SHI International Corp
SHI International Corp.
Response to
City of La Quinta
REQUEST FOR PROPOSAL
Information
Technology Services
Presented by: Ashley Kim
Inside Account Executive
732-564-8541
Ashley_Kim@shi.com
May 30, 2019
A. Cover Letter
May 30, 2019
Gilbert Villalpando, Assistant to City Manager
City of La Quinta, City Manager’s Office
78-495 Calle Tampico
La Quinta, CA 92253
gvillalpando@laquintaca.gov
Dear Gilbert Villalpando,
Thank you for your interest in SHI and for the opportunity to participate in City of La Quinta’s Request
for Proposal for Information Technology Services. SHI values your business and we are committed to
continuing the level of service and support that City of La Quinta has come to know and expect from SHI.
SHI provides the highest level of customer support and service to all of our customers. Under our Quality
Management System, City of La Quinta is assured that our solution delivers the services that you need
when you need them. We have a wide array of solutions to offer City of La Quinta and we look forward
to building a managed program that integrates your organizational requirements.
SHI has a proven record of success with customers of similar size and nature to City of La Quinta.
Leveraging our broad range of authorizations and manufacturer relationships, SHI is uniquely qualified
to support all requirements contained in this RFP and offer a “one stop shop” for your IT Procurement.
Our proposal provides a streamlined and efficient managed program which we expect will help City of La
Quinta to realize efficiencies and ultimately cost savings.
All information and pricing provided in the proposal is valid for at least 90 days. Any individual who
will perform work for the City of La Quinta is free of any conflict of interest.
I appreciate the opportunity to participate in this evaluation. If you require additional information,
please contact me at 732-564-8541 or Ashley_Kim@shi.com. Thank you in advance for your
consideration and I look forward to hearing from you.
Sincerely,
Natalie Castagno Ashley Kim
Director of Response Team Inside Account Executive
SHI International Corp. SHI International Corp.
(Authorized to bind SHI) (Main SHI POC)
290 Davidson Avenue 290 Davidson Avenue
Somerset, NJ 08873 Somerset, NJ 08873
(Main office and Supporting office for The City)
Table of Contents
A. Cover Letter .............................................................................................................................................. 2
B. Background on the Firm and its Experience............................................................................................. 4
C. References ............................................................................................................................................. 12
D. Disclosure of Contract Failures .............................................................................................................. 12
E. Warranty/Guarantee of Work Product .................................................................................................... 13
F. List of Complimentary Services .............................................................................................................. 13
G. Subcontracting ....................................................................................................................................... 15
H. Insurance Coverage Statement & Indemnification ................................................................................. 16
I. Non-Collusion Affidavit ............................................................................................................................ 18
Attachment 1 – Experience and Approach ................................................................................................. 19
Attachment 2 – Price Structure ................................................................................................................... 23
Attachment 3 - References ......................................................................................................................... 24
Attachment 4 – Agreement for Contract Services ...................................................................................... 24
Attachment 5 – Non-Collusion Affidavit ...................................................................................................... 61
Appendix A – Staffing Experience .............................................................................................................. 62
Appendix B – SHI: Certificates & Forms ..................................................................................................... 64
B. Background on the Firm and its Experience
1) Number of years in business;
SHI Response:
29 years
2) Taxpayer identification number;
SHI Response:
22-3009648
3) Number of years working with government agencies;
SHI Response:
SHI has been working with government agencies for 20+ years. Our first state-wide contract was
awarded in 1994; since then we have continued to build and focus on the specific needs of public
sector customers. SHI is proud that we currently hold IT contracts across all 50 states.
Through these contracts, we build connections that dive deeply into infrastructure, procurement,
and regulation obstacles our clients face. In 2017 SHI Public Sector sales revenue was $1.85B. SHIs
growth stems from two key factors:
o Our commitment to the public sector with over 90 dedicated Public Sector sales
representatives based within their State or region.
o Our commitment to understanding how your IT suppliers must meet not only the needs
of the State Contract Procurement Office but also the needs of each individual state
agency, local government entity, and academic institution.
To better serve the needs of our customers, SHI has forged longstanding alliances with our top
manufacturers and their management and support teams. Our partnerships allow us to identify
and understand the unique requirements stemming from industry forces affecting our
customers. We offer vertical solutions ranging from Digital Learning for K-12 schools to Public
Safety for state and local government. In a market where technology is rapidly changing, we bring
further value by offering the ability to add partners and solutions as they emerge, and our agnostic
approach helps ensure the solution meets your needs. Our sales and support teams also attend
seminars, trainings, and customer facing events in support of new technology solutions and
customer goals.
4) Resumes of the project manager and key personnel who will be responsible for
performance of any contract resulting from this RFP;
SHI Response:
Please see resumes included below.
IT Technician Resume
Network Engineer Resume
Project Manager
Due to current PM availabilities and schedules, the Project Manager will be assigned upon
contract award. The profile below exemplifies the qualifications of all SHI Project Managers.
Inside Account Executive Bio
SHI – Inside Account Executive (Aug 2018 – Current)
o Prospecting into existing and new customers to build relationships
o Provide consultation to customers regarding their IT solutions needs
o Process orders and quote for both new and existing customers
5) Firm ownership and, if incorporated, the state in which the firm is
incorporated and the date of incorporation; and
SHI Response:
Privately owned
Incorporated in New Jersey
11-28-1989
6) If the firm is a subsidiary of a parent company, identify the parent company.
SHI Response:
N/A
C. References
References of California government agencies for similar services within the last three (3)
years, which shall include:
1) Client name, client project manager, telephone number and e-mail address;
2) Project description;
3) Project start date, and end date;
4) Staff assigned to each project by your firm; and
5) Discussion of final outcome.
SHI Response:
SHI is unable to provide a list of every business for which we perform these services due to the
restrictions of confidentiality agreements in place with our customers.
D. Disclosure of Contract Failures
Disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal
litigation or investigation pending, which involves the firm or in which the firm has been
judged guilty or liable within the last five years. If there is nothing to disclose, the firm must
state as such in writing.
SHI Response:
Currently SHI is not involved in any lawsuits with our customers, partners or suppliers. SHI also has not
had any contract failures.
E. Warranty/Guarantee of Work Product
Description of the firm’s warranty/guarantee of work product.
SHI Response:
SHI passes through the warranty terms from the manufacturer. These terms, remedies, and response
times will vary by manufacturer and product. SHI will process a return and replacement if allowed by
the manufacturer’s warranty and return policies. Additional product warranty is available upon request.
F. List of Complimentary Services
List complementary services, for example, Managed Services, offered by the firm along with
corresponding prices.
Value Added Services included in SHI product markup
Dedicated Account Team
o Lead Account Executives
o Regional Account Teams located in:
o North America
o United Kingdom
o Hong Kong
o Inside Sales Support Teams based in NJ and UK
Technical Support
o Customer Innovation Center
o TestDev and QA Sandbox
o Proof of Concepts
o Field Solution Engineers
o Solution Architecting
o Technical Evaluations
o Trending
o Technology Roadmaps
o Technology Assessments
o Implementation Planning
OEM/Publisher Support
o Vendor Consolidation
o Program Expertise
o Product Expertise
o Licensing Expertise
o Contractual Expertise
o Price Modeling
Price Value
o Transparent Pricing Model
o Financing & Leasing Options
o NET 30 Terms
o NMSDC & WBENC Diversity Certification
Logistics Management
o e-commerce/P2P portal Integration
o Operations Management
o SLA Reporting
Ongoing Support
o Renewals Management Service
o BI Reporting
o Consumption Reporting
o Trend Reporting
o License Consolidation Reporting Microsoft
o Adobe
o Communications and Engagement
o Business Reviews
o Funded SHI Summits
o Webinars
o Newsletters
o Briefings
Fee-Based Services
ITAM Services
o Baseline Compliance and Optimization
o Deployment Positions
o Entitlement Positions
o Hardware Inventory Discovery
o Managed Services (Continuous Compliance and Optimization)
o Audit Defense
o IT Asset Management Workshops
o ITAM Consulting
Procurement Services
o Procurement as a Service Offering (Paas)
o Contract Baseline
o Contract Optimization
o Contract Review/EULA Review
o Acquisition/Divestiture Support
o RFx Support and Price Negotiation
o Audit Preparation
Cloud Services
SHI has engineers and partners credentialed in top cloud platforms such as AWS, GCP and Azure, and
also in compatible products such as Box, CommVault, One Login, Veeam, Symantec, VMWare, Cisco and
others, that gives the customer a one stop shop.
Solutions Services
o On site Installations and Deployment
o Asset Disposal
o Warranty Services
o Staff Augmentation
o Break-Fix Support
o Secure Data Removal and Destruction
o Network and Data Center Support
o All Services requiring a SOW
Integration Services
o Inventory Management/Warehousing
o Asset Tagging
o Configuration & Imaging
o Kitting and Packaging
o Server Rack and Stack
o Laser Etching
o Project Coordination
o Available for Amazon Web Services (AWS), Google Cloud Platform (GCP) & Microsoft CSP
(Azure & O365)
o Assessments
o Cloud Optimization
o Cloud Migration Preparation
o Cloud Adoption Services
o Simplified Billing (Typically offered at the Direct Price from Cloud Provider)
G. Subcontracting
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a firm
can demonstrate to the City’s satisfaction that it is in the best interest of the project to permit
a portion of the service(s) to be subcontracted, it may be considered. Provide details on the
role of any subcontractor that will be used.
SHI Response:
SHI uses a network of Elite Partners to deliver our staffing solution. These partners have been vetted
specifically to provide the services required for staffing augmentation services. While SHI is continually
evaluating and updating our partner list, some of these partners have been used by SHI for as much as
15 years. As a part of SHI’s continuing commitment to our partner alliances, quarterly business reviews
are held with our most strategic partners to ensure performance is up to the high standards of SHI.
While these reviews are key to the overall relationship maintenance, SHI reports, in real time, any issues
that may affect customer satisfaction on a specific project. In order to maintain Elite Partner status, our
partners must be responsive to SHI and its customer’s needs and satisfaction. SHI is continually striving
to improve our relationships with our current Elite Partner set as well build relationships with new
partners who may be a good fit for the Elite Partner program.
H. Insurance Coverage Statement & Indemnification
A statement that, if selected, the firm will provide the minimum insurance coverage and
indemnification noted in Sections 5.0 and 6.0 of the City’s Professional Services Agreement.
(Attachment 4). *Exhibit E – Insurance Requirements
SHI Response:
SHI will provide the minimum insurance coverage.
Please see SHI’s Insurance Certificate attached.
For Indemnification, please see SHI comments to Attachment 4 below.
I. Non-Collusion Affidavit
NON-COLLUSION AFFIDAVIT executed by an official authorized to bind the firm. (Attachment 5)
Attachment 1 – Experience and Approach
1. How many technical employees does your firm employ?
400+
2. Does your firm have technical employees that are local to the
Coachella Valley? Yes or No
Yes
3. Does your company have a partnership with any major IT
companies? i.e.., Cisco, Microsoft, Google
Yes or No
Yes, SHI partners with all the major OEM’s and publishers.
4. What industry certifications do your employees hold?
Please see Technical Certifications attached in our email.
Technical
Certifications - SHI.xlsx
5. Do you currently recommend that customers use any particular
software that allows users to create a service ticket? Yes or No
If Yes, what software, and is there a cost to the City?
No
6. Do you currently recommend that customers use any software to track
network and workstation performance/status? Yes or No
If Yes, what software, and is there a cost to the City?
No
7. Do you currently recommend that customers use any software to track
hardware and software inventory (including serial and licenses numbers)?
Yes or No
If Yes, what software, and is there a cost to the City?
No
8. Do you have Staff that specializes in special data base programs? Yes or
No
Yes
9. Is your staff able to troubleshoot problems related to Microsoft SQL Server,
versions 2000, 2008,2012, 2016? Yes or No
Yes
10. Is your staff able to do administration tasks on VMware vSphere 5.5?
Yes or No
Yes
11. Is your staff able to do administration tasks on Cisco Meraki
switches? Yes or No
Yes
12. Is your staff proficient with MX-100 firewalls? & AASA firewalls? Yes
13. If so, what administration tasks have been performed on the appliances?
Yes
14. Is your staff able to troubleshoot problems with iPhones/iPads? Yes or No
Yes
15. Is your staff able to troubleshoot problems with copiers and scanners?
Yes or No
Yes
16. Is your staff able to troubleshoot email issues with Microsoft 365? Yes or No
Yes
17. Is your staff able to perform administration/configuration tasks with a Mitel on-
premise VoIP system? Yes or No
If yes, what tasks has your staff performed?
No
18. Is your staff able to troubleshoot problems related to an electronic Geographic
Information System (the City uses ESRI ArcServer and Desktop)? Yes or No
If yes, please give some examples of how you assisted clients with identifying
and resolving the problems.
No
19. Is your staff familiar with Nimble Storage products and able to perform
configuration tasks and troubleshoot performance issues with SAN devices? Yes
or No
Yes
20. Does your firm have application developers on staff?
Yes
21. How many application developers/programmers does your firm employ?
Please see Appendix A – Staffing Experience attached.
22. Please list programming languages your staff is proficient with and years of
experience developing applications in those languages?
Please see Appendix A – Staffing Experience attached.
23. Please describe any custom application(s) your firm has developed that has
solved a business problem by streamlining processes.
If so, please describe what the problem was and how your application solved the
issue and include the cost/time of the project.
Please see Appendix A – Staffing Experience attached.
24. The City is looking to move our IT infrastructure and services to the next level using
innovative and forward-thinking technology and solutions to accomplish this. Please
describe either a custom application your firm developed or solution your firm
implemented that provided a service in a unique way.
Please see Appendix A – Staffing Experience attached.
25. How many municipalities has your firm developed applications/solutions for? Please
list the application developed and, if possible, a link to the application. Also, please
include references for these projects.
Please see Appendix A – Staffing Experience attached.
26. Does your firm develop applications for mobile devices? If so, what language do you
use to develop these Apps? Please list references of recent/current projects.
Please see Appendix A – Staffing Experience attached.
27. How many years of experience does your firm have in Mac OS App development?
Please list application(s) developed and references for project.
10+ years
28. Is your firm familiar with resources such as GitHub? What programming communities does your
firm associate with?
Yes.
29. What are your opinions on communities such as GitHub?
SHI believes community insight gives our customers valuable information they can use to
improve their . products. Access to and insights into communities mean you can leverage the
power of those communities. Access to LinkedIn data gave Microsoft valuable insight. Based on
the analysis of LinkedIn-data, Microsoft could see the importance of developers – which
influenced the decision to buy GitHub. As such, community insight gives you vital information
you can use in your business decisions.
30. What are the pros and cons of using open source code as opposed to creating the code
completely in-house?
Please see Appendix A – Staffing Experience attached.
31. Do you test your code for security vulnerabilities? If so, do you use a third-party vendor to test
the code? Please list references.
Please see Appendix A – Staffing Experience attached.
32. Use this opportunity to showcase any project your firm is particularly proud of that used
technology to solve an issue and/or was able to save the company money. We are most
interested in municipal projects, but would like to hear if your firm helped a private company
solve an issue in a unique and innovative way. Please describe project and provide references.
Please see Appendix A – Staffing Experience attached.
Attachment 2 – Price Structure
1. Hourly Rate:
Network Engineer: $96.60/hr
IT Technician: $47.15/hr
Project Manager: : $125/hr
Sr. Project Manager: $175/hr
2. Hours/Days when Normal Service is Available: Monday through Friday, 8 a.m. to 5 p.m. local time
3. Travel/Trip Charges (if any): T&E not included. Receipts will be provided and approved by City.
4. Any Minimums that Apply: Three (3) months minimum
5. Rate(s) for After Hours Work: Overtime will apply after 40 hours worked weekly at a rate of 1.5
hourly. Rates for Overtime as follows:
o Network Engineer: $144.90/hr
o IT Technician: $70.72/hr
o Project Manager: : $187.50/hr
o Sr. Project Manager: $262.50/hr
6. Rate(s) on Weekends: Overtime will apply after 40 hours worked weekly at a rate of 1.5 hourly.
Rates for Overtime as follows:
o Network Engineer: $144.90/hr
o IT Technician: $70.72/hr
o Project Manager: : $187.50/hr
o Sr. Project Manager: $262.50/hr
7. Rate(s) on Holidays: Overtime will apply after 40 hours worked weekly at a rate of 1.5 hourly.
Rates for Overtime as follows:
o Network Engineer: $144.90/hr
o IT Technician: $70.72/hr
o Project Manager: : $187.50/hr
o Sr. Project Manager: $262.50/hr
8. Any Alternate Pricing Structures (such as block of hours): None offered at this time.
Submitted By:
Signature:
Printed/Typed Name: Marc Poole Title: Sr. Lead RFP Specialist Date: 5-8-2019
Attachment 3 - References
Please provide three references from within the past three years of similar work/scope;
a phone number or email address is required. References submitted without one of
these will not be accepted.
SHI Response:
SHI is unable to provide a list of every business for which we perform these services due to the
restrictions of confidentiality agreements in place with our customers.
Attachment 4 – Agreement for Contract Services
SHI Response:
SHI reserves the right to negotiate the terms and conditions of the final contract. Please see our
Exceptions included in our response.
Exhibit A
Page 1 of 22 Last revised summer 2017
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and SHI International Corp. a New Jersey corporation
(“Contracting Party”). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related
, as specified in the “Scope of Services” attached hereto
as “Exhibit A” and incorporated herein by this reference (the “Services”).
Contracting Party represents and warrants that Contracting Party is a provider
of first-class work and/or services and Contracting Party is experienced in
performing the Services contemplated herein and, in light of such status and
experience, Contracting Party covenants that it shall follow industry standards
in performing the Services required hereunder. For purposes of this
Agreement, the phrase “industry standards” shall mean those standards of
practice recognized by one or more first-class firms performing similar
services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
Exhibit A
Page 2 of 22
employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in Section
4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and its
deliverables thereof to prevent losses or damages, and shall be responsible for
all such damages, to persons or property, until acceptance of the Services by
City, except such losses or damages as may be caused by City’s own
negligence. The performance of Services by Contracting Party shall not relieve
Contracting Party from any obligation to correct any incomplete, inaccurate,
or defective work at no further cost to City, when such inaccuracies are due
to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to those
specified in the Scope of Services (“Additional Services”) only when directed
to do so by the Contract Officer, or assigned designee, provided that
Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
Exhibit A
Page 3 of 22
change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.3 of this
Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
1.9 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
AGREEMENT, CONTRACTING PARTY HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO SERVICES OR
DELIVERABLES TO BE PROVIDED BY CONTRACTING PARTY HEREUNDER,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF
NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY
PRODUCTS, EQUIPMENT AND SOFTWARE.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed
Dollars ($00.00) per year for the life of the
Agreement, encompassing the initial and any extended terms. (the “Contract
Sum”), except as provided in Section 1.7. The method of compensation set
forth in the Schedule of Compensation may include a lump sum payment upon
completion, payment in accordance with the percentage of completion of the
Services, payment for time and materials based upon Contracting Party’s rate
schedule, but not exceeding the Contract Sum, or such other reasonable
Exhibit A
Page 4 of 22
methods as may be specified in the Schedule of Compensation. The Contract
Sum shall include the attendance of Contracting Party at all project meetings
reasonably deemed necessary by City; Contracting Party shall not be entitled
to any additional compensation for attending said meetings. Compensation
may include reimbursement for actual and necessary expenditures for
reproduction costs, transportation expense, telephone expense, and similar
costs and expenses when and if specified in the Schedule of Compensation.
Exhibit A
Page 5 of 22
Regardless of the method of compensation set forth in the Schedule of
Compensation, Contracting Party’s overall compensation shall not exceed the
Contract Sum, except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to retention
pursuant to Section 8.3, City will pay Contracting Party for all items stated
thereon which are approved by City pursuant to this Agreement no later than
thirty (30) days after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee, pursuant
to Section 1.7 of this Agreement shall be paid for in an amount agreed to in
writing by both City and Contracting Party in advance of the Additional
Services being rendered by Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract
Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by
the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer, or assigned
designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that
the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established
in “Exhibit C” (the “Schedule of Performance”). Extensions to the
Exhibit A
Page 6 of 22
time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight
embargoes, acts of any governmental agency other than City, and unusually
severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced delay
when and if in the Contract Officer’s reasonable judgment such delay is
justified, and the Contract Officer’s determination, or assigned designee, shall
be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract
Officer, or assigned designee, to be justified pursuant to this Section shall not
entitle the Contracting Party to additional compensation in excess of the
Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on , and terminate on (“Initial Term”). This Agreement may
be extended for additional year(s) upon mutual agreement by both
parties (“Extended Term”).
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) - Tel No.
E-mail:
(b) Tel No.
Email:
It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
Exhibit A
Page 7 of 22
City to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
the [ENTER NAME OF DEPARTMENT MANAGER OR DIRECTOR] or assigned
designee may be designated in writing by the City Manager of the City. It shall
be Contracting Party’s responsibility to assure that the Contract Officer, or
assigned designee, is kept informed of the progress of the performance of the
Services, and Contracting Party shall refer any decisions, that must be made
by City to the Contract Officer, or assigned designee. Unless otherwise
specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer, or assigned designee. The Contract Officer,
or assigned designee, shall have authority to sign all documents on behalf of
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than 50 percent (50%) of the present
ownership and/or control of Contracting Party, taking all transfers into account
on a cumulative basis. Any attempted or purported assignment or contracting
or subcontracting by Contracting Party without City’s express written approval
shall be null, void, and of no effect. N o approved transfer shall release
Contracting Party of any liability hereunder without the express consent of
City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which Contracting
Party, its agents, or its employees, perform the Services required herein,
except as otherwise set forth herein. City shall have no voice in the selection,
discharge, supervision, or control of Contracting Party’s employees, servants,
Exhibit A
Page 8 of 22
representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contrac ting
Party shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. Except for the Contract
Sum paid to Contracting Party as provided in this Agreement, City shall not
pay salaries, wages, or other compensation to Contracting Party for performing
the Services hereunder for City. City shall not be liable for compensation or
indemnification to Contracting Party for injury or sickness arising out of
performing the Services hereunder. Notwithstanding any other City, state, or
federal policy, rule, regulation, law, or ordinance to the contrary, Contracting
Party and any of its employees, agents, and subcontractors providing services
under this Agreement shall not qualify for or become entitled to any
compensation, benefit, or any incident of employment by City, including but
not limited to eligibility to enroll in the California Public Employees Retirement
System (“PERS”) as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions
for PERS benefits. Contracting Party agrees to pay all required taxes on
amounts paid to Contracting Party under this Agreement, and to indemnify
and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor
relationship created by this Agreement. Contracting Party shall fully comply
with the workers’ compensation laws regarding Contracting Party and
Contracting Party’s employees. Contracting Party further agrees to indemnify
and hold City harmless from any failure of Contracting Party to comply with
applicable workers’ compensation laws.
4.5 Identity of Persons Performing Work. Contracting Party represents
that it employs or will employ at its own expense all personnel required for
the satisfactory performance of any and all of the Services set forth herein.
Contracting Party represents that the Services required herein will be
performed by Contracting Party or under its direct supervision, and that all
personnel engaged in such work shall be fully qualified and shall be
Exhibit A
Page 9 of 22
authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION & LIMITATION LIABILITY.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
Contracting Party), and hold harmless City and any and all of its officers,
employees, agents, and volunteers as set forth in “Exhibit F”
(“Indemnification”) which is incorporated herein by this reference and
expressly made a part hereof.
6.2 NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, PUNITIVE,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT
NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA, LOSS OF ANTICIPATED
REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER
ASSETS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT A PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 EXCEPT IN THE CASE OF A PARTY’S OBLIGATION TO INDEMNIFY
FOR THIRD PARTY CLAIMS, EITHER PARTY’S TOTAL CUMULATIVE LIABILITY
TO THE OTHER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN
CONTRACT, TORT OR OTHER THEORY, WILL NOT EXCEED THE TOTAL
AMOUNT OF FEES ACTUALLY PAID OR PAYABLE BY THE CITY TO
CONTRACTING PARTY UNDER THIS AGREEMENT FOR THE YEAR PREVIOUS TO
THE INCIDENT WHICH GAVE CAUSE FOR SUCH LIABILITY. CITY
ACKNOWLEDGES THAT SUCH AMOUNT REFLECTS THE ALLOCATION OF RISK
Exhibit A
Page 10 of 22
SET FORTH IN THIS AGREEMENT AND THAT CONTRACTING PARTY WOULD
NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS
LIABILITY.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting Party
hereby acknowledges that City is greatly concerned about the cost of the
Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
Exhibit A
Page 11 of 22
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents directly relating to the disbursements charged to City and
the Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall have,
at a maximum of one (1) time per calendar year (unless otherwise mandated
by law), reasonable access to such Books and Records upon thirty (30) days
notice during normal business hours of City, including the right to inspect,
copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years
following completion of the Services hereunder, and City shall have access to
such Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party’s business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
Exhibit A
Page 12 of 22
specific written authorization by Contracting Party will be at City’s sole risk
and without liability to Contracting Party, and Contracting Party’s guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City of
any Documents and Materials prepared by them, and in the event Contracting
Party fails to secure such assignment, Contracting Party shall indemnify City
for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by third parties or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at
any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not disclose
to any other entity or person any information regarding the activities of City,
except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
Exhibit A
Page 13 of 22
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party’s right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City’s right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices related to the default and shall,
when the default is cured, proceed with payment on the invoices. In the
alternative, City may, in its sole discretion, elect to pay some or all of such
outstanding invoices during any period of default.
8.3 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act by
Exhibit A
Page 14 of 22
Contracting Party requiring City’s consent or approval shall not be deemed to
waive or render unnecessary City’s consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.4 Rights and Remedies are Cumulative. Except with respect to rights
and remedies expressly declared to be exclusive in this Agreement, the rights
and remedies of the parties are cumulative and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same
default or any other default by the other party.
8.5 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.6 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered and actual expenses incurred up to the date of termination
and for any Services authorized by the Contract Officer, or assigned designee,
thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, or assigned designee, except amounts held
as a retention pursuant to this Agreement. Notwithstanding the provisions of
this section, a termination for convenience shall have no effect with respect
to any fixed term annual or subscription services.
8.7 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
Exhibit A
Page 15 of 22
to completion by contract or otherwise.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the Services
under this Agreement. Contracting Party further covenants that in the
performance of this Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent, or subcontractor without the
express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
Exhibit A
Page 16 of 22
No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee participate
in any decision relating to this Agreement which effects his financial interest or
the financial interest of any corporation, partnership or association in which he
is, directly or indirectly, interested, in violation of any State statute or
regulation. Contracting Party warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this
Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Insert Contract Officer
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
SHI INTERNATIONAL CORP.
Contracts Department
290 Davidson Avenue
Somerset, NJ 08873
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
Exhibit A
Page 17 of 22
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and
cancels any and all previous negotiations, arrangements, agreements, and
understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third -party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
Exhibit A
Page 18 of 22
10.10 Authority. The persons executing this Agreement on behalf of each
of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit A
Page 19 of 22
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
FRANK J. SPEVACEK, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST: By:
Name:
Title:
MONIKA RADEVA, City Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Exhibit A
Page 20 of 22
Exhibit A
Scope of Services
1. Services to be Provided:
[TO BE PROVIDED BY STAFF (include location of work)]
2. Performance Standards:
[TO BE PROVIDED BY STAFF]
OR
[See Attached]
Exhibit A
Page 21 of 22
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party shall
make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
Exhibit A
Page 22 of 22
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. RESERVED.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
Exhibit A
Page 23 of 22
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed
to a Class I, Class II, or Class III disposal site in accordance with provisions
of existing law; (2) subsurface or latent physical conditions at the site different
from those indicated by information about the site made available to bidders
prior to the deadline for submitting bids; or (3) unknown physical conditions
at the site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in work of the character
provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall iss ue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
Exhibit A
Page 24 of 22
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
Exhibit B
Page 1 of 1
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed
($ ) (“Contract Sum”). The Contract
Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party’s schedule of
compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this
Agreement.
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project Schedule,
attached hereto and incorporated herein by this reference.
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
[insert Special Requirements or indicate “None” if there are none]
Exhibit E
Page 1 of 7
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party’s acts or omissions rising out of
or related to Contracting Party’s performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
Exhibit E
Page 2 of 7
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting Party’s
employees will use personal autos in any way on this project, Contracting
Party shall provide evidence of personal auto liability coverage for each such
person. The term “automobile” includes, but is not limited to, a land motor
vehicle, trailer or semi-trailer designed for travel on public roads. The
automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party’s performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and “Covered
Professional Services” as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must “pay on behalf
of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability
insurance with limits of $1,000,000 per occurrence/loss which shall include
the following coverage:
a. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including
credit monitoring and regulatory fines arising from such theft,
dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
Exhibit E
Page 3 of 7
c.
d. Electronic Media Liability arising from personal injury, plagiarism
or misappropriation of ideas, domain name infringement or
improper deep-linking or framing, and infringement or violation
of intellectual property rights.
e.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
Exhibit E
Page 4 of 7
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
Exhibit E
Page 5 of 7
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the event
such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non -contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the Ci ty shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
12. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
Exhibit E
Page 6 of 7
obligations on City nor does it waive any rights hereunder in this or any other
regard.
13. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
14. Upon request, Contracting Party shall provide proof that policies
of insurance required herein expiring during the term of this Agreement have
been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior
to expiration. A coverage binder or letter from Contracting Party’s insurance
agent to this effect is acceptable. A certificate of insurance and an additional
insured endorsement is required in these specifications applicable to the
renewing or new coverage must be provided to City within ten (10) days of
the expiration of coverages.
15. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
16. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
17. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
Exhibit E
Page 7 of 7
18. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
19. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
20. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
Exhibit F
Page 1 of 3
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party’s Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, employees, and agents (“Indemnified Parties”) from and
against all third party claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the
extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear
the legal liability thereof) in the performance of professional services under
this agreement. With respect to the design of public improvements, the
Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Contracting Party.
b.
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
Exhibit F
Page 2 of 3
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the negligence of
City, provided such negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been negligent and where City’s negligence
accounts for only a percentage of the liability involved, the obligation of
Contracting Party will be for its portion or percentage of liability not
attributable to the negligence of City.
Attachment 5 – Non-Collusion Affidavit
Appendix A – Staffing Experience
SHI Response:
SHI On-Site Staffing Services is the perfect resource to engage when you need additional support for
new deployments or major upgrade projects. SHI offers a staff augmentation service like no other. At
SHI we carry a bench of consultants which cover various technologies from SharePoint, VMware, Linux,
Exchange, Cisco, Symantec, technical writers, project managers and so much more. Our ability to
personally screen our candidates allows us to not only find the best technologists but also those that will
fit into the culture of your company and work best with you and for you.
We also use a “Network of Partners”, with over 200 technology recruiters, to find the very best local
talent wherever you need them. This allows you to focus on your core business, not get consumed with
working with multiple vendors and using your valuable time for pre-screening.
Whether your needs are to fill a personnel gap for 1 week, 1 month, 1 year or longer our recruiters, and
the SHI “Network of Partners”, have the ability to present the right candidate within 24-48 hours.
SHI will staff for IT project-based engagements of various durations
Whether your staffing requirements are project-based or contingency-driven, short-term or long-term,
requiring a single consultant or a full team of technology professionals, we can provide a
comprehensive, outsourced solution.
With an SHI staffing solution, you will be able to put the talents of existing staff to better use while
reducing the need to hire costly, new, full-time employees. In addition, you will benefit from our staff to
provide:
Technology Moves and Refreshes
Technology Migration (VoIP, Exchange)
SharePoint and VMware Implementation
Active Directory Deployments and Rollouts
SHI can provide staffing resources with nearly every IT skill set
Chances are we have the qualified professionals with the specific skills you require who are ready to
start work on your site at a moment’s notice. SHI’s on-site professionals can stay on the job as long as
you need them and we can deploy additional resources to your site as your requirements change or
grow over time.
HelpDesk (functional and operational)
Deskside Support
DBAs and Unix Administrators
Application Development, including .NET, SharePoint, Web, Database, etc.
Security administration and monitoring
Data warehousing
Quality Assurance (QA)
Technical writing
ERP solutions
Choose from a full range of infrastructure and other IT services
SHI has the broad experience and in-depth expertise you need in an infrastructure partner. We are a
client driven company with a proven track record of success in creating customized solutions based on
our clients’ priorities, processes and business goals. We can not only function as your global
procurement provider, but we also have the technical resources to help you fill in staffing gaps and
prepare for the largest projects and long-term challenges facing your organization.
Our on-site infrastructure services capabilities include, but are not limited to:
Network management and engineering
Wide Area Network (WAN)
Storage Area Network (SAN)
Disaster recovery
Server support
Operating system support (PC and server)
Mail and messaging administration
Operating system support (PC and server)
Mail and messaging administration
Appendix B – SHI: Certificates & Forms
SHI’s Diveristy Certificates:
Computer Task Group Service Desk Questionnaire
Questions Response
1.) How many FTE’s work
on the current help
desk?
a. Are there any
certifications
and training
requirements
in place for
your agents
you will
require?
b. Do you have
any concerns
around
employee
turnover
within your
help desk?
2.) What staffing model
do you leverage
within the help desk,
is it staffed 24 X 7?
3.) What ticketing system
do you utilize today?
4.) Please provide the
Calls Emails Web Portal
total monthly help
desk contact volumes:
5.) Does your
organization have
reporting metrics on
service levels, such as
first level resolution
rate and call
abandonment rate? If
so, can you please
share your current
metrics?
6.) What functionality Self Service
would you require Incident Management
(check all that apply)? Service Request Management
Service Level Management
Asset Management
Problem Management
Event Management
CMDB
Service Catalog
Access Management
Change Management
Knowledge Management
Other(s)
_____________________________________________________