City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: February 28, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute a Professional Services Agreement with ClientFirst Consulting Group, LLC, to develop an Information Systems Strategic Technology Master Plan

Prepared by: Gail Leech, Management Analyst

Submitted by: Pamela Ehler, Director of Finance and Information Systems

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to enter into a Professional Services Agreement, at a not-to-exceed cost of $61,409, which includes a 10% contingency, with ClientFirst Consulting Group, LLC, to develop an Information Systems Strategic Technology Master Plan.

PREVIOUS ACTION
On April 16, 2005, the City Council, the City Manager and Department Directors met in a facilitated workshop to consider goals for the next two years.

On June 28, 2005, the City Council accepted the City Council Two-Year Action Plan which included the Information Systems Long Range Plan.

BACKGROUND
As the City continues to grow, we need to ensure the integrity and safekeeping of all electronic City data. We currently have the right systems in place, but we want to be sure we have planned properly for the future and for build out of the City.

The Information Systems Strategic Technology Master Plan will consist of policies, procedures and documentation, back-up plan, disaster recovery plan, wireless backbone expansion, fiber optic, web enhancement, network infrastructure, media center (PEG channels), service and client upgrade. Other deliverables resulting from this process will include:

 Recommendations relating to City-wide data communications networking, both current and future
 Technical advice and guidance ensuring future compliant technology
 Recommendations relating to appropriate IS staffing levels and qualifications needed by IS personnel
 Technical advice relating to the appropriate archival system and data storage
 Technical advice pertaining to disaster recovery

Benefits to developing an Information Systems Strategic Technology Master Plan include:

 Improved effectiveness of current information technology expenditures
 Increased user satisfaction
 More responsive and effective automated systems
 Improved sense of direction for staff participating in this process
 Better use of existing technology in solving business problems
 Improved accountability for systems implementation
 Better utilization of staffing resources
 More effective management decisions
 Better integration of systems, especially across multiple platforms and operating environments

Auditing procedures will be put in place to ensure that the completed plan will not be reviewed as static, but rather will be a dynamic tool that is revised and updated as business conditions and requirements change. Staff will review and update this plan annually to continuously guide the activities of the information technology function.

FISCAL IMPACT
The cost of this contract will not exceed $61,409.40, which includes a 10% contingency. This expenditure has been allocated in the 2005/06 - 2006/07 Operating Budget.

Attachments
Resolution
RFP
Professional Services Agreement
ClientFirst Scope of Services

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CLIENTFIRST CONSULTING GROUP, LLC, TO DEVELOP AN INFORMATION SYSTEMS STRATEGIC TECHNOLOGY MASTER PLAN

WHEREAS, on April 16, 2005, the City Council, the City Manager and Department Directors met in a facilitated workshop to consider the goals for the next two years; and

WHEREAS, on June 28, 2005, the City Council accepted the City Council Two Year Action Plan which included the Information Systems Long Range Master Plan; and

WHEREAS, as the City continues to grow, we need to ensure the integrity and safekeeping of all electronic City data. We have the right systems in place, but we want to be sure we have planned properly for the future; and

WHEREAS, auditing procedures will be put in place to ensure that the completed plan with not be reviewed as static, but rather will be a dynamic tool that is revised and updated as business conditions and requirements change; and

WHEREAS, the cost of this contract will not exceed $61,409.40.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the professional services agreement with ClientFirst Consulting Group, LLD, to develop an information systems Strategic Technology Master Plan is hereby approved and the City Manager is authorized to execute same.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of February 2006 by the following vote:

REQUEST FOR PROPOSAL

CONSULTING SERVICES

RELATED TO

CITY OF BRENTWOOD

STRATEGIC TECHOLOGY MASTER PLAN

EXECUTIVE SUMMARY

Purpose. The City of Brentwood (the City) is issuing this Request for Proposal (RFP) for the purpose of obtaining information and firm bids related to its Information Systems Strategic Technology Master Plan. It is the City’s preference to enter into an agreement with a single consultant who can provide a complete Strategic Technology Master Plan as relates to the City’s information systems network, providing for current and future infrastructure needs. Third party applications for some of the consulting work will also be considered but must be fully disclosed in the RFP response.

Information concerning the City’s objectives, current environment, project scope and timeline, requirements, RFP response parameters and evaluation criteria are discussed in the balance of this document.

Nature of Services Required. The City is seeking a complete response from qualified technology consultants who can demonstrate that they possess the organizational, functional, and technical capabilities to perform the services, and meet or exceed the requirements and service levels specified herein.

Consultant responsibilities will include, but are not limited to, the following areas:

 Development of an Information Systems Strategic Technology Master Plan
 Recommendations relating to City-wide data communications networking, both current and future
 Technical advice and guidance ensuring future compliant technology
 Recommendations related to appropriate IS staffing levels and qualifications needed by IS personnel
 Technical advice relating to the appropriate archival system (City and department wide) and data storage
 Technical advice pertaining to disaster recovery

Scope of Work to be Performed. The consultant shall be responsible for proposing a work plan for the activities listed above. The following tasks will be performed in conjunction with this work plan:

 Develop a project schedule. Conduct detailed project planning meetings with the City’s project personnel coordinating this study. Meetings should be held at least every three to four weeks to review progress, discuss current findings and issues, update the project plan and timetable and review next steps in the project.

 Interview City Management and Other Key Users. Conduct a series of interview with City management, department head and other key users to gain an insight into the issues facing the City and its information systems. Determine the major needs and priorities for these information systems.

 Assess Current Systems Environment. This analysis should focus on how well the City is operating under the current network infrastructure.

 Prioritize System Needs. A priority sequence should be developed, giving consideration to departmental priorities, the effect upon current operations and other factors deemed vital to the City.

 Consider Technical Alternatives. Prepare a general design of the information systems and services needed to support the City over the next five to seven years. This analysis should focus on how to incorporate the improved functionality identified in the needs assessment into the new systems environment. The design will consider various alternatives, including:

– Systems architecture options, including distributed, centralized and client/server
– Integration with other systems
– Reuse or replacement of existing hardware
– Alternative hardware platforms
– Information systems standards – current needs and ongoing management
– Office automation standards and architecture
– Public access
– Remote access
– Archiving – imaging and hard data storage
– Security issues
– Disaster recovery
– Use of the Internet
– Use of document imaging

 Study Networking Options. Analyze the internal communications needs and recommend any new or alternative network strategies as appropriate. Consider network architecture, topology, wiring and cabling, standards and interfaces to external systems.

 Assess Organizational and Staffing Requirements. Consider the most appropriate support organizational and staffing levels based on the needs of the various departments and the City as a whole. Prepare recommendations for the areas of training, project management, and planning as appropriate.

 Prepare Preliminary Cost Analysis. Prepare an analysis of the one-time recurring costs of implementing the proposed changes and improvements, including. but not limited to:
– Hardware and system software
– Application software
– Implementation and conversion
– Data communications, networking and cabling
– Ongoing maintenance and support
– Training
 Prepare Strategic Plan. Prepare strategic plan outlining the conceptual design and approach to the recommended systems. The plan should incorporate consultant’s findings and recommendations and should include the estimated time required to implement each recommended phase. The cost analysis previous prepared would be projected to coincide with the Plan since costs and benefits are dependent on the implementation timetable. Consultant should plan to do an oral presentation to the City of the plan.

Contractual Philosophy. There are inherent risks in assuming responsibility for existing systems, developing new interfaces, and providing enhancements, that go along with implementing and using high tech solutions. These risks are compounded by today’s rapidly changing and highly competitive environment. Because of the uncertainty of the marketplace, the increasing complexity of the solutions, and the increased investment required to develop, deliver and implement these solutions, we will expect the consultant to be the expert in application of their products and services.

The City’s intent is to form a long-term alliance with the selected consultant. This alliance must be mutually beneficial and share the risks the alliance encompasses. Such a relationship would embrace the following principles:

 The alliance will contribute to our mutual benefit.
 The risk of implementing and using technology solutions must be shared.
 The relationship will promote continuous and measurable improvement in the people, products, and services of both organizations.
 The consultant must share our dedication to delivering quality City services.
 Both parties will always strive to eliminate ambiguities and omissions from the spoken and written terms of the relationship by communicating with clarity of purpose and expectations.
 The terms of the relationship must recognize the mutual commitment, and provide for meaningful information exchange to allow each party input to the other’s plans.
 Each party will live up to its obligations and representations, but both recognize honest mistakes and misinterpretations may occur in the description of the complex business transactions.
 The terms of the relationship must minimize the likelihood of disputes by having documented standards of performance and quality, clear and specific warranties, and exercisable remedies in the event that one or both parties fail to meet their obligations.

Negotiations Philosophy. Both the consultant and the City will negotiate in good faith to reach a mutually satisfactory contract with terms and conditions that fairly allocate both total costs of ownership and risk. As a result of the negotiations, the City and the successful consultant will develop and enter into an agreement to provide the software and services necessary to meet the project goals. The City believes that the agreement should be mutually beneficial whereby both parties receive value. The City has a strong interest in the success of the selected consultant. It is not in the City’s best interest to have a Vendor suffer financially through its association with the City, nor is it the City’s responsibility to subsidize poor performance or project management.

The contractual relationship will be premised on the consultant as the expert. The City will rely upon the consultant’s expertise to develop, deliver, implement and maintain solutions that fulfill the defined business requirements. The City expects all consultants to exercise the highest degree of integrity in all dealings with their consultants, employees, and the City.

PROFILE OF THE CITY OF BRENTWOOD

The City of Brentwood was incorporated in 1948 as a general law city under the laws of the State of California. Brentwood is located halfway between the cities of San Francisco and Sacramento at the eastern portion of Contra Costa County. The City is governed by a five member City Council, under the Council–Manager form of government. As of June 30, 2004, the City had a population of approximately 40,000 and encompassed approximately 14.829 square miles.

The City's incorporated boundary currently totals 5,668 acres (1996) with a sphere of influence totaling in excess of 15,000 acres. An additional 3,000 acres are within the Brentwood Planning Area adjacent to the sphere of influence. The City of Brentwood continues to grow, and all economic indicators point to continued growth according to statistics from the fiscal year 2003/2004, which indicated a population increase of approximately 11%, Residential construction valuation increases of approximately 10%, and Commercial construction valuation increases of nearly 150%. It is anticipated that the City will eventually grow to approximately 75,000 in population by the year 2020.

The City provides a full range of services including Police, Public Works, Economic Development, Planning, Building, Engineering and Inspection, Housing, and General Administrative services. The City of Brentwood receives fire protection services from the East Diablo Fire Protection District, and operates its own Park and Recreation Department. The City also operates public water and wastewater utilities, as well as providing refuse collection and disposal, and a recycling program.

Proposals are due to the City no later than December 1, 2005 and should be sent to:

Gail Leech
Management Analyst
City of Brentwood
150 City Park Way
Brentwood, CA 94513

The City of Brentwood will invite up to five finalists to make a formal presentation to the team for final consideration. Once a selection has been made, the City will enter into a professional services agreement. For more information, please contact Gail Leech at (925) 516-5118

Information Systems - Background
Existing Layout
The City of Brentwood Network spreads over different sites and facilities that are connected via wireless and/or fiber. Some of these facilities are in close proximity on different buildings. The following are the major sites and facilities:

 City Hall: Central Site – All other facilities are connected back to City Hall
 Police Department: Connected through 10GB fiber link
 Public Works: Connected through 54MB wireless link-different buildings are connected through fiber
 Aquatic Park: Connected through 11MB wireless link
 Community Development/Engineering: Connected through underground Cat 5 cable
 Parks & Recreation: Connected through fiber link
 Technology Center: Connected by 54 MB wireless. This is the business incubator hosting some of Brentwood Businesses; providing office space, Internet access, e-mail, phone and voice mail for the tenants. It is also housing some of the City employees.

In addition to the above listed sites, the City provides wireless “hotspots” for wireless access to police cars and other City employees who will need to access the network when they are out of the office. Several of our employees, such as code enforcers, engineering inspectors, etc., require wireless access in order to do their jobs. To Support these hotspots, wireless bridges and access points are installed at the following locations:

 City Hall
 Technology Center
 Jack in the Box
 Water Tank
 Aquatic Park

Additional locations scheduled for wireless access are the Police Station, Public Works, Taco Bell, Chevron and McDonalds.

The following diagram shows the current site layout for the City network.

Infrastructure Hardware
The City’s current infrastructure includes the hardware devices listed below. These are in addition to some Dell and smaller Cisco switches:

 Cisco 6509 switch at the City Hall
 Cisco 6509 switch with sup2 at the Data Center (located at Police Department). The Data Center will be the home of most City Servers
 Cisco 4006 switch at the Tech Center
 6 Cisco AiroNet 350 wireless bridges
 5 Cisco 1400 Wireless Bridges
 4 Cisco 1200 Access points
 Cisco PIX 515E, firewall between the Police Department and City Network
 2 Cisco 3000 VPN, one for accessing City network from outside, and one for accessing PD network from police cars
 Cisco PIX-515 - City firewall
 2 Cisco 2801 Routers
 Cisco 2600 Router - boundary router
 HP 5308 XL switch - PD network switch
Phone system
The phone system network consists of the following:
 City Hall: NEC 2000 IPS is the central hub for phone switching.
 Waste Water: NEC 2000 IPS T-1 Connection to City Hall.
 Aquatic Park: NEAX IVS2 T-1 Connection to City Hall.
 Police: NEAX 2000 IPS T-1 Connection to City Hall.
 Tech Center: Cisco Call Manager 3.3
Personal Computers
The city of Brentwood supports around 250 client PCs that includes desktops and laptops. The specifications for a standard PC are:

Hardware

 512MB RAM
 3 GHz Processor
 80GB Hard Disk
 DVI Video Card
 DVD player/CDR Drive
 USB Speakers
 17” Flat Panel Screen
 Windows XP Professional (still have some Windows 2000)

Laptop (Typical)

 HP NC 6120
 17” Monitor
 512MB RAM
 1.7GHz Processor
 Port Replicator
 Extra Power Supply
 Carrying Case

Software (Standard)

 Remote Admin
 Office 2003
 DirectX9c
 Citrix
 IE 6
 Media 9
 Mapguide 6.5
 Unity Voice Mail
 Adobe Reader 7
 Norton Anti-Virus Managed

Additional and/or software may be installed depending on the department or individual requirements.

Servers
The City of Brentwood’s network supports approximately 58 Servers, 11 of which have the Windows XP operating systems and acting as server. The remaining 47 servers are Windows 2000 and Windows 2003 operating systems. The City has a few systems with Linux operating systems that are used as FTP and Web servers. The following table identifies all current City servers:

Server Name Operating System Description Location
1 0ICU1 Windows XP Professional Surveillance Server at Aquatic Park Aquatic Park
2 0BACKUP1 Windows Server 2003 Backup Server City Hall
3 0BURN Windows XP Professional CD Burner City Hall
4 0CALL Windows XP Professional Call accounting Server City Hall
5 0CARIDAN Windows Server 2003 File Server City Hall
6 0CDLIB Windows XP Professional CD Library Control Server and Nextel phone update Server City Hall
7 0CITRIX1 Windows 2000 Server Citrix Server City Hall
8 0CITRIX2 Windows 2000 Server Citrix Server City Hall
9 0COBP Windows 2000 Server Domain Controller City Hall
10 0EMAIL Windows 2000 Server Exchange Server City Hall
11 0EMAIL1 Windows Server 2003 Exchange 2003 Server City Hall
12 0FISH Windows 2000 Server LaserFiche Server City Hall
13 0FOB Windows XP Professional FOB Door Control City Hall
14 0GATE Windows 2000 Server Mail Gateway Server City Hall
15 0INTRA Windows Server 2003 Intranet Server City Hall
16 0IS Windows 2000 Server IS Server, containing software and also as Managing Server for Symantec AV City Hall
17 0IVR1 Windows 2000 Server Interactive Voice Recognition System for Community Development City Hall
18 0KANE Windows 2000 Server Finance Application Server housing finance applications. City Hall
19 0PAY1 Windows 2000 Server Finance Payroll Server City Hall
20 0PRINT1 Windows Server 2003 Print Server City Hall
21 0SQL1 Windows Server 2003 SQL Server for Mainsaver, Class, Permit Plus hosting different department databases City Hall
22 0SQL2 Windows Server 2003 SQL Server for Inhance and Incode (utility billing database) City Hall
23 0VMAIL Windows 2000 Server Unity Voice Mail Server (Integrated with Exchange Server) City Hall
24 0WSEC Windows 2000 Server Domain Controller City Hall
25 DVRCityHall Windows XP Professional Surveillance City Hall City Hall
26 PRKREC-E-CONN Windows 2000 Professional Payment Processing Server for Class registration (Parks and Rec) City Hall
27 WACS Cisco Secure ACS Wireless Account Control Server (wireless security) City Hall
28 WWLSE Cisco Wireless LAN Solution Engine (authentication server) City Hall
29 0COBS Windows 2000 Server Domain Controller Data Center
30 0FICHEAGENDA Windows 2000 Server Web based Agenda Manager linked to LaserFiche Data Center
31 0FTP Linux-Mandrake FTP Server Data Center
32 0SUS Windows 2000 Server Microsoft Security Update Server for critical updates and patches Data Center
33 0BBServer Windows 2000 Server Good Link Server (interacting with Treos and Exchange) Data Center
34 VAULT Windows Server 2003 Granicus vault (streaming meetings at council chamber) Parks & Recs
35 GRANICUS-ENCODER Windows Server 2003 Granicus encoder Parks & Recs
36 0BPDP Windows 2000 Server Domain Controller PD
37 0BPDS Windows 2000 Server PD File Server PD
38 0BPDS2 Windows 2000 Server Domain Controller PD
39 2000CADSRVER Windows 2000 Server Data911 Oracle Database Server PD
40 PDALPHA VAX VAX PD
41 0PD-Print1 Windows 2003 Server Print Server PD
42 0SECBPD Windows 2000 Professional Door Security Server PD
43 0SECBPD-02 Windows 2000 Professional ID Card Workstation PD
44 0EVD1 Windows 2003 Server File Maker Server 7-Evidence Server PD
45 0GATE-CONTR-2 Windows XP Professional Gater Control Server PW
46 0TOWER Windows 2003 Solid Waste Route Control PW-SW
47 0BDCS Windows Server 2004 Domain Controller Tech Center
48 0EMAIL1 Windows Server 2003 Domain Controller Tech Center
49 0IWR1 Windows 2000 Server Web based Building Inspection Request for Community Development Tech Center
50 0Text_Web Linux-Red Hat Text based Web Server Tech Center
51 0TRAFFIC Windows 2000 Server Traffic Control Server, Spam blocker and Content Filter Tech Center
52 0VMAIL Windows 2000 Server Unity Voice Mail Server Tech Center
53 CALLACCTNG Windows 2000 Professional Call accounting Server for the Tech Center Tech Center
54 CM_PUB Windows 2000 Server Cisco Call Manager (VoIP) Tech Center
55 CM_SUB1 Windows 2000 Server Cisco Call Manager (VoIP) Tech Center
56 Iserver Windows 2003 Server Standard Edition External DNS, Name Server Tech Center
57 NS1 Windows 2000 Server External DNS and IIS Server hosting tenants' websites Tech Center
58 WEBSERVER Windows 2000 Server City Web Server Tech Center

Software Support
There are an estimated 250 software programs and utilities installed on the City PCs. Some of these programs are standard software, inst installed globally. Others are department-specific applications. The major applications, identified by department, are listed here:

Finance Department
 ADP Payroll System
 E-Time & E-Timesheet
 HDL Business License
 Bank Link
 Fund Balance (Accounts Payable, Purchase Order, General Ledger)
 Incode (Utility Billing System)
 Image Depot
 Create A Check (Account Payable)
 HDL Property Tax
 Connect Enterprise Client (Credit Card settlement)
 PC Transact it (Credit Card settlement)
 AutoRead (meter reader software)
 CallPERS Payroll
 DT Paynet plus (Payroll)

Parks and Recreation
 Class (online class registration)
 Payment Processing Client
 Stranco
 PlanPlus
 MainSaver (Work order tracking system)

Engineering
 AutoCAD Map
 AutoCAD Land
 GTX RasterCAD v.8
 Intersection Magic
 Pavement Management
 SewerCAD CD
 TimeMark3.3.0-32

PublicWorks
 APS
 EasySupervisor
 Mainsaver Patch
 TOKAY
 Flexidata
 SoundSens
 SoundSens
 LOCKOUT PRO
 TELOG-V-310

Police Department
 Data911
 Datalux T3drivers
 Remoteview
 Touchware
 CopWare
 DataRadio
 Reflection Client
Information Systems Services
The Information Systems Division provides installation, maintenance, and upgrades to our network infrastructure, in addition to providing user support for PCs, phones, printers and peripherals. A sampling of IS services are listed as follows:

 Install, maintain and upgrade infrastructure devices
 Maintain the integrity and operability of the network infrastructure including back office servers, routers, switches, and phone system
 Support the design, planning, and implementation of local area networks (LAN) and wide area networks (WAN)
 Install and configure departmental applications and coordinate trouble issues with relevant vendor technical support
 Provide PC and hardware support, coordinate the purchase of new and replacement PCs, components and peripherals
 Build new PCs and servers and/or upgrade components
 Install and configure telephone for City employees and Technology Center tenants
 Configure and Support (Nextel) Radio PhoneProvide training for users with Microsoft applications
 Provide support with printer problems
 Provide support with everyday PC issues.
 Provide in-house database and web-based front design support
 Provides support for the audio/video system in the Council chambers.
 Provide support with audio and video productions.
 Maintain and Update the City’s Internet and Intranet web servers.

Future Upgrades and Expansion:
Upgrades are planned for the following areas:

Fiber Optic Links
Developers are currently installing fiber optic as a part of their developer agreement. Once the installation of the fiber is complete, Information Systems is planning to link all City facilities via fiber optic link. The ultimate goal is to link the whole City with a fiber optic network and eventually create a fiber optic ring.

Voice over IP
Voice over IP is currently implemented in the Technology Center and on an experimental basis at City Hall. Our future goal will be to upgrade our phone system to voice over IP in the next five (5) years.

Server Consolidation
One of near future upgrades is the server consolidation and implementation of SAN system.

Clustering:
Another near future upgrade is the implementation of clustering to provide real time backup and redundancy for the critical systems.

Cable Television
At some point in the not-too-distant future, the City will be implementing public access, government and educational TV, based on five television stations granted by Comcast.

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT, made and entered into this 28th day of February, 2006 by and between the CITY OF BRENTWOOD, a municipal corporation existing under the laws of the State of California, hereinafter referred to as “City”, and ClientFirst Consulting Group, LLC, a Professional Consulting Firm hereinafter referred to as "Consultant.”

RECITALS

A. City desires certain consulting services in connection with the work referred to as Strategic Technology Master Planning (the "Project").

B. City desires to engage Consultant to provide these services by reason of its qualifications and experience performing such services and Consultant has offered to provide the required services on the terms and in the manner set forth herein.

C. Consultant represents that it is fully licensed and qualified with all professional skills necessary to perform the services described in this Agreement and has special expertise in the performance of Information Technology (IT) Consulting services for public agencies of similar scope and complexity as the Services to be performed under this Agreement.

NOW, THEREFORE, City and Consultant agree as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services subject to this agreement and to be performed by Consultant for the Project is described in Exhibit “A”, Scope of Services, attached hereto and incorporated herein.

SECTION 2 – CONSULTANT'S REPRESENTATIONS AND RESPONSIBILITIES

A. Consultant acknowledges that in entering into this agreement the City is relying upon Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice in the [IT Consulting field] for public projects of similar size, scope and complexity. Consultant agrees to perform the services in accordance with these standards. The acceptance of Consultant's services by City does not operate as a release of Consultant from these obligations.

B. Consultant accepts the relationship of trust and confidence established between it and City by this Agreement. Consultant shall use its best efforts, skill, judgment, and abilities to assist and work with City to perform the Services, to produce the necessary Strategic Technology Master Plan (deliverable), and to further the interests of City in accordance with City's requirements and procedures, each in accordance with professional standards that apply to Consultant.

C. Consultant shall perform the Services in full compliance with applicable federal, state and local laws and regulations in effect at the time such services are rendered (collectively, "Applicable Laws").

D. Consultant shall be responsible for employing or engaging all persons necessary to perform the Services. All of Consultant's staff shall be qualified by training and experience to perform their assigned tasks. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and sub-Consultants, if any, and shall keep the Services under its control. If any employee or sub-Consultant of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of City.

E. Consultant shall submit, for City's approval, a team or staffing proposal for the Services, complete with job descriptions, names and previous experience of all personnel. Consultant has designated the assigned consultants for the Services as stated in Exhibit A – Project Staffing - which exhibit is incorporated herein by this reference. Consultant shall not change or reassign Key Personnel without prior notice to City, and shall not replace any Key Personnel with individuals to whom City has a reasonable objection.

F. Consultant's services are unique and personal. Consultant shall not assign or transfer any of its interest or obligation under this Agreement without the City's written consent. Consultant shall not subcontract its duties under this Agreement without the City's written consent. No sub-consultant will be recognized by City as such; rather, all sub-consultants are deemed to be the agents of Consultant, and Consultant agrees to be responsible for their performance.

SECTION 3 - INDEPENDENT CONTRACTOR

The services to be provided to the City as set forth in this Agreement shall be provided by Consultant as an independent contractor as defined in Labor Code 3353, under the control of the City as to the result of the work but not the means by which the result is accomplished, and nothing herein contained shall be construed to make Consultant an agent or employee of the City while providing these services. Consultant shall be entitled to no other benefits or compensation except as provided in this Agreement.

SECTION 4 - DUTIES OF CONSULTANT

A. Consultant's Services shall be furnished as described below and as more particularly described in Exhibit “A”, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing, by the City Manager or her designee, or if verbally requested by City, confirmed in writing by Consultant within five (5) working days.

B. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all Services. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its Services.

C. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the Services are being performed in accordance with the requirement and intentions of this Agreement.

SECTION 5 - TERM, PROGRESS AND COMPLETION

A. The term of this Agreement shall begin on the date the City Council approves this Agreement and shall expire upon completion of the Services or when terminated as provided in Section 8.

B. Consultant shall promptly commence performance of the Services upon execution of this Agreement, and shall diligently pursue performance of the Services until completion.

C. Consultant shall perform the Services in accordance with the schedule attached hereto as Exhibit A (the "Schedule"), which Exhibit is incorporated herein by this reference, and any updates to the Schedule. Consultant shall work such overtime or engage such personnel and equipment as necessary to maintain the Schedule, without additional compensation.

D. Time is of the essence in the performance of this Agreement.

SECTION 6 - PAYMENT

A. Basic Services.

1. City shall pay Consultant for full and faithful performance of Basic Services a fee in the amount of Fifty-Five Thousand Eight Hundred - Four Dollars ($55,804) (the "Maximum Contract Amount").

2. Progress payments for basic services shall be made monthly for hours completed and will be billed/paid according to the work plan in Exhibit A. A retainer of $4,984 is due upon contract signing according to the terms of Exhibit A.

3. Payments for various items of service may be modified with approval of City so long as there is no change in the maximum contract amount.

B. Additional Services.

1. City shall pay Consultant for authorized Additional Services on an hourly basis, in accordance with the schedule of fees attached hereto as Exhibit A. City shall pay only for Additional Services authorized by the City Manager or her designee in writing or requested verbally by City and confirmed in writing by Consultant within five (5) working days.

2. Consultant and City shall agree upon an estimated not-to-exceed cost for any proposed Additional Services or, in the case of a verbal request, Consultant shall provide City with a written estimated not-to-exceed cost for such Additional Services at least one (1) working day prior to commencing the additional Services. In no event shall City pay for Additional Services made necessary by Consultant's errors or oversights.

C. Reimbursable Expenses.
In addition to compensation for Basic Services and Additional Services, City shall reimburse Consultant for Reimbursable Expenses Consultant incurs in the course of performing Services under this Agreement. Reimbursable Expenses include only the following items:

1. Reproduction and handling of Documents prepared in connection with the Project;

2. Travel and related expenses according to Exhibit A; and

3. Other expenses as City may approve in writing in advance.

D. Consultant shall submit written applications for progress payments in a form satisfactory to City on or before the first day of each month on account of Basic Services, Additional Services and Reimbursable Expenses provided during the preceding month. The payment applications shall identify each person performing services, the time each person spends on each task (in units not to exceed one quarter hour) and shall be based on the rates in Exhibit A.

E. Within thirty (30) days after receipt of each application for progress payment, City shall verify the accuracy of the progress payment application, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made hereunder prior to completion and acceptance of the Project shall be construed as evidence of acceptance of any part of the Services. City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder. Consultant shall not stop or delay performance of Services under this Agreement on account of payment disputes with City.

F. If CITY disagrees with any portion of a billing, the CITY shall promptly notify Consultant of the disagreement, and the CITY and the Consultant shall attempt to resolve the disagreement. CITY’S payment of any amounts shall not constitute a waiver of any disagreement and CITY shall promptly pay all amounts not in dispute.

G. Consultant shall maintain complete and accurate records of the number of hours worked by persons and Reimbursable Expenses on the Project during each phase under this Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. CITY shall have the right to examine and copy such books and records at all times. Consultant shall permit the CITY to examine and audit those books and records, shall permit the CITY to make copies of those books and records, and shall permit the CITY to inspect all work data, documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. All accounting records shall provide an understandable breakdown of costs charged to this Agreement.

SECTION 7 - CONFLICT OF INTEREST

Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

SECTION 8 - TERMINATION

A. If Consultant at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the Project schedule, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, or materials, or fails in any respect to properly and diligently prosecute its services, or otherwise fails to perform fully any and all of the agreements herein contained, Consultant shall be in default.

B. If Consultant fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Consultant in connection with the Project and (1) provide any such work, labor, or materials as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Consultant under this Agreement; or (2) terminate Consultant's right to proceed with this Agreement.

C. In the event City elects to terminate, City shall have the right to immediate possession of all Documents and work in progress prepared by Consultant, whether located at the Project, at Consultant's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the design work and provide the materials therefor. In case of such default termination, Consultant shall not be entitled to receive any further payment under this Agreement until the Project is completely finished.

D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72-hours' written notice to Consultant. In the event of termination without cause, Consultant shall be entitled to payment in an amount not to exceed the Maximum Contract Amount, which shall be calculated as follows: (1) Payment for Services then satisfactorily completed and accepted by City, plus (2) Payment for Additional Services satisfactorily completed and accepted by City, plus (3) Reimbursable Expenses actually incurred by Consultant, as approved by City. The amount of any payment made to Consultant prior to the date of termination of this Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Consultant shall not be entitled to any claim or lien against City or the Project for any additional compensation or damages in the event of such termination and payment. In addition, the City's right to withhold funds under Section 6(E) shall be applicable in the event of a termination for convenience.

E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a termination for convenience under this Article and Consultant shall be entitled to receive only the amounts payable hereunder in the event of a termination for convenience.

SECTION 9- OWNERSHIP OF DOCUMENTS

A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Consultant under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), shall be and remain the property of the City, whether the Services or Project is completed or not. Consultant shall deliver all Documents to City upon (1) the substantial completion date of the Services, (2) the date of termination of this Agreement for any reason, or (3) at any time requested by City, upon ten (10) days written notice.

B. The Documents may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another Consultant to use, such documents, CITY agrees to hold Consultant harmless from any and all liability, costs, and expenses (including reasonable legal fees and disbursements), relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Documents. Consultant shall not be responsible for deficiencies solely attributable to modifications to the Documents performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Documents.

C. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

SECTION 10 – INDEMNITY

A. Claims for Professional Liability – Consultant shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against any and all claims, liability, loss, damage, costs, or expenses, including reasonable attorneys' fees, awards, fines, or judgments (collectively, "Claims"), arising from or relating to negligent acts, errors, or omissions in the performance of professional services by Consultant, its subconsultants, agents or employees. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. The consultant shall not be responsible for the reliability and/or potential inaccuracies of information provided by the City.

B. Claims for Other Liability – Consultant shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against any and all liens and Claims by firms or individuals claiming through Consultant, and all Claims for compensation, the death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from or related to the Services of Consultant , its subcontractors, agents or employees. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.

C. Claims involving intellectual property - In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers, harmless against any Claim is alleged in which a violation of intellectual property rights, including but not limited to copyright or patent rights, that arises out of or relates to the Services of Consultant, its subcontractors, agents or employees. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.

SECTION 11 – INSURANCE

A. Consultant shall, at all times it is performing Services under this Agreement, provide and maintain insurance in the following types and with limits no less than the following amounts:

1. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit;

2. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 each occurrence. Such insurance shall include coverage for all automobiles.

3. Professional Liability (errors and omissions) insurance in the minimum amount of $1,000,000.00 aggregate.

4. Workers Compensation in at least the minimum statutory limits.

B. General Provisions:

1. Consultant's general and automobile liability insurance policies shall be endorsed to name the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.

2. Consultant's general and automobile liability insurance policies shall be endorsed so that they are primary with respect to any insurance or self-insurance programs of CITY, its officers, employees, and volunteers.

3. Before performing any services under this Agreement, Consultant shall provide evidence of the required coverage and limits, and properly executed policy endorsements satisfactory to City.

4. No changes in insurance may be made without the written approval of the City.

SECTION 12 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

SECTION 13 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding Eighty Five Dollars ($85.00) per hour per attorney, and in total amount not exceeding Five Thousand Dollars ($5,000.00), shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5,000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5,000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 14 - NON-DISCRIMINATION

Consultant warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 15 - MEDIATION

Should any dispute arise out of this Agreement, either party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first requesting mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 16 - LITIGATION

Consultant shall testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City shall compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

SECTION 17 – NOTICES/ AUTHORIZED REPRESENTATIVES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed to the parties authorized representatives as follows:

To City: Gail Leech, Management Analyst
City of Brentwood
150 City Park Way
Brentwood, CA 94513

To Consultant: David W. Krout, Principal
ClientFirst Consulting Group, LLC
1701 Via Valmonte Circle
Corona, CA 92881

SECTION 18 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument signed by both City and Consultant.

All Exhibits referenced in or attached to this Agreement are incorporated herein by this reference.

[the rest of this page is blank]

SECTION 19 – GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first above written.

CITY OF BRENTWOOD CONSULTANT
________________________________ _____________________________
DONNA LANDEROS, City Manager
Title: _________________________

ATTEST: Print Name:____________________
________________________________
Margaret Wimberly, CMC, City Clerk

APPROVED AS TO FORM:
________________________________
Damien B. Brower, City Attorney

EXHIBIT "A"

SCOPE OF SERVICES

ATTACHED HERETO
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov