CITY COUNCIL
Staff Report
November 7, 2017
CONSENT AGENDA
RECOMMENDATION:
Adopt a resolution authorizing the City Administrator to execute Amendment No. 3 to a Professional Services
Agreement with Franklin Technology Management in a total amount not to exceed $60,000 for contract
Information Technology services.
BACKGROUND/SUMMARY:
The City utilizes a variety of consultants to augment its staffing capacity to provide specialized services to assist
with ongoing daily operations. The City has been using Franklin Technology Management for desktop computer
related tasks and for augmenting the ability of the IT Manager to respond to computer support requests in a
timely manner.
On November 10, 2016 the City Administrator entered into an agreement with Franklin Technology Management
for contract Information Technology services for a not to exceed cost of $15,000. Seven local businesses were
solicited for rates and qualifications and Franklin Technology was selected for price and quality of response.
Amendment number 1 was entered into on July 25, 2017, increasing the dollar amount and term at rates
previously agreed to.
IT services were among a mass request for statements of qualifications spearheaded by the Public Works
Department where the City sought responses from qualified consultants for 20 different services areas,
including information technology. In anticipation of receiving responses to the Public Works SOQ solicitation
amendment number 2 was entered into on September 12, 2017, as a short-term bridge for services.
The City received only one response to the SOQ in the IT services category, which offered more high level
services than those which the City receives from Franklin. Staff is recommending that the agreement with
Franklin be amended to cover the IT service need until another RFP process or the potential recruitment for a
full time IT technician can be undertaken, through June 30, 2018 and for an additional $35,000 for a new not to
exceed amount of $60,000.
According to the Carmel-by-the-Sea Municipal Code, contracts exceeding $24,999 shall be entered into only by
Council authorization. The proposed recommendation for City Council consideration is to authorize the City
Administrator to execute an amendment to an existing agreement with Franklin Technology Management.
FISCAL IMPACT:
The contracting of professional computer consultants is authorized in the annual budget fiscal year along with all
other professional services that are used routinely. The additional $35,000 will be absorbed in the Citys existing
operating budget.
ATTACHMENTS:
Attachment 1 - Resolution
Attachment 2- Agreement_Amendment
CITY OF CARMEL-BY-THE-SEA Attachment 1
CITY COUNCIL
WHEREAS, the City has been using Franklin Technology Management for desktop computer related
tasks and for augmenting the ability of the IT Manager to respond to computer support requests in a more
timely manner; and
WHEREAS, the City Administrator entered into an agreement with Franklin Technology Management
for contract Information Technology services on November 10, 2016 for a not to exceed cost of $15,000.; and
WHEREAS, amendment number 1 was entered into on July 25, 2017, increasing the dollar amount and
term at rates previously agreed to; and
WHEREAS, amendment number 2 was entered into on October 15, 2017, increasing the dollar amount and
term at rates previously agreed to; and
WHEREAS, additional support is required while we study options for ongoing supplemental IT resources and
that sufficient funds exist in the IT Contractual Services (01-65053) account to cover the shortfall; and
WHEREAS, purchases and contracts for services of an estimated market value of $25,000 or more
require approval by Council resolution in accordance with Municipal Code Section 3.12.320.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-
THE-SEA DOES HEREBY:
Authorize the City Administrator to execute Amendment No. 3 to a Professional Services Agreement
with Franklin Technology Management in a total amount not to exceed $60,000 for contract Information
Technology services.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this
7th day of November 2017, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
SIGNED: ATTEST:
Attachment 1
_______________________ ___________________________
Steve G. Dallas, Mayor Ashlee Wright, City Clerk
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Attachment 2
THIS AGREEMENT is executed this 1st of December 2017 by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation (hereinafter CITY), and FRANKLIN
TECHNOLOGY MANAGEMENT, (hereinafter "CONSULTANT").
3. Term. The work under this Agreement shall commence on January 1, 2017 and
terminate on July 1, 2018. The parties may agree to extend or amend this Agreement prior to its
expiration.
Compensation under this Agreement shall become due and payable thirty (30) days after
CITYs approval of CONSULTANTS submission of monthly written invoices. Written invoices
shall clearly itemize each charge. The payment of any compensation to CONSULTANT hereunder
shall be contingent upon performance of the terms and conditions of this Agreement to the
reasonable satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written invoice has not
been performed in accordance with the terms of this Agreement, CITY shall not be responsible
for payment until such time as the work has been performed to the reasonable satisfaction of the
City Administrator.
5. Additional Services. In the event that CITY should request additional services
not covered by the terms of this Agreement, said additional services and compensation shall be
agreed upon in advance and in writing by CONSULTANT and the City Administrator.
CONSULTANT shall not be compensated for any additional services unless such additional
services and compensation are approved by the City Council inasmuch as all Agreements
exceeding $24,999.00 require City Council approval to be valid.
6. Meet and Confer. CONSULTANT agrees to meet and confer with CITY or its
agents or employees with regard to services as set forth herein as may be required by City
Administrator to insure timely and adequate performance of this Agreement.
unless the notice provides otherwise. If CITY suspends or terminates a portion of this Agreement
such suspension or termination shall not make void or invalidate the remainder of this Agreement.
In the event this Agreement is terminated pursuant to this section CITY shall pay
CONSULTANT the actual value of the work performed up to the time of termination provided that
the work performed is of value and approved by CITY. Upon termination of this Agreement
pursuant to this section CONSULTANT will submit an invoice to CITY pursuant to section 4 of
this Agreement.
To the fullest extent permitted by law (including, without limitation, California Civil
Code Sections 2782 and 2782.6, if applicable), CONSULTANT shall defend (with legal counsel
reasonably acceptable to designated agents, departments, officials, representatives, and
employees, collectively Indemnitees) from and against claims, loss, cost, damage, injury expense
and liability (including incidental and consequential damages, court costs, reasonable attorneys
fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the
negligence, recklessness, or willful misconduct of CONSULTANT, any sub-consultant, anyone
directly or indirectly employed by them, or anyone that they control (collectively Liabilities). Such
obligations to defend, hold harmless and Indemnify any Indemnitee shall not apply to the extent
that such Liabilities are caused in part by the negligence, or willful misconduct of such Indemnitee.
10. Insurance. CONSULTANT shall submit and maintain in full force insurance as
described herein. Without altering or limiting CONSULTANTS duty to indemnify, CONSULTANT
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Attachment 2
shall maintain in effect throughout the term of this Agreement, a policy or policies of insurance
with the following minimum limits of liability:
Or
Exception may be made for the State Compensation Insurance Fund when
not specifically rated.
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Attachment 2
D. Prior to the start of work under this Agreement CONSULTANT shall file
certificates of insurance and endorsements evidencing the coverage
required by this Agreement with the City Administrator. CONSULTANT
shall file a new or amended certificate of insurance promptly after any
change is made in any insurance policy which would alter the information
on the certificate then on file.
11. Ownership of Work. Upon completion of the work under this Agreement,
ownership and title to all materials and deliverables produced as part of this Agreement will
automatically be vested in CITY and no further Agreement will be necessary to transfer ownership
to CITY. CONSULTANT shall not be held liable for any modification or re-use of CITY-owned
materials and deliverables for purposes outside their original intent.
13. Termination. This Agreement may be terminated by either party upon thirty (30)
calendar days written notice to the other party. In the event of such termination, CITY shall pay
CONSULTANT for all services performed in accordance with this Agreement to the date of receipt
of notice of termination. An itemized statement of the work performed to the date of termination
shall be submitted to CITY. In ascertaining the services actually rendered hereunder up to the date
of termination of this Agreement, consideration shall be given to both completed work and work in
process of completion, and to complete and incomplete drawings and other documents whether
delivered to CITY or in the possession of the CONSULTANT.
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Attachment 2
15. Authority of the City Administrator. CONSULTANT shall perform all necessary
services provided under this Agreement and outlined in the proposal and shall do, perform, and
carry out said work in accordance with this Agreement as determined by and to the reasonable
satisfaction of the City Administrator. The City Administrator reserves the right to make changes,
additions or deletions, to the scope of work as deemed necessary or advisable to implement and
carry out the purposes of this Agreement. The City Administrator is authorized to execute change
orders.
17. Audit Authority. CONSULTANT shall keep full and detailed accounts and
exercise such controls as may be necessary for proper financial management under this
Agreement; the accounting and control systems shall be satisfactory to CITY. CITY and CITYs
auditor shall be afforded access to CONSULTANTs records, books, correspondence and other
data relating to this Agreement. CONSULTANT shall preserve these records, books,
correspondence and other data relating to this Agreement for a period of four (4) years after final
payment or for such longer period as may be required by law. In addition, CONSULTANT agrees
to make said records, books, correspondence and other data relating to this Agreement available
to CITY at CITYs principle place of business upon seventy-two (72) hours advance written notice.
The City Administrator, or his or her designee, shall at all times have the right to inspect the work,
services, or materials. CONSULTANT shall furnish all reasonable aid and assistance required by
CITY for the proper examination of the work or services and all parts thereof. Such inspection shall
not relieve CONSULTANT form any obligation to perform said work or services strictly in
accordance with the specifications of any modifications thereof and in compliance with the law.
18. Notices. All notices herein provided to be given, or which may be given by either
party to the other, shall be considered fully received when made in writing and deposited in the
United States mail, certified and postage prepaid, and addressed to the respective parties as
follows:
20. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties hereto and supersedes any and all prior Agreements, whether oral or written, relating
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Attachment 2
to the subject matter thereof. Any modification of this Agreement will be effective only if it is in
writing signed by both parties hereto.
22. Assignment of Interest. The duties under this Agreement shall not be
assignable, delegable, or transferable without the prior written consent of CITY. Any such
purported assignment, delegation, or transfer shall constitute a material breach of this Agreement
upon which CITY may terminate this Agreement and be entitled to damages.
23. Conflict of Interest/Political Reform Act. CONSULTANT shall at all times avoid
conflicts of interest, or the appearance of conflicts of interest, in the performance of this
Agreement.
During the term of this Agreement CONSULTANT shall not directly or indirectly,
either as a partner, employer, employee, consultant, principal, and agent or in any individual or
representative capacity, engage or participate in any business or voluntary activity on behalf of
any other party on any property located within the City of Carmel-by-the-Sea without notification
to City Administrator.
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, marital status, physical or other motor handicap.
26. Laws. CONSULTANT agrees that in the performance of this Agreement it will
reasonably comply with all applicable state, federal and local laws and regulations. This
Agreement shall be governed by and construed in accordance with the laws of the State of
California and the City of Carmel-by-the-Sea.
27. Attorneys Fees and Court Venue. 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 attorneys 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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Attachment 2
28. Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto in Carmel,
California, on the day and year first written above.
CITY OF CARMEL-BY-THE-SEA:
CONSULTANT:
ATTEST:
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Attachment 2
Exhibit A
Franklin Technology will provide the following services as directed by the IT Manager
Duties
Deployment of new and refurbished workstations, laptops, mobile and tablet devices
Deployment of networking components such as switches, routers, firewalls, IP cameras,
VOIP phones, printers etc.
Network closet and server room cleanup, including cabling, power management and
rack consolidation and replacement
Other IT services as requested and mutually agreed by City of Carmel IT Manager and
Franklin Technology Management
Compensation
Work performed remotely will be tracked in 15 minute increments and billed at a rate of $110.00
per hour.
Work performed onsite will be tracked in 30 minute increments and billed at a rate of $110.00
per hour.
The city requires a minimum commitment of 12 hours per week for the duration of the contract
or until the not to exceed amount of $60,000.00 has been reached.
All work will be billed monthly and payable within 30 days of receipt of invoice.
Requirements
All staff that work onsite or remotely will be required to have a background check performed by
City of Carmel-by-the-Seas staff or designee.
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