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To:
From:
Submitted by:
Subject:
CITY OF CARMEL-BY-THE-SEA
Council Report
December 3, 2013
Honorable Mayor and Members of the City Council
Jason Stilwell, City Administrator
Susan Paul, Administrative Services Director
Consideration of a Resolution of the City Council of the City of Carmel-by-the-Sea
Authorizing the City Administrator to Amend an Existing Contract with MarTech
Inc., for Ongoing Information Technology Support Services
Recommendation(s) : Adopt the attached Resolution (Attachment I) authorizing the City Administrator
to amend the existing contract (ASD-PSA-MARTECH-006-13, Attachment II), with
MarTech Inc., for various information technology support services in an amount
not to exceed $35,000.
Executive Summary: This City has engaged MarTech Inc., to provide a variety of expert information
technology support services related to on-site technical support, installations
and support, remote support, server/work station trouble shooting and
audio/visual support for City Council and Commission meetings. To accomplish
this work, the City Administrator entered into a prel iminary professional
consulting contract. The recommended action will provide for the ongoing
support of the City's information technology system, and audio visual services as
outl ined.
Analysis/Discussion: The City has engaged professional technology support services to provide on-site
and remote technical support, perform installations, troubleshoot servers and
work station issues and provide audio visual support for City Council and
Commission meetings. MarTech Inc., provides expert IT support for small
companies, all technicians are certified and have a wide range of experience.
Staff recommends approval of the Resolution to ensure that the City's ongoing
technology and audio visual needs are met.
Fiscal Impact:
Budgeted (yes/no) Funding Source( general fund, grant, state)
Yes 01-67053- General Fund
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Previous Council
Action/Decision History:
No previous action
Reviewed by:
City City Attorney
Asst . City Admin. D Dir of CPB
Public Safety Dir D Library Dir
Other D
Attachments:

Administrative Services D
Dir of Public Svcs D
D City Engineer D
Attachment I Resolution Amending MarTech Inc. Contract.
Attachment II Existing Contract ASD-PSA-MARTECH-006-13
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2013-
ATTACHMENT I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO AMEND AN EXISTING
CONTRACT WITH MARTECH INC., FOR ONGOING INFORMATION
TECHNOLOGY SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $35,000
WHEREAS, the City of Carmel-by-the-Sea (City) requires ongoing information technology (IT),
technical support services; and
WHEREAS, the City engaged MarTech Inc., to provide expert IT technical support services in
2013; and
WHEREAS, the consultant has performed a variety ofiT support and technical services including
on-site IT services, installations and support, remote support, server/work station trouble shooting and
Audio Visual support for Council and Commission meetings; and
WHEREAS, an amendment to contract ASD-PSA-MARTECH-006-13 is required to continue the
IT technical support services; and
WHEREAS, the funds are planned and budgeted for and will be authorized from the
Administrative Services Department budget.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
Authorize t he City Administrator to amend the existing contract with MarTech inc., for various
IT technical support services in an amount not to exceed $35,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-
SEA this 3'd day ofDecember 2013 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Daryl A Betancur, CMC
Deputy City Clerk
SIGNED,
Jason Burnett, MAYOR
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'
A ITACHMENT II
Agreement number: ASO-PSA-Martech-006-13
NOTE: Please include this Agreement number on the Billing invoice.
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this t2--aay of 3 b ~
and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY")
and MarTech Inc., hereinafter referred to as "CONSULTANT".
WITNESSETH
WHEREAS, the CITY is interested in Information Technology (IT) technical
support and services; and
WHEREAS, the CITY desires to retain the services of a qualified technical expert
to provide IT technical support and certain administrative services while the CITY goes
through a procurement effort to obtain enterprise IT support services; and
WHEREAS, CONSULTANT represents that as outlined in Exhibit "A", MarTech
Inc. is qualified to perform the services under this Agreement.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform information technology technical and
administrative support on an as-needed basis described as Scope of Services set forth
in Exhibit "A" attached hereto and incorporated herein by this reference.
Said services and all duties incidental or necessary thereto shall be
performed diligently and competently and in accordance with professional standards of
performance.
2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with t his
agreement in the amount of $100.00 per hour in an amount not to exceed $25,000 for
FY 2013-14 through FY 2014-15 while enterprise wide support and administrative
services are procured.
B. Payment of the invoice for services rendered will be
made after acceptance and approval by the CITY within thirty (30) days of receipt by the
City of such invoice.
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3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures,
photographs, memoranda, and any other documents which are developed, compiled, or
produced as a result of this Agreement, whether or not completed, shall vest with the
CITY.
B. Methodology, materials, software, logic and systems developed under this
Agreement are the property of CONSULTANT and the CITY, and may be used as
CONSULTANT and/or the CITY see fit, including the right to revise or publish the same
without limitation.
4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Administrative Services Director for the CITY shall have the primary
administrative responsibility for the CITY under this Agreement, and shall review and
approve CONSULTANT's invoices to the CITY under this Agreement.
B. The Administrative Services Director for the CITY shall have primary
responsibility for overseeing and directing CONSULTANT's preparation of the Scope of
Services, and shall coordinate all communications with CONSULTANT from the CITY.
5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed
technology consulting services for the City.
B. CONSULTANT will diligently proceed with the work contracted for, but it is
expressly agreed and understood that CONSULTANT shall not be held responsible for
delays occasioned by factors beyond their control, nor by factors that could not
reasonably have been foreseen at the time of execution of this Agreement.
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6. SUSPENSION/TERMINATION OF AGREEMENT
A The right is reserved by the CITY or CONSULTANT to terminate or
suspend this Agreement with or without cause at any time by giving thirty (30) day's
written notice to the other party. In that event, all finished or unfinished documents,
date, studies, surveys, drawings, maps, models, photographs and reports, or other
material prepared by CONSULTANT pursuant to this Agreement shall be delivered to
the CITY; and CONSULTANT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on the project prior to the date of
suspension or termination.
7. ASSIGNMENT
A This Agreement may not be assigned or otherwise transferred by either
party hereto without the prior written consent of the other party.
8. ADDITIONAL SERVICES
A CONSULTANT may be requested to perform additional services beyond
the original Scope of Services as defined in Exhibit "A". Such additional services
include those due to abnormal conditions beyond CONSULTANT's control, changes in
phasing, time delays, changes in scope or requirements on the part of others and
services necessitated by legal challenge of the Plan. Such work will be undertaken only
upon written authorization of the CITY based upon an agreed amount of compensation.
9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A CONSULTANT will not discriminate against any employee or applicant for
employment because of race, creed, color, sex, age, national origin, marital status,
physical or other motor handicap, unless based upon bonafide occupational
qualification. CONSULTANT will take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their
race, creed, color, sex, age, national origin, and marital status, physical or other motor
handicap.
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10. HOLD HARMLESS
A CONSULTANT agrees to hold harmless the CITY, its public officials,
officers and employees from any loss, damage or liability arising directly from any
negligent act or omission by CONSULTANT. CONSULTANT shall not be responsible
for any loss, damage or liability arising from any act or omission by the CITY, its agents,
staff, other consultants, independent contractors, third parties or others working on the
project that have not been hired by CONSULTANT and over which CONSULTANT has
no supervision or control.
11. INSURANCE
A WORKER'S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor
Code of the State of California which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and it certifies that it will comply with such provisions before
commencing performance under this Agreement.
12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this
Agreement, an independent contractor.
13. CONFLICTS OF INTEREST
A CONSULTANT shall at all time avoid conflicts of interest, or the
appearance of conflicts of interest, in the performance of this Agreement.
CONSULTANT shall file statements of financial interest, on forms provided by the CITY,
to the extent and at the times required by the CITY's Conflict of Interest Code and
applicable law.
B. During the term of this Agreement, CONSULTANT shall conduct city
related communications with non-governmental groups, agencies, or individuals,
exclusively through the CITY.
14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as
follows (until notice of a different address is given to the parties):
THE CITY: Jason Stilwell, City Administrator
City of Carmel-by-the-Sea
PO Box CC
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CONSULTANT:
Carmel, CA 93921
Jeff Marshall
MarTech Inc.
Any and all notices or other communications required or permitted relative
to this Agreement shall be in writing and shall be deemed duly served and given when
personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is
directed; or in lieu of such personal service, when deposited in the United States mail,
first class, postage prepaid, addressed to CONSULTANT or to the CITY at the
addresses set forth above.
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other party in the manner provided for in
the preceding paragraph.
15. ATTORNEY'S FEES AND COURT VENUE
A Should either party to this Agreement bring legal action against the other,
(formal judicial proceeding, mediation or arbitration), the case shall be handled in
Monterey County, California, and the party prevailing in such action shall be entitled to a
reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator
hearing the case and such fee shall be included in the judgment, together with all costs.
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16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A This document represents the entire and integrated Agreement between
the CITY and CONSULTANT, and supersedes all prior negotiations, representations
and agreements, either written or oral.
17. GOVERNING LAW
A This Agreement shall be governed by the laws of the State of California.
18. SEVERABILITY
A If any term of this Agreement is held invalid by a court of competent
j urisdiction the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first hereinabove written.
CITY
By: q 'f/
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