.00 (98.83)

Engineering Dept. 3 0.04 2,218.25 593.00 2,800.00 (11.25)

Police Dept. 26 0.36 19,224.83 20,500.00 26,800.00 (12,924.83)

Fire Dept. 9 0.13 6,654.75 2,745.00 8,400.00 (999.75)

Comm. Ctr. 2 0.03 1,478.83 1,765.00 1,900.00 (1,343.83)

Planning Dept. 3 0.04 2,218.25 55.00 2,161.00 (112.25)

Building Dept. 4 0.06 2,957.67 1,985.00 2,161.00 (2,781.67)

Water 5 0.07 3,697.08 1,035.00 2,049.00 (2,683.08)

Streets 5 0.07 3,697.08 1,290.00 400.00 (4,587.08)

Waste water 2 0.03 1,478.83 300.00 500.00 (1,278.83)

Total Computers 72 Total Percentage 1.00 Total Cost 8873*6 53,238.00

General Fund Total 38,449.67 51,250.00 28,607.50 (15,800.17)

The table above shows that the general fund would need $15,800 more to finish out the current year with the new contract. ATTACHMENTS:

A. Summary of IT Proposals. B. Email communication from Scott Putnam, APEX President C. Proposed Contract With APEX for IT Services.

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Computer

Logistics

Apex-Platinum Apex – Modified

Platinum

Apex-Modified

Silver #1

Apex-Modified

Silver #2

West Coast

Monthly Cost

$5,500. $10,931 $8,873 $5,430 $6,970 $9,800

Hour Limitation

On-site: 48 hours

per month.

Remote:

unlimited help

desk support

during normal

business hours.

Unlimited on-

site and remote

hours within

scope of

contract.

Minimum of one

scheduled on-site

visit per week.

Unlimited on-

site and remote

hours within

scope of

contract. (On-

site visits at

discretion of

Apex)

37 hours/month,

(inclusive of on-

site and remote

services. Routine

scheduled

maintenance

included within

hour limits.)

55 hours/month

(inclusive of on-

site and remote

services. Routine

scheduled

maintenance

included within

hour limits.)

80 hours/

month

(including on-

site and

remote

services)

Hourly rate for

Excess Hours or

Out of Scope

services:

$90: 8-5 M-F

$135: 5-9 pm M-

F

$180: 9pm- 8

am, plus

weekends and

holidays. (plus

$30/hour

surcharge after

midnight or on

weekends or

holidays)

Unlimited hours

within scope.

$125/hour for

special projects.

(time and a half

rates apply to

special projects

after 6:30 pm M-

F and on

weekends or

holidays)

Unlimited hours

within scope.

$125/hour for

special projects.

(time and a half

rates apply to

special projects

after 6:30 pm M-

F and on

weekends or

holidays)

$140

(time and a half

rates apply to

work after 6:30

pm M-F and on

weekends or

holidays)

$140

(time and a half

rates apply to

work after 6:30

pm M-F and on

weekends or

holidays)

$115

Travel Time:

Billed for on-site

services.

Billed only for

special projects

Billed only for

special projects.

Counts against

hour limits.

Counts against

hour limits.

Included for

normal

weekly visit,

charged for all

other visits.

SUMMARY OF IT SERVICES PROPOSALS

EXHIBIT A

5

Miscellaneous

provisions:

- City required to

provide training

to Computer

Logistics staff re

specialized

programs.

- City required to

provide remote

access to

Computer

Logistics.

-No warranties

regarding

service.

-$30/hour

surcharge for

emergency

services after

midnight or on

weekends or on

holidays.

-Excludes

support of

RIMS.

Quote does

not include

evaluation of

existing

assets, will be

billed as a

special

project;

estimated

additional

cost of $4,000

6

From: Scott Putnam [mailto:[email protected]]

Sent: Wednesday, October 29, 2014 2:18 PM To: Rick Crabtree; Josh Greeson

Subject: RE: Next Step? Anything we can do to help?

Hi Rick, That’s great news, I think the City would be extremely pleased with the Platinum plan

and it would really allow us to go the extra mile to be proactive in insuring everything is running

great. With the other plans I still believe there will be adequate hours to give you great service,

but to keep within the budgeted hours we would probably have to spread out the work a bit more

and it might take a little longer to get into great shape. With Platinum we could really come in

and, even if it takes us a bunch of hours, just bang out all of the “deferred maintenance” to get

things very stable and turn everyone into raving fans right away, knowing that things will even

out over the long run. Whichever route you go, I really think you guys will be very pleased.

In regards to your questions, here are the answers:

Does Apex have experience providing IT services to law enforcement agencies? If so, which agencies? Yes, We have worked with a number of law enforcement agencies, including an excellent relationship with the City of Red Bluff Police Department for a number of years while served the City. We’ve also done a lot of work for Shasta County Sherriff’s department and the City of Shasta Lake (contracted LE services through Shasta County Sherriff’s – we provide all IT services to the City of Shasta Lake). We have a number of employees who are already CLETS trained and live scanned and who are very familiar with the PD systems. We also do a very significant amount of work with hospitals and EMS and other first responders.

Under the Modified Platinum Plan, the discount hourly rate of $125/hour applies to out-of-scope special projects; correct?

Yes, That is correct.

For out-of-scope projects under the Modified Platinum Plan, is work during the evening or on weekends/holidays, billed at the hourly rate of 1.5 times $125? Yes, That is correct. Keep in mind that after hours emergencies, including rebuilding a

down server, etc., are included in-scope in the Platinum plan. Also, If we are doing a

project and are working on it after hours or on the weekends for Apex’s

convenience/scheduling, then we would not bill 1.5x for that.

Thank you!

Scott.

7

CITY OF RED BLUFF – CONTRACTUAL SERVICE AGREEMENT (Modified Platinum Plan)

APEX Technology Mangement Inc. Contractor

Computer System Maintenance and Information Technology (IT) Services Project Title

Various

Budget Account Number

This Agreement, made and entered into this ______ of ______, 2014, by and between

the City of Red Bluff, a Municipal Corporation, hereinafter referred to as "City", and

APEX Technology Mangement Inc., (a corporation) hereinafter referred to as

"Contractor".

W I T N E S S E T H:

Section 1 - Organization and Contents

This Agreement is divided into the following sections:

Section/Title Page No.

Section 1 - Organization and Contents 1

Section 2 - Scope of Services - Basic 2

Section 3 - Scope of Services - Additional 2

Section 4 - Compensation 3

Section 5 - Responsibility of Contractor 3

Section 6 - Responsibility of City 4

Section 7 - Indemnification 4

Section 8 - Insurance 4

8.1 - Liability Insurance 4

Section 9 - General Provisions 5

9.1 - Access to Records 5

8

Section/Title Page No.

9.2 - Assignment 6

9.3 - Changes to Scope of Work 6

9.4 - Compliance with Laws, Rules, Regulations 6

9.5 - Independent Contractor 6

9.6 - Permits and Licenses 7

9.7 - Patents 7

9.8 - Amendment 7

9.9 - Control of Work - Direction 7

9.10 - Interpretation of Specifications 7

9.11 - Notice to Proceed; Progress; Completion 8

9.12 - Subcontracts 8

9.13 - Term; Extension; Termination 8

Section 2 - Scope of Services - Basic

Contractor hereby agrees to provide City all work and furnish all labor and materials

necessary to complete in a good, workmanlike and substantial manner, the services

indicated and described in the following exhibits which are by this reference made a part

of this Agreement:

Exhibit "A" Description of City and Government Organization

Exhibit "B" Scope of Work

Exhibit "C" Compensation

References herein to “Scope of Work” refer to the work described in Exhibit B which is

attached and incorporated.

Section 3 - Scope of Services - Additional

It is understood by City and Contractor that it may be necessary for Contractor to

perform or secure the performance of related services which are outside the Scope of

Work as set forth in Exhibit B. In such instance, Contractor shall advise City, in

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advance and in writing, of the need for such additional services, a description of the

proposed services, a cost and time estimate required to perform the proposed services

(if appropriate). Contractor shall not proceed to perform any such additional service

until City has determined that such service is beyond the Scope of Work to be provided

by Contractor and City has given its written authorization to perform or obtain them.

Section 4 - Compensation

Contractor shall be compensated for services rendered to City pursuant to this

Agreement periodically at the rates as set forth in Exhibit "C" and in accordance with all

other applicable provisions of this Agreement. Amounts due to Contractor from City for

services rendered shall be evidenced by the submission to City by Contractor of a

detailed invoice, prepared in a form satisfactory to City, setting forth the services

performed, the time incurred and the amount of compensation due for the period

covered by it. Each such invoice shall be forwarded to City so as to reach it on or

before the fifteenth (15th) day of the month next following the month or months, or other

applicable period, for which the services invoiced were provided. City will make

payment on each such invoice within thirty (30) days of receipt of it, provided, however,

that if Contractor submits an invoice which is incorrect, incomplete or not in accord with

the provisions of this Agreement, then City shall not be obligated to process payment to

Contractor until a correct and complying invoice has been submitted.

Section 5 - Responsibility of Contractor

By executing this Agreement, Contractor warrants to City that Contractor possesses all

of the necessary capabilities, experience, resources and facilities necessary to provide

to City the services contemplated under this Agreement. Contractor further warrants

that Contractor will follow the best current, generally accepted practices regarding the

services rendered under this Agreement.

Section 6 - Responsibility of City

To the extent appropriate to the services contemplated by this Agreement, City shall:

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6.1 Grant access to and make all provisions for Contractor to enter upon City

property as required for Contractor to perform Contractor's services.

6.2 Designate in writing a person(s) to act as City's representative with

respect to the work to be performed under this Agreement. Such

person(s) shall have authority to transmit instructions, receive information,

interpret and define City's policies and decisions with respect to materials,

equipment, elements and systems pertinent to Contractor's services.

6.3 Give prompt written notice to Contractor whenever City observes or

otherwise becomes aware of any defect in the services.

Section 7 – Indemnification

Contractor agrees to indemnify, including the cost to defend, City, and its officer, agents and employees from any and all claims, demand, costs or liability that arise out of, or pertain to, or relate to the actual or alleged negligence, recklessness, or willful misconduct of Contractor and its agents in the performance of services under this Agreement. Section 8 - Insurance

8.1 Liability Insurance. The Contractor shall obtain liability insurance from one

or more insurance companies licensed to do business in the State of

California providing coverage for bodily injury, personal injury and property

damage liability in the amount of at least $1,000,000 combined single limit

for each occurrence. Said insurance coverage shall be evidenced by a

certificate of insurance or such other form of documentation as may be

acceptable to City. Said evidence of coverage shall be executed by an

authorized official of the insurer(s). In addition to the limits of coverage

provided hereinabove, the certificate or other documentation shall also

provide that the City of Red Bluff, its commissions, officers, employees

and agents are named as additional insureds under the coverage

afforded, that the coverage afforded is primary to any and all other

11

coverages which may be available to City in connection with Agreement,

and that the insurer will provide to City at least thirty (30) days prior notice

of cancellation or material change in coverage. Further, City Manager's

Risk Manager may, during the term of this Agreement, based on an

increase in the Consumer Price Index or by reason of the number or types

of claims which have or might result from Contractor's performance under

this Agreement, require Contractor to change the form or modify the limits

of the coverage herein required. In this event, City shall provide

Contractor ninety (90) days prior notice of any such change or

modification of those limits.

Section 9 - General Provisions

9.1 Access to Records. Contractor shall maintain all books, records,

documents, accounting ledgers and similar materials relating to work

performed for City under this Agreement on file for at least one (1) year

following the date of final payment to Contractor by City. Any duly

authorized representative(s) of City shall have access to such records for

the purpose of inspection, audit and copying at reasonable times during

Contractor’s usual and customary business hours. Contractor shall

provide proper facilities to City's representative(s) for such access and

inspection. Contractor shall be entitled to reasonable compensation for

time and expenses related to such access and inspection activities, which

shall be considered to be an additional service to City, falling under the

provisions of Section 3 hereinabove.

9.2 Assignment. This Agreement is binding on the heirs, successors and

assigns of the parties hereto and shall not be assigned by either City or

Contractor without the prior written consent of the other.

12

9.3 Changes to Scope of Work - Basic Services. City may at any time and,

upon a minimum of thirty (30) days' written notice, modify the Scope of

Work to be provided under this Agreement. Contractor shall, upon receipt

of said notice, determine the impact on both time and compensation of

such change in scope and notify City in writing. Upon agreement between

City and Contractor as to the extent of said impacts to time and

compensation, an amendment to this Agreement shall be prepared

describing such changes. Execution of this amendment by City and

Contractor shall constitute the Contractor's notice to proceed with the

changed scope.

9.4 Compliance with Laws, Rules, Regulations. All services performed by

Contractor pursuant to this Agreement shall be performed in accordance

and full compliance with all applicable Federal, State or local statutes and

any rules or regulations promulgated thereunder.

9.5 Independent Contractor. City and Contractor agree that the relationship

between them created by this Agreement is that of contracting parties.

Contractor shall at all times be considered an independent contractor.

Contractor shall be solely responsible for the conduct and control of its

employees and of the work performed under this Agreement. Contractor

shall be free to render services to others during the term of this

Agreement, so long as such activities do not interfere with or diminish

Contractor's ability to fulfill the obligations established herein to City.

9.6 Permits and Licenses. Contractor shall procure all permits and licenses,

pay all charges and fees and give all notices necessary and incidental to

the due and lawful prosecution of the work.

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9.7 Patents. The Contractor shall assume all responsibilities arising from the

use of patented or copyrighted materials, equipment, devices or

processes used on or incorporated in the work.

9.8 Amendment. This Agreement represents the entire understanding of City

and Contractor as to those matters contained herein and may not be

modified or altered except by amendment in writing signed by both parties.

9.9 Control of Work - Direction. City representative(s) designated pursuant to

subsection 6.2 of this Agreement shall decide all questions which may

arise as to the quality or acceptability of materials furnished and work

performed and as to the manner of performance and rate of progress of

the work, all questions which arise as to the interpretation of the

specifications, all questions as to the acceptable fulfillment of the

Agreement on the part of the Contractor and all questions as to claims and

compensation.

9.10 Interpretation of Specifications. Should it appear that the work to be done

or any matter relative thereto is not sufficiently detailed or explained in any

specifications, special provisions, and/or related documents, Contractor

shall apply to the City for such further explanations as may be necessary

and shall conform to such explanations or interpretations as part of the

Agreement, so far as may be consistent with the original intent. In the

event of doubt or question relative to the true meaning of the

specifications, reference shall be made to the City's representative(s),

whose decision thereon shall be final.

9.11 Notice to Proceed; Progress; Completion. Upon execution of this

Agreement by the parties, City shall give Contractor notice to proceed with

the work. Such notice may authorize Contractor to render all of the

services contemplated herein, or such portions or phases as may be

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mutually agreed upon. In the latter event, City shall, in its sole discretion,

issue subsequent notices from time to time regarding further portions or

phases of the work. Upon receipt of such notices, Contractor shall

diligently proceed with the work as authorized.

9.12 Subcontracts. Contractor shall be entitled, upon the written consent of the

City, to the extent determined appropriate by Contractor, to subcontract

any portion of the work to be performed under this Agreement. Contractor

shall be responsible to City for the actions of persons and firms performing

subcontract work. The subcontracting of work by Contractor shall not

relieve Contractor, in any manner, of the obligations and requirements

imposed upon Contractor by this Agreement.

9.13 Term; Extension; Termination. The term of this Agreement shall

commence upon City's issuance to Contractor of a notice to proceed for all

or a portion of the services, as hereinabove provided. The initial term of

this Agreement is for a period of twenty-four (24) months from the date of

the notice to proceed.

By mutual consent of the parties hereto, the duration of this

Agreement may be extended by City up to and including two (2) additional

periods of twelve (12) months each, respectively, upon execution of an

amendment by the City and Contractor providing therefor.

Notwithstanding the foregoing, City or Contractor may terminate

this Agreement at any time and for any reason whatsoever by providing at

least thirty (30) days prior written notice of such termination. In the event

of such termination, Contractor shall be entitled to compensation for all

services rendered and work performed for City prior to the date of such

termination.

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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement

the day and year first above written.

________________________________- City of Red Bluff

_________________________________ Apex Technology Management, Inc.

APPROVED AS TO FORM: ________________________________ City Attorney

16

Computer System Maintenance and IT Services

EXHIBIT "A"

DESCRIPTION OF CITY AND GOVERNMENT ORGANIZATION Located in the northern Sacramento Valley of California in Tehama County, the City of Red Bluff is a small, but growing community of approximately 14,500 residents. As one of California’s oldest cities, Red Bluff has a long and proud history reaching back into the 1800s. The City of Red Bluff is located along the Sacramento River on the Interstate 5 corridor. To the north of the community is the Lake Shasta Recreational area and to the east is Mt. Lassen National Park. State Highway 36 is a historical route that connects the City to the rest of the north valley and the north coast. The City was incorporated in 1876 and is a full service city operating under the Council Manager form of government. The City government organization consists of the following departments and commissions:

Administration

Finance

Human Resources

Community Development (including Building and Planning)

Public Works

Parks and Recreation

Police

Fire

Water & Wastewater

Airport

Community Center

Planning Commission

Parks and Recreation Commission

Airport Commission The City owns and operates the Red Bluff Municipal Airport. City water and wastewater facilities are owned and operated by the City. The City is also a member of the Tehama County Sanitary Landfill Joint Powers Agency (JPA #1) and the Tehama County/City of Red Bluff Landfill Management Agency (JPA #2) and is a co-owner of the landfill. The City is also a partner to an agreement with the County of Tehama for operation of the Red Bluff Community Center.

17

The City of Red Bluff has three (3) formally recognized employee units - Miscellaneous, Fire, and Police Units (Police and Dispatch). Currently the Police and Fire Departments each have their own web sites and maintain them separately from the City’s web site. In addition, the City’s main website is serviced and maintained by a separate consultant. The City Council meets at 7:00 p.m. in the Red Bluff City Council Chambers, 555 Washington Street, Red Bluff on the first and third Tuesdays of the month. This Agreement is for computer system maintenance and IT services for the City of Red Bluff including, but not limited to, City Hall administration, the police and fire departments and the Community Center. The City recognizes that, from time to time, other and/or additional specialized maintenance services are needed and therefore reserves the right to utilize additional services in specialized areas when appropriate.

18

EXHIBIT “B”

SCOPE OF WORK Contractor will provide City-wide (City Hall, Community Center, Corporation Yard, Police Department, Fire Department) computer system and maintenance services as further described below. This Exhibit is referred to in this Agreement as the “Scope of Work.” Term: Two years, with two (2) optional twelve month extensions if approved by the City and Contractor. Workstations: 80 Total Workstations (Windows XP, Windows 7, Windows 8) 7 Servers and other equipment as listed below. Software/Applications requiring specialized knowledge: LEADs CARS CLETS NEMRC ArcView GIS Firehouse Software Fire and EMS Records Management Software RIMS Crossroads KATS DragonSpeak BodyCAM Tazer Cameras Car Cameras Cell phone Data Extraction LNET Calcodes Copware Golden Eagle Software Lexipol RIMS Map Exchange Server Environment Vinassist School Cop CPOLS LINXX (DATAMAX) SCANSNAP

19

Surveillance Equipment and Software Training Management Software Mobile Digital Computers Microsoft Windows Microsoft Office Hardware requiring specialized knowledge: SonicWall Cisco routers Dell Servers Community Center

Dell PowerEdge T310 > 96JK4M1 Server

IBM Netfinity Server

RD1000 Tape BU Tape Backup

HP Procurve 1810G 24 Switch Switch

HP Procurve 10/100 hub 24 Hub

City Hall

Barracuda 190 Backup Device

Dell PowerEdge 2950 8xSAS

73GB 15K Server

Dell PowerEdge 2850 6xSCSI

73GB 10K Server

HP Procurve 24 10/100 Hub

HP Procurve 2810 48G Switch

Police & Fire Dept.

PowerEdge R720 Server

Dell EqualLogic PS6100E SAN

Vmware Essentials Plus Virtual Server Mgt. Software

PowerConnect 6224 (2) Switch

Dell PE2850 Server

Dell PE2950 Server

Drobo Storage

Dell MD3000i SAN

Barracuda Web Filter Software

Barracuda 390 Backup device

SERVICES PROVIDED: Apex will maintain each covered device set forth herein in its approved configuration, and is responsible for the covered devices as defined below.

20

This Product Schedule has as its scope up to 7 active Windows Servers and up to 80 workstations at Client's location, referred to in this document as the client's network environment. Additional servers will be billed at $ 250.00 per month each and workstations will be billed at $ 80.00 per month each. Infrastructure Services: In addition to PC and server maintenance, Apex agrees to provide Client with regular and necessary infrastructure services required to provide the Managed Services described in this Agreement. Customer Requirements:

1. High-speed (broadband or equivalent) internet access

2. Hardware maintenance or hot spare program

3. Server software licenses and maintenance

4. Anti-virus software and signature update subscription

5. Backup software and media that meets size and function requirements

Covered Services: The following options that have been selected by the client will performed as services by Apex on the covered client servers, workstations and network infrastructure as described in this services level Agreement.

Servers

Backups (Suitable backup system provided by Client. Client responsible

for rotation of backup media)

Backup Monitoring

Unlimited 10x5* helpdesk, remote and on-site support

Performance Tuning

Disaster Recovery

Remote support

Onsite support deemed necessary by Apex

Preventative maintenance

Event log monitoring

Server event log analysis

Monitor drive space on all servers

24x7 monitoring of server availability

24x7 monitoring of critical devices & services

24x7 phone, remote access or onsite support for server

down situations

21

Microsoft patch management (Patches, updates & service

packs) as needed

Virus prevention, response, quarantine & removal (client

must maintain current subscription)

Network Infrastructure

Unlimited 10x5* helpdesk, remote and on-site support

Onsite support as deemed necessary by Apex

Key network device monitoring

Management of router & firewall rules

Existing Wireless Access Point configuration &

maintenance

Virtual Private Network (VPN) & WAN monitoring

Key network element configuration backup

Workstations

Unlimited 10x5* helpdesk, remote and

on-site support

Onsite support as deemed necessary by Apex

Microsoft OS patch management (patches, updates & service

packs)

Virus prevention, response, quarantine & removal

Applications

Microsoft Exchange

Microsoft SQL Server

Application updates/upgrades (of less than

two hours)

Network Application Updates/Upgrades (Antivirus, AntiSPAM, Antispyware, etc.)

End user support

End user helpdesk support

Phone support

Remote support

Onsite support as deemed necessary by Apex

Password resets, account lockout resets, login problem assistance

Help with Microsoft Office application features & functionality

Limited end-user training

22

Network Administration

Adding, modifying, disabling & deleting users and passwords

Adding networked printers

SPAM (junk email) software management, if provided by Apex

Network & VPN access administration

Security

24/7 Firewall monitoring & alerting option

Network Policy Enforcement

Virus prevention, scanning & removal / Spyware prevention & removal

Security management

Best-In-Class Support & Monitoring Tools

Enterprise level monitoring & reporting

Microsoft patch management and deployment

Hardware & software inventory (reports available upon request)

Trouble-ticket tracking & reporting

Virus, spam & security analysis & reporting

Planning, Budgeting & IT Management

Strategic technology consulting

Technology planning

Technology budgeting

Software selection

Trouble ticketing

Problem escalation & resolution

Assistance with vendor selection & management

IT purchasing

Warranty management of covered devices

Assigned Virtual Chief Information Officer (VCIO)

Problem escalation & callouts

Monthly Executive Summary Report

Monthly management meeting or board meeting participation

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Other Advantages

Service Level Agreements

Discounted rates for project work and MACs

Highest priority response to network issues

Best Available Customer Service

* 10x5 refers to the Apex NOC (Network Operationd Center) HelpDesk hours of 7:00 am

– 5:00 pm M-F, excluding holidays The Total Support Platinum Package does not include:

Total Support Platinum Services, including onsite services, telephone support services

and online technical support services, are for approved platforms, devices, operating

systems, applications and other items. All Services are subject to the following

exclusions: Apex may make recommendations for hardware, software or network

improvements, referred to as special projects, to improve the level of support. If

implementation of the recommendation is necessary to continue efficient and effective

support, and the recommendation is not implemented, Apex reserves the right to

exclude the item(s) needing replaced or repaired from Services provided. Services do

not include any service after the equipment has been serviced, repaired, moved or

relocated by anyone other than Apex or an authorized Apex agent.

Services do not include repair or service required as a result of:

Neglect, theft, or accidental damage of the equipment;

Alterations or modifications to the equipment performed by other than Apex or

authorized Apex agent;

The failure of Client to provide and maintain a suitable installation environment at all

facilities as prescribed by

Apex (including, but not limited to, proper electrical power, internet access, air

conditions, & humidity control);

The use of the equipment for purposes other than those for which it was designed;

Electrical work external to the equipment or service connected with equipment

relocation, reconfiguration or additions;

Cutoff of services to Client by any utility;

Acts of God.

Software or Hardware not owned by the Client are specifically excluded.

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Labor for troubleshooting, configuring or installing copy machines or any other

hardware or peripherals provided by a 3rd party vendor.

Labor for troubleshooting, configuring or installing non business related software

such as i-tunes, and games.

Software or Hardware not covered under a valid maintenance agreement or warranty

with the vendor or OEM are specifically excluded.

Materials, Parts or Hardware warranty coverage

Projects Moves, Adds or Changes

Red flagged equipment not meeting Apex requirements

Software unrelated to business needs (iTunes, Windows Media Player, games, etc.)

Client must follow the Request For Change (RFC) process as identified below before adding additional applications to the covered devices. As part of the RFC approval process, Apex will evaluate the applications' impact on the covered servers and workstations and determine what impact it will have on the terms of this Agreement. Testing may be required by Apex if the application has the potential to impact the reliability or performance of a managed server. Apex will follow RFC process as identified below before making any changes to the servers or configurations of the components on any managed server. The Client will follow RFC process as identified below before making any changes to the servers or configurations of the components on any managed server. Any changes done outside of the RFC will void the service level requirements until the change goes through the RFC process. Client may not add, modify, or delete any service or application on covered devices except as expressly defined by the RFC process. Client agrees that Apex will not be responsible for any problems caused by configuration changes made by Client. Any assistance provided by Apex to resolve these issues or to return a device to its approved configuration due to changes made by client will be chargeable as described in the Fees Schedule. Other Applications and Services The covered devices may host services or applications outside the scope of this Agreement, and Apex and Client may each have partial responsibility for the functionality provided by a single device as follows:

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Anti-Virus Server and Client Software Client maintains responsibility to providing Apex with a valid, current subscription license for Anti-Virus software for all covered devices. Apex agrees to verify the Anti-Virus software is functional on the server at all times and the automatic updates are working properly. Change Request In the event that Client desires a change to the approved configuration of a covered device, Client will submit a Request For Change (RFC) via e-mail to their assigned VCIO. Apex will review all Requests For Change during the next review cycle and notify Client of its decision. Apex will make a good-faith effort to accommodate any reasonable Request For Change. Urgent RFCs will be submitted to Apex Administrative Contact via e-mail and a notification via phone and will be acted upon within 8 business hours. The review cycle for normal priority RFCs is every Tuesday and Thursday. Once a change is approved the new configuration is added to the configuration database. Changes to the approved configuration are stored as images and other configuration items within Apex's Configuration Management Database (CMDB) at regular intervals (at least quarterly, or whenever a major change is made). Client is not required to submit an RFC for changes to systems that are not covered under this Agreement. However, Apex requests 4 hours advance notice of changes that could affect covered systems. This includes, but is not limited to, infrastructure changes or hardware maintenance of covered systems. If this advance notice is not given, any response by Apex to troubleshoot apparent errors will be chargeable as described in above. Service Request If the Client submits a medium severity/medium impact or depending on severity and impact Service Request for a covered device through an e-mail or via phone to the Apex Technical Contact, Apex will begin immediate troubleshooting to resolve the issue. Status updates will be provided to the Client Primary Contact every 90 minutes until the issue is resolved within the framework of their service level. In the event an issue is determined to be related to hardware failure Apex will notify Client, and Client assumes responsibility for repairing or replacing the failed hardware. Any services provided by Apex related to hardware failure of an out-of-warranty device are chargeable.

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Proactive Systems Monitoring and Support - Devices monitored The following metrics will be measured on each covered device server:

Metric Alert Threshold

Processor utilization > 90% for 15 minutes

Disk space (system) < 2.0 GB

Disk space (data) < 10%

Memory utilization >80%

Event Log Critical event

Apex monitors these metrics with proprietary software. Other performance-related metrics desired by Client may be monitored upon request. Response During normal business hours (defined as Monday to Friday 7:00 a.m. to 5:00 p.m. Pacific Time, excluding holidays), upon receiving an alert from a covered server for key network device, within 90 minutes Apex will log the alert and begin troubleshooting the issue. Apex will notify the Client Primary Contact, and provide technical support up to the levels defined by the service level.

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Software Update Release Schedule

Apex defines 5 levels of criticality for Microsoft software updates and patches, as follows:

Critical:

- An update that resolves security vulnerability whose exploitation could allow propagation of a worm or virus without user action. - Apex will test and approve or disapprove updates within 3 business days. Once approved, Apex will initiate the deployment

process as defined above in the RFC process.

Important:

- An update that resolves security vulnerability whose exploitation couldresult in compromise of the confidentiality, integrity, or availability or Client's data, or of the integrity or availability of covered devices or services. An update that resolves a major functionality flaw or results in dramatically improved performance of the software.

- Apex will test and approve or disapprove updates within 10 business days. Once approved, Apex will initiate the deployment process as defined above in the RFC process.

Moderate and Low:

- An update that resolves a security vulnerability whose exploitation can be mitigated to a significant degree by factors such as default configuration or auditing, or whose exploitation is extremely difficult or whose impact is minimal. An update that resolves a minor functionality flaw or results in marginally improved performance of the software.

- Apex will test and approve or disapprove updates within 3 calendar months. Once approved, Apex will initiate the deployment process as defined above in the RFC process.

Service Release:

- An update that adds major functionality to a software product or changes its functionality, or a bundled package of updates accumulated over the course of several months or years. Typically referred to as a servicepack, service release, maintenance release, or functionality release, and identified by a change in the minor version number (ie. Adobe Photoshop6.0 to 6.1). Typically released by the vendor at no cost.

Service Release Updates are ONLY available to the Platinum and Platinum Plans.

- Apex will test and approve or disapprove the service release within 3 calendar months. Once approved, Apex will initiate the automated deployment process as defined above in the RFC process.

Major Revision:

-A major functionality upgrade identified by the vendor as a new version of the product, and which typically requires payment or maintenance agreement to obtain. Typically identified by a change in the major version number (ie. Microsoft Windows 2000 to Microsoft Windows 2003 Backup Exec 9 to Backup Exec 10).

Major revision updates are available to the PLATINUM PLAN ONLY.

- Apex will test and approve or disapprove the major revision within 9 calendar months. Once approved, Apex will submit a change request and will work with Client to determine any required architecture or functionality changes and define the implementation schedule. Any revision updates requiring more than 2 hours labor will be considered to be a project and will be out of scope.

Other updates: Driver updates, BIOS upgrades, firmware updates, and other update types not mentioned specifically elsewhere in this document, are installed only in the event that they are known or expected to resolve an open service request, if they are known or expected to resolve a critical security flaw in the current configuration, or if they are a prerequisite for a patch or other update being applied.

Severity

Severity is based on the critical nature of a system, equipment or application. An issue with a server that runs the primary application for the entire organization and affects 60 people would be a High Severity issue.

An issue with a workgroup printer that affects 10-15 people would be a Medium Severity issue.

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Impact is the level to which the problem/issue is preventing use of the system, equipment or

application. For example, a server that is completely down would be a High Impact issue, whereas a server that is running very slowly would be a Medium Impact issue and a server that needs a non-critical update installed would be a Low Impact issue. A High Severity/High Impact issue would be a critical server affecting the entire network being down. If the same server is running very slowly but is usable it would be a High Severity/Medium Impact issue.

Impact

Response Times

Response Times are calculated from the time a ticket is created in Apex's ticketing system - this is done at the time of call or email receipt. Response times in this grid are during business hours. Only High Severity/High Impact issues will be addressed outside of business hours as part of this Agreement, after hours response time is 4 hour maximum response for High Severity/High Impact.

Only High Severity/High Impact issues will be addressed outside of business hours as part of this Agreement, after hours response time is 4 hour maximum response for High Severity/High Impact.

Service Response Time *

Initial Telephone Begin Remote Resolution

Response Time Remediation

High Severity / High Impact 60 minutes 90 minutes 1.5 Days

High Severity / Medium Impact 90 Minutes 2 Hours 3 Days

High Severity / Low Impact 4 Hours 8 Hours 2 Weeks

Medium Severity / High Impact 90 Minutes 2 Hours 3 Days

Medium Severity / Medium Impact 2 Hours 5 hours 1 Week

Medium Severity / Low Impact 8 Hours 1 Week 2 Weeks

Low Severity / High Impact 4 Hours 8 Hours 3 Days

Low Severity / Medium Impact 1 Day 2 Days 2 Weeks

Low Severity / Low Impact 2 Days 1 Week 4 Weeks

* These response times are "Worst Case" maximum guaranteed response times for properly reported issues. Platinum Support customers always receive the highest priority response and in most cases support is available immediately.

* All times listed are in business hours, 1 day = 8 business hours.

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The consultant and employees must pass a fingerprint background check. In addition, the consultant and employees with access to the Police Department must receive CLETS (California Law Enforcement Telecommunications) security training. This training consists of four hours of classroom training. The training will be provided by the Police Department but is at the expense of the Contractor. No access will be granted without this training having been completed. The Contractor and its employees must sign a Volunteer/Employee Statement Form for CLETS and must sign a Red Bluff Police Department Confidentiality Form. The consultant must provide documentation or references that he/she and employees have the experience and knowledge necessary to handle the above listed items.

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EXHIBIT “C”

COMPENSATION

Contractor shall provide the services described herein the flat monthly fee of $8,873/month. Within the Scope of Work, as described in Exhibit B, Contractor shall provide such services without a minimum or maximum hour limitation. Contractor shall monthly provide a description of all services provided, together with time worked. Services outside the Scope of Work (“Out of Scope”), upon approval by City as described above in Section 3, shall be provided at the rate of $125/hour. Out of Scope hours after 6:00 pm Monday-Friday, and on weekends or City recognized holidays, will be billed at time and a half rates (e.g. $125 x 1.5 = $187.50/hour).

Annual City Budget Not-to-Exceed Without Budget Amendment -

$106,476 The City will pay CONTRACTOR over the term of the Agreement in the following manner:

a. CONTRACTOR shall submit a request for payment on a monthly basis, including an invoice which details work completed, and number of hours.

b. Said invoice shall separately invoice and account for all Out of Scope hours

worked and approved as provided pursuant to Section 3, if any.