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Burwood Group, Inc.Marlcftplam-dty Company: Burwood Group, Inc. Email: bbabbs@burwood.com Contact: Brice Babbs Address: 1515 W. 22nd Street Suite 20OW Chicago, IL 60523 Phone: (312) 327-4655 Website: https://www.burwood.com/ Submission Date: Mar 1, 2024 4:26 PM Marketplace.city Marketplace.city General Andrew Watkins, President and COO 500 West Madison, Chicago, IL 60661 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services RESPONSE DEADLINE: March 1, 2024 at 7:00 pm Report Generated: Monday, March 4, 2024 Burwood Group, Inc. Response CONTACT INFORMATION RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services ADDENDA CONFIRMATION Addendum #1 Confirmed Mar 1, 2024 3:50 PM by Jerry Lock QUESTIONNAIRE 1. Solution Overview of your offerings and solution PLEASE PROVIDE A 2 -PAGE SOLUTION NARRATIVE DESCRIBING YOUR PROPOSED SOLUTION AND HOW IT FITS THE CITY OF LA QUINTA'S NEEDS.* Please be sure to address the following: (a) Number of years in business (b) Taxpayer identification number (c) Number of years performing Managed IT Services (d) Resumes of the Project Manager and key personnel who will be responsible for performance if any agreement results from this RFP (e) Firm ownership and if incorporated, list the state in which the firm is incorporated and the date of incorporation (f) If the firm is a subsidiary of a parent company, identify the parent company 2024-03-01= _2-Page_Solution_Narrative_-IT_Managed_Services= _City_of_La_Quinta.pdf 2. Cybersecurity PLEASE CONFIRM YOU ARE ABLE TO PROVIDE CYBERSECURITY/NETWORK SECURITY SERVICES, INCLUDING ANTI-VIRUS, SECURITY UPDATES AND PATCH MANAGEMENT.* Yes RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 2 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services PLEASE DESCRIBE YOUR INCIDENT RESPONSE FOR A SECURITY EVENT.* Maximum response length: 300 characters 24x7x365 "Eyes -on -glass." SOC -based incident response (IR). Blue team exists to satisfy resolution. Playbooks triggered directly from alerts w/ priority definitions to filter low-priority/false-positives. Investigations enriched with threat intelligence. Alert pathways mapped to toolsets. HAVE ANY OF YOUR CLIENTS EXPERIENCED A RANSOMWARE ATTACK IN THE LAST 12 MONTHS? IF SO, HOW DID YOUR COMPANY RESPOND?* Maximum response length: 300 characters Yes. We identified several incident response (IR) companies & analyzed capabilities of each. Brought options to client, conducted introductions, participated in remediation. Provided support as IR team performed IR actions including confirmation of the incident, negotiations/mitigation of incident. ARE YOU ABLE TO ADMINISTER AND MANAGE ON-GOING TRAINING PROGRAMS AND REGULAR PHISH AND RELATED TESTS FOR ALL LA QUINTA EMPLOYEES? Yes PLEASE LIST ANY CYBERSECURITY CERTIFICATIONS THAT YOUR COMPANY HAS ACHIEVED.* Maximum response length: 300 characters CompTIA Security+ and Pentest+ ISC2 CC and CISSP Cisco CCNA and CCNP ISACA CISM and CRISC HTB CPTS INE eCPPT SOC2 Type 2 Rated SOC RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 3 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services PLEASE DESCRIBE YOUR APPROACH TO REAL-TIME PERIMETER MONITORING.* Please specify the ability to access real-time security information and log data, as well as stored logs. Maximum response length: 300 characters Yes. Our security solution under management by our security operations center (SOC) partner with 24x7x365 "Eyes on Glass" team provides access real-time security information and log data, as well as stored logs. Our SIEM solution brings 13 months of retention and unlimited log -storage. DO YOU MAINTAIN 24/7/365 HEALTH MONITORING AND AVAILABILITY OF THE DELIVERY PLATFORM?* Maximum response length: 300 characters Yes. All delivery platforms under the management Burwood Managed Services (BMS) solutions have 24x7x365 health and availability monitoring, incident management, change management, updates and patching. DO YOU PROVIDE ANNUAL SECURITY ARCHITECTURE REVIEW AND VULNERABILITY ASSESSMENTS?* Maximum response length: 300 characters Yes. As a professional service, our security advisory team offers both security architecture reviews & vulnerability assessments. By employing a combination of manual and automated methods, we can identify technology -related gaps and opportunities, bolstering resilience and provide recommendations. 3. Network Reliability PLEASE CONFIRM YOU OFFER NETWORK MANAGEMENT AND INFRASTRUCTURE SUPPORT SERVICES.* Yes CAN YOU PROVIDE INSTALLATION, CONFIGURATION, ADMINISTRATION, AND MAINTENANCE OF ALL NETWORK EQUIPMENT INCLUDING SWITCHES, FIREWALLS, ROUTERS, CABLING, WIRELESS ACCESS POINTS, AND OTHER DEVICES?* Yes RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 4 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services PLEASE LIST THE STEPS TAKEN TO REPAIR AN INTERNET OUTAGE, INCLUDING COMMUNICATION AND ESCALATION PROTOCOLS. HOW LONG DOES IT USUALLY TAKE TO RESTORE INTERNET, AND HOW OFTEN DO CLIENTS HAVE OUTAGES?* Maximum response length: 300 characters Burwood clients enjoy high -availability (HA) dual -WAN infrastructure w/ auto-fail-over/fail-back across multiple ISPs. This design mitigates repair time factors. In the unlikely event of an outage, incident response playbooks are triggered for root cause analysis (RCA), communication/resolution. ARE YOU ABLE TO OFFER 24/7/365 SYSTEM MONITORING AND EMAIL MONITORING?* Yes PLEASE CONFIRM YOU ARE ABLE TO CONDUCT A NIGHTLY BACKUP PLAN FOR CRITICAL SERVERS, INCLUDING A REGULARLY -TESTED RECOVERY PROCESS* Yes CAN YOU PROVIDE SUPPORT SERVICES FOR VOIP /ANALOG TELEPHONE MANAGEMENT? Please list any specific experience with Mitel. Maximum response length: 300 characters As a part of our service desk, Burwood can provide front-line support for VoIP and Analog telephone management (Vendor support agreements required) as well as manage escalations to your PBX and TELCO vendors. 4. Device/Hardware Management CAN YOU PROVIDE ALL MAINTENANCE, MONITORING, AND SUPPORT FOR HARDWARE (SERVER, DESKTOP, LAPTOP, MOBILE), AND INVENTORY CONTROL AND MANAGEMENT (HARDWARE AND SOFTWARE)?* Yes IF NO, PLEASE ELABORATE. RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 5 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services Maximum response length: 300 characters See our answer of "Yes" to 4.1 PLEASE CONFIRM THAT YOUR SERVICES COVER PROCUREMENT MANAGEMENT (SELECTION OF COMMERCIALLY RATED EQUIPMENT, ORDER PLACEMENT, ORDER TRACKING, SHIPPING, EQUIPMENT RETURNS, AND SOURCING AND ORDERING OF REPLACEMENT PARTS).* Yes IF NO, PLEASE ELABORATE. Maximum response length: 300 characters See our answer of "Yes" to 4.3. Burwood provides this service for infrastructure. We would like to further identify the City of La Quinta's needs for procurement of end-user equipment so we can craft an effective solution. WHAT IS YOUR PROCESS FOR KEEPING TRACK OF ALL LA QUINTA IT INVENTORY? Maximum response length: 300 characters The City of La Quinta CA's complete fleet of IT inventory will be enrolled into our toolsets for full visibility and alerting as well as warranty and lifecycle management. We look forward to demonstrating our toolsets with you as a part of your evaluation. 5. Customer Service/Help Desk Support PLEASE DESCRIBE THE CUSTOMER SERVICE AND HELP DESK SUPPORT YOUR SERVICES PROVIDE.* (For example, 24/7/365 support) Maximum response length: 300 characters Burwood 247 ITIL-based service -desk has implements ITIL incident, change, problem, & request processes into our service delivery/service desk model for maximum team -member experiences. ServiceNow is the primary delivery platform for our services. We look forward to demonstrating our system to you. RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 6 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services PLEASE DESCRIBE THE LOCATION OF YOUR OFFICE HEADQUARTERS. Maximum response length: 300 characters Burwood Group, Inc. 1515 W. 22nd Street Suite 20OW Oak Brook, IL 60523 DO YOU HAVE A LOCAL OFFICE IN SOUTHERN CALIFORNIA WITHIN A 2 -HOUR DRIVE FROM LA QUINTA? (NOTE: YOUR PROPOSAL MAY BE DISQUALIFIED IF YOU ARE UNABLE TO PROVIDE ONSITE STAFFING FOR THE CITY, OR DO NOT HAVE AN OFFICE IN SOUTHERN CALIFORNIA)* Please specify where your local office is located. Maximum response length: 300 characters Burwood Group, Inc. 19631 Descartes Foothill Ranch CA 92610 (We are 100% enabled to provide onsite staffing for the city under the requirements of this RFP) DURING BUSINESS HOURS, HOW LONG WOULD IT TAKE SOMEONE TO ARRIVE ON-SITE IN THE EVENT OF AN IT EMERGENCY? 2-3 hours DURING AFTER HOURS, HOW LONG WOULD IT TAKE SOMEONE TO ARRIVE ON-SITE IN THE EVENT OF AN ITEM ERG ENCY? 2-3 hours ON-SITE STAFFING AVAILABILITY? (NOTE: YOUR PROPOSAL MAY BE DISQUALIFIED IF YOU ARE UNABLE TO PROVIDE ONSITE STAFFING FOR THE CITY) Is your firm able to provide a minimum of 2 on-site desktop technicians, with one of the two technicians being proficient in Networking? RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 7 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services Yes. Burwood is able to provide a minimum of 2 on-site desktop technicians, with one of the two technicians being proficient in Networking. Please refer to the uploaded pricing documents for the cost of this service. WILL THE ON-SITE TECHNICIANS BE ABLE TO WORK CONCURRENTLY WITH CITY STAFF'S WORK SCHEDULE, INCLUDING AS -NEEDED ADJUSTMENTS TO WORK LATER HOURS FOR EVENTS SUCH AS CITY COUNCIL, COMMISSION HEARINGS, AND SPECIAL EVENTS AT CITY HALL AND OTHER LOCATIONS?* (Monday through Friday 7:30am to 5:30pm) (Tuesdays may require working as late as 10pm occasionally with notice in advance) ONE ON-SITE TECHNICIAN MUST ALWAYS BE PRESENT Yes PLEASE DESCRIBE THE GUARANTEED AND AVERAGE RESPONSE TIME FOR REQUESTS DURING BUSINESS HOURS AND AFTER HOURS. Maximum response length: 300 characters For BMS response time for requests during business hours and after hours, including all our SLAB, event -handling and KPIs, please refer to our 10 -page comprehensive document named "Service Management Governance 03012024.pdf" uploaded in section 5.9. PLEASE UPLOAD RESPONSE TIME AND SUPPORT SLAS. Service_Management_Governance_03012024.pdf WHAT IS THE AVAILABILITY OF KEY STAFF DURING NORMAL BUSINESS HOURS? Maximum response length: 300 characters Key Staff including management are available during normal business hours through formal and informal communication channels. As your partner, we remove any and all barriers to communication. Our protocols include external pathways such as MS Teams, Voice, SMS, Email and others. ARE THERE ANY PENALTIES FOR YOUR COMPANY IF GUARANTEED RESPONSE TIMES AREN'T MET?* Maximum response length: 300 characters RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 8 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services Burwood maintains an excellent track record of meeting/exceeding agreed service level objectives (SLOB). Typically, Burwood does not offer rebates for SLOB not met. However, there are clauses in our agreements that address performance. We would like to learn more about your needs in this area. DESCRIBE YOUR WORK ORDER/TICKET SYSTEM. Maximum response length: 300 characters Burwood's professional service automation system and IT Service Management System is built on the ServiceNow platform. The City of La Quinta, CA will be enrolled in our service management platform as a part of the on -boarding process. All knowledge lives inside this secure mature platform. WHAT ARE THE STEPS USED TO ESCALATE CHRONIC OR CHALLENGING PROBLEMS?* Maximum response length: 300 characters When problem management identifies chronic, re-occurring/challenging problems, we apply root cause analysis (RCA) to organize, correlate, & analyze incidents to provide an actionable plan. BMS then leverages change management protocols to de -risk and deploy a permanent fix. 6. Organizational Governance THE SELECTED LA QUINTA MANAGED IT SERVICES PARTNER IS EXPECTED TO CONTRIBUTE TO ORGANIZATIONAL GOVERNANCE AND SUPPORT AND ADHERE TO CITY RULES AND REGULATIONS. PLEASE CONFIRM YOU CAN PROVIDE THESE SERVICES.* Yes PLEASE SELECT WHETHER YOU CAN PROVIDE THE FOLLOWING. User onboarding/offboarding Active Directory Management System, network, and application documentation RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 9 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services Provide customized IT policies and provide best practices and recommendations Regular reporting on purchases, assets, current activities and issues, and project status reports Have experience in Surplusing and Auditing based on State of California compliance activities for Cities 7. Management of Existing Enterprise Applications DESCRIBE HOW MAJOR SOFTWARE UPGRADES WILL BE APPLIED. ARE THERE EXTRA FEES FOR UPGRADES? IF SO, PLEASE DESCRIBE.* Maximum response length: 300 characters Burwood will develop a software update and patch policy scope for your organization as a part of its managed service. However, major software upgrades will require additional professional services fees. We are eager to learn more about your needs in this area. PLEASE DESCRIBE YOUR EXPERIENCE ADMINISTERING MICROSOFT 365 FOR CLIENTS. PLEASE DESCRIBE ANY MICROSOFT 365 CERTIFICATIONS YOU HOLD. * Maximum response length: 300 characters As a Microsoft partner, Burwood has deep experience building, maintaining, migrating and administering Microsoft 365 tenants and applications such as One Drive, Teams and Share Point for its clients. PLEASE DESCRIBE YOUR FAMILIARITY AND EXPERIENCE WITH OTHER EXISTING LA QUINTA TECHNOLOGY, AS LISTED IN THE OPPORTUNITY OVERVIEW ABOVE. * Please be sure to highlight technologies you are unfamiliar with. Maximum response length: 500 characters Burwood possesses a deep pedigree of the fulsome, managed IT services as described in sec 3.4. Burwood's 24x7x365 Operations Center, Technical Operations Center and 24x7x365 SOC brings a priority focus to the City of La Quinta's Cybersecurity needs, Network reliability, infrastructure monitoring, lifecycle management and nightly backup management to ensure the City of La Quinta systems remain available and recoverable. The Burwood Service Desk ensures your people remains trained & productive. RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 10 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services 8. Strategic Adoption of New Technologies PLEASE CONFIRM YOU CAN ASSIST THE CITY IN ADOPTING AND IMPLEMENTING NEW TECHNOLOGIES.* Yes WHAT IS YOUR PROCESS AND CRITERIA FOR EVALUATING NEW SOFTWARE AND HARDWARE?* Maximum response length: 300 characters As a part of our quarterly business reviews, team -member workflows are aligned with opportunities for process improvement through the adoption of new hardware and software. As a result of this process, sandboxing, beta -testing & professional services may be recommended and require extra fees. PLEASE PROVIDE SPECIFIC EXAMPLES OF HOW YOU HAVE WORKED WITH CUSTOMERS THAT BEGAN WITH SIGNIFICANT TECHNOLOGY LIMITATIONS AND HELPED TO SUCCESSFULLY TRANSFORM THEM INTO ORGANIZATIONS WITH WELL PLANNED AND EXECUTED TECHNOLOGY STRATEGIES? WHAT WERE THE CRITICAL SUCCESS FACTORS IN THIS TRANSFORMATION?* Maximum response length: 500 characters Transforming local Government w/ significant technology limitations & budgets is our mission. A use -case is how we were challenged to modernize a local government (Similar operating budget to La Quinta). Our goal was to transform to more value & improved team - member experiences. Critical factors were budgeting into assessment, design, & implementation phases. A soft, parallel migration reduced down-time. Negotiation w/ vendors, repurposed savings into new tools bolstering productivity. 9. Prior Experience and Case Studies HOW MANY TOTAL STATE AND LOCAL GOVERNMENTS USE YOUR COMPANY FOR MANAGED IT SERVICES?* 1-10 ARE THE MAJORITY OF YOUR CLIENTS IN THE PUBLIC SECTOR OR THE PRIVATE SECTOR? PLEASE PROVIDE AN ESTIMATED PERCENTAGE BREAKDOWN IF POSSIBLE. * Maximum response length: 100 characters RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 11 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services Burwood clients are estimated to be equally distributed (50%/50%) between public private sector. PLEASE PROVIDE REFERENCES FOR THE CITY OF LA QUINTA* Please download the below document, complete, and upload. • Marketplace.city Reference .. Marketplace.city_Reference_Document_(1).pdf 10. Pricing and Model PLEASE PROVIDE A PRICING ESTIMATE TO THE CITY BASED ON THE INFORMATION PROVIDED IN THIS RFP.* Please download the below document, complete, and upload. Please be sure to include a detailed fee schedule for the services requested by this RFP and any complementary services offered along with corresponding prices. The initial contract is anticipated for a period of 5 years commencing on or before July 1, 2024, with the potential for an option to renew it for two additional years. Please include renewal costs as well. • Basic Pricing Template .xlsx Basic_Pricing_Template(3).xlsx PLEASE DESCRIBE THE KEY INFORMATION YOU WILL NEED FROM THE CITY OF LA QUINTA IN ORDER TO PROVIDE THEM WITH A MORE ACCURATE PRICING ESTIMATE.* Maximum response length: 300 characters The following key information will enable Burwood to provide a more accurate pricing estimate: Total service desk tickets/month. Total infrastructure tickets/month. More detailed model information pertaining to the device lists. Which software applications currently have support agreements. PLEASE UPLOAD ANY STANDARD PRICING DOCUMENTS YOU WISH TO SHARE. City_of_La_Qu n ita_BMS_Su p port_v1.2_02282024. pdf RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 12 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services 11. Implementation PLEASE DESCRIBE YOUR IMPLEMENTATION METHODOLOGY, INCLUDING AVERAGE IMPLEMENTATION TIME.* Maximum response length: 500 characters Burwood's implementation methodology is a proven, mature, PMO -based discovery and on -boarding process that optimizes change and transition management and reduces downtime. Our average time to "Go -Live" is approximately 10 weeks. Please see section 12.3 and the document named "On-boarding.PNG" for further information about our on -boarding and implementation process. IF WE ELECT TO MOVE FORWARD WITH YOUR COMPANY, WHAT CITY OF LA QUINTA RESOURCES WOULD YOU REQUIRE (E.G., INFORMATION, DATA, STAFF RESOURCES, COMMUNICATION) DURING MIGRATION AND ON AN ONGOING BASIS?* Maximum response length: 300 characters The resources required varies with each engagement. Burwood's process is to personalize a world-class PMO -based discovery experience for the city. This creates accurate forecasts of the resources and documentation required for effective change/transition management and the smoothest "Go -Live." 12. Other PLEASE SIGN THE FOUR SUPPLEMENTAL DOCUMENTS ATTACHED. * 1. Acknowledgement of Insurance Requirements (Attachment 2) Proposals must include a written statement that, if selected, the proposer will provide the minimum insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City's Agreement for Contract Services included as Attachment 1. 2. Non -Collusion Affidavit (Attachment 3) Proposals must include an executed Non -Collusion Affidavit, included as Attachment 3, executed by an official authorized to bind the firm. 3. Acknowledgement of Addenda (Attachment 4) If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of Addenda, included as Attachment 4. RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 13 RESPONSE DOCUMENT REPORT FORM No. TBD Managed IT Services ATTACHMENTS 1. Agreement for Contract Services 2. Insurance Requirements Acknowledgement Must be executed by proposer and submitted with the proposal 3. Non -Collusion Affidavit Must be executed by proposer and submitted with the proposal 4. Addenda Acknowledgement Must be executed by proposer and submitted with the proposal • SUDDlemental Attachments .docx Supplemental_Attachments).pdfATTACHMENT_1_CONTRACT_EXAMPLE_RFP_2024.pdf PLEASE INDICATE ANY BUSINESS DESIGNATIONS YOU HAVE: Select all that apply. Local to California ANYTHING ELSE YOU WANT TO TELL US?* Is there anything else important we should know about your solution, company or proposal? Please upload any supporting documents. Burwood_Group_Rate_Card= _La_Quina,_CA= _lMar2024.pdfOn-boarding.PNG BY SUBMITTING, I UNDERSTAND THAT THE CITY OF LA QUINTA AND MARKETPLACE. CITY WILL RECEIVE THIS INFORMATION. I HAVE READ AND UNDERSTAND THE TERMS OF THIS OPPORTUNITY.* Confirmed RESPONSE DOCUMENT REPORT Standard - Managed IT Services Page 14 burwoodC group, inc. Prepared by: Jerold Lack Sales Lead Hack(cDburwood.com i City of La Quinta, CA Managed IT Services - 2 -page Solution Narrative February 27, 2024 Version 1.0 All information contained in this document is confidential and proprietary to Burwood Group, Inc., constituting trade secrets and privileged confidential property. It is furnished in confidence, with the understanding that it will not be disclosed to any third party without the written permission of Burwood Group. Duplication of this document is strictly forbidden, and all copies shall be returned upon request to Burwood Group. ©2024 Burwood Group, Inc. 0 smarter solutions. better outcomes. Table of Contents City of La Quinta, CA IT Managed Services — 2 -page Solution Narrative 1 About Burwood Group.......................................................................................3 2 Proposal Overview............................................................................................4 All information confidential. ©2024 Burwood Group, Inc. Page 2 of 4 ii:f smarter solutions. better outcomes. 1 About Burwood Group City of La Quinta, CA IT Managed Services — 2 -page Solution Narrative a. Number of years in business 26 b. Taxpayer Identification Number 36-4180073 c. Number of years performing IT manages services 26 d Resumes of the Project Manager and key personnel who will be Resumes available on request responsible for performance if any agreement results from this RFP Firm ownership and if incorporated, list the state in which the firm is -Mark Theoharous and Jim Hart. e. incorporated and the date of incorporation. -Incorporation in the state of Illinoi. -Date of Incorporation: 08/1997 f. If the firm is a subsidiary of a parent company, identify the parent company. Not a subsidiary Burwood Group, Inc. is an IT management, consulting, and integration firm. We help forward -thinking leaders design, use, and manage technology to transform their business and improve outcomes. Burwood Group believes exceptional people achieve exceptional results. We build lasting client relationships founded on trust, integrity, and quality. For information technology leaders who face increasing expectations, competing priorities, and pressure to innovate, Burwood Group helps you achieve balance. We create practical, innovative technology solutions to accelerate business results. Our consulting, technology, and operations services are rooted in business alignment and technical expertise in cloud, automation, security, and collaboration. To support our professional services expertise, we maintain a 24x7 managed services practice, and a robust procurement team to manage hardware, software, and maintenance needs. Our key partner relationships include Cisco, Hewlett Packard Enterprise, Google Cloud, and Palo Alto Networks. Burwood Group was founded in Chicago, IL, and is celebrating over 26 years in business. Today, Burwood includes over 200 employees and five U.S. offices. Whether you are developing strategy, deploying technology, or managing infrastructure, Burwood is a dedicated partner. To learn more, visit www.burwood.com. The Managed Services Provider (MSP) Request for Proposal is strategic for the City of La Quinta, CA. A key consideration when selecting a partner for strategic efforts is the experience and qualifications of the potential vendors. Burwood Group prides itself on the strong track record of successful delivery and experiences we have developed while serving similar clients having comparable needs as the City of La Quinta, CA. Our consultants recognize that a stable and scalable technology infrastructure environment is critical to maintaining day-to-day business operations and reaching long-term strategic goals. All information confidential. ©2024 Burwood Group, Inc. Page 3 of 4 0 smarter solutions. better outcomes. 2 Proposal Overview City of La Quinta, CA IT Managed Services — 2 -page Solution Narrative At Burwood Group, we firmly believe that building a strong partnership is the key to achieving exceptional outcomes. To deliver that experience, Burwood Group would structure a team as follows: Account Executive: The Account Executive serves as the City of La Quinta, CA interface to Burwood Group for new engagements and proposals and makes sure the Burwood Group proposes appropriate solutions that meet the City of La Quinta, CA requirements. Client Success Manager: The Client Success Manager at Burwood Group plays a pivotal role in delivering exceptional value and personalized solutions to our clients. As a trusted advisor and strategic partner, the Client Success Manager serves as the primary point of contact, working closely with our clients to understand their unique business requirements, goals, and challenges. They will leverage their deep understanding of the City of La Quinta, CA, and its needs to ensure all our services teams' delivery aligns with your objectives. Service Desk Support Team: The Service Desk Support team is your organization's reliable frontline support, delivering exceptional client service and swift issue resolution. From technical troubleshooting to software installations and user account management, our service desk is equipped to handle a wide range of IT support needs. We prioritize responsiveness and efficiency, working tirelessly to minimize downtime and maximize productivity. As an extension to your team, we provide two local Service Desk Support Team members to intimately understand the City of La Quinta, CA. Infrastructure Support Team: The Infrastructure Support Team ensures seamless operation and uninterrupted productivity. Our highly skilled professionals proactively monitor, manage, and maintain your infrastructure, ensuring its optimal performance, security, and availability. From network administration and server management to cloud migration and disaster recovery planning, our team leverages industry-leading tools and best practices to keep your infrastructure running smoothly. With our expertise at your disposal, you can rest assured that your critical technology is in capable hands 24X7X365. Further, we propose designating one Infrastructure administrator to similarly train in the City of La Quinta, CA, unique and challenging environment, and to maintain awareness across the Burwood Group team. Additional Support: Burwood is a full-service IT Consulting and Integration firm. The City of La Quinta, CA has expressed interest in partnering with a provider that can augment their staff as well as provide technology advisory, consulting, design, and implementation services. Burwood Group compliments our strategic consulting expertise with deep technical knowledge in IT infrastructure. From traditional on -premises to hybrid and cloud architectures, to ongoing monitoring and management: our consultants are experts in technology selection, design, and integration. All information confidential. ©2024 Burwood Group, Inc. Page 4 of 4 C) i Burwood Managed Services burwoodgroup, inc. Service Management Governance Version 1.0 Burwood Managed Services smarter solutions. better outcomes. Service Management Governance Table of Contents 1 Introduction..................................................................................................................................3 2 Services Management..................................................................................................................3 3 Hardware Management................................................................................................................3 4 Carrier/Circuit Management........................................................................................................4 5 Auto -generated Event Handling..................................................................................................4 6 Incident Mean Time to Resolve Targets.....................................................................................4 7 Definitions.....................................................................................................................................5 8 Incident Case Handling................................................................................................................7 9 BMS Operational Service Level Agreements .............................................................................8 9.2 Service Availability...................................................................................................................9 10 Key Performance Indicators (KPIs).......................................................................................10 ion confidential. ©2024 Burwood Group, Inc. Page 2 of 10 0 smarter solutions. better outcomes. 1 Introduction Burwood Managed Services Service Management Governance Burwood offers a full outsourced operations & management solution (collectively "Burwood Managed Services" or "BMS") for its Clients in all areas of IT. The BMS solution is built on standards-based best practices such as the Information Technology Infrastructure Library (ITIL) and ISO 20000. This ensures a consistent, reliable service to the Client regardless of size, scope, or unique requirements of an environment. 2 Services Management • Hours of Coverage 24 x 7 x 365 • Availability Goal 99.95%, excluding scheduled maintenance • Outage Notification Within 15 minutes of validation of the event 0 Notification Methods may include; Phone, Email, and/or SMS. 2.1 Requirements/Exclusions: • Hardware must not be EOL/EOS • Hardware must be connected to a UPS device. • Device must be remotely reachable from one or more points on the network (network path). • Client must have a current vendor support agreement/warranty on hardware/software under management. • Client's internal cable plant is not covered. • Hardware must be OEM spec. `White box' devices cannot be placed in management. • OS, Application, or software under management must be OEM -supported. • BMS must have unrestricted network access to Client -hosted devices, applications, etc. • BMS is not responsible for downtime caused by 3rd party software or by Client action/configuration. • DNS, DHCP, and Authentication server(s) (if present) must also be placed in management for BMS to manage Windows OS Servers. 3 Hardware Management • Scope For any hardware provided as part of your service, the monitoring and management of the hardware is defined by the Service Management above. The availability of the hardware itself is dependent upon the vendor support agreement. • Standard Vendor Support Provided hardware will come with 24 x 7 x 4 hour (targeted) response and replacement by the manufacturer unless otherwise noted in the SOW. ion confidential. ©2024 Burwood Group, Inc. Page 3 of 10 0 smarter solutions, better outcomes. 4 Carrier/Circuit Management Burwood Managed Services Service Management Governance • Scope For any carrier, circuit, or ISP connections that are provided as part of your service, the monitoring and management of the connectivity is defined by the Service Management above. The availability of any carrier hardware and the circuits or connections themselves are dependent upon the carrier support agreement. • Standard Carrier Support This will be defined in your carrier contract. 5 Auto -generated Event Handling Fvent c-,,-rity: Severity is a measurement of a device or service's level of failure in consideration of with impact to the business. When an event is generated by the device or service being monitored, a correlating priority Incident ticket is created in the Service Management platform (ServiceNow). Event severities are governed by the OEM -dictated 'normal state' deviations and the (Client determined) business impact programmed into the monitoring applications used by BMS. Refer to the table below. ---- Urgency Impact 1 2 3 4 1 2 F P1 Critical 'V"Critical P1 "'+ P2 Major P3 Minor P2 Major P2 Major P3 Minor 3 4 P1 Critical P2 P2 Maj Major P3 P3 Minor Minor P4 Notice nim+oo nn Qnverity Chanrym• The initial severity assigned to an event cannot be changed by the operator or the Client in the monitoring tools for the duration of the event unless changed by a subsequent event. For instance, if a device becomes 'unreachable,' it may produce a 'Major' event. When the device becomes reachable again, a subsequent 'Clear' is sent, changing the state of the original event. Notes on Priority Changs Once an incident resolution (temporary or permanent) is in place, the Priority of the Incident may be lowered upon agreement with the Client's technical contact. "'_`_ _" "­­ The Client (or BMS upon Client request) may change the Urgency of any Incident, Problem, or Change ticket. This will not affect or change response time guarantees defined in the table below. 6 Incident Mean Time to Resolve Targets ion confidential. ©2024 Burwood Group, Inc. Page 4 of 10 0 smarter solutions. better outcomes. Burwood Managed Services Service Management Governance Burwood's Mean Time to Resolve (MTTR) Targets, shown in the table below, determine and define Service Level Objectives (SLO) for any given service, device, or application. MTTR Targets depend highly on the Service being delivered, OEM support & response times, ISP & response times, and Client Response times. SLO target times are paused if the resolution of an Incident is placed in a "Waiting on" status (e.g., Waiting on Client, Waiting on OEM, Waiting on Carrier, etc.). MTTR is calculated by time in the Burwood queue and the total time to resolve timers. Priority Definition MTTR Target Notification F P1 Service interruption affecting thewhole site or At Alert Time, then every Critical network, mission -critical server or service, or 3 hours 4 45 minutes critical application on a managed server P2 Service interruption affecting asmall number of At Alert Time, then every Major users, or service degradation affecting many 6 hours 4 hours thereafter users (large office or multiple small offices) P3 Service interruption affecting a single user or 48 hours At Alert Time, then every Minor service; degradation affecting a few users 12 hours thereafter Service degradation affecting a few users At Alert Time, then every without service interruption or affecting 7days 48 hours thereafter Burwood's ability to deliver service 7 Definitions 7.1 Target Resolution Time (TRT) Target Resolution Time is defined as the expected length of time it takes to resolve an incident that does not require a change. One standard set of target resolution times (TRTs) is assigned according to Incident severity. BMS utilizes these as guidelines for resolving incidents. To meet the TRT for each severity, the Client must provide BMS full access to all devices in the path of the device experiencing the event or have staff available to assist as appropriate should an event occur. The Client must have a maintenance contract with each OEM for devices & software brought under BMS management. BMS must be granted authorization to contact the OEM on the Client's behalf when performing Incident, Problem, and Change Management when the OEM is involved in the resolution. Burwood Group's TRTs are exclusive of time taken by third parties (such as the Client technical staff, an ISP, or OEM) to resolve their assignments in response to an event. For example, it may take an ISP to resolve an internal issue affecting a BMS -managed Client site. 7.2 Incident management Incident Management is identifying and analyzing Incidents and correcting issues as quickly as possible to restore service. Incidents may arise from direct user input, event identification or alarming, service degradation, or any other ion confidential. ©2024 Burwood Group, Inc. Page 5 of 10 0 smarter solutions. better outcomes. Burwood Managed Services Service Management Governance unplanned outage. An event may generate a correlating Incident ticket in ServiceNow, depending on SLAs determined during the startup process. In no case can Priority be set lower than Impact. The Client is notified via auto -generated email, and the case can be tracked on the Burwood portal. Burwood utilizes the following standard OLAs (final SLAs will be determined and agreed upon during the Initial Setup phase) for incident resolution by Priority. The following are the expected time to resolve an incident that does not require a change or intervention from another entity (e.g., OEM, ISP, or Client) to resolve. In any case where service restoration is dependent upon the Client staff, a Client -defined process (e.g., Change Management), or one or more third parties outside of Burwood's control, the SLAs below do not apply. 7.3 Problem Management Problem Management is identifying the cause of an error in the monitored network infrastructure, usually reported as occurrences of related Incidents, and removing the causes of these errors permanently. Problem resolution and elimination of root cause often call for the application of a change in the existing environments. Problem cases are created as necessary and worked by Burwood's Tier -3 engineering staff to find the root cause for a single or set of related issues and apply a permanent fix. As such, Problem cases do not carry an SLA as the resolution time is indeterminate. 7A Change Management Change Management is the process of recording and managing the planned deployment of alterations to equipment, circuits, services, processes, and documentation. Burwood will utilize the Client's documented Change Management process if available. Otherwise, Burwood utilizes its own system -enforced Change Management process to complete any change needed due to an Incident or Problem ticket. Burwood is not accountable for Changes made by Client staff outside of the agreed-upon, documented Change Process. 7-5 Vencinr Management Vendor management includes the coordination of activities to drive an incident to resolution. Features of this service include: • Coordinates / manages third -party support organizations (OEMs, System Integrators, field service, cable repair, logistics companies, carriers, etc.) and personnel for: o Field service dispatch o Equipment repair and/or replacement o Equipment spare parts • Incident Investigation and Diagnosis, Resolution and Recovery Support ion confidential. ©2024 Burwood Group, Inc. Page 6 of 10 0 smarter solutions, better outcomes. 8 Incident Case Handling Burwood Managed Services Service Management Governance 8.1 Target Client Notification Time & Target Case Update Time Target client notification & case update times dictate how often the status or progress of a case must be communicated to the Client. The associated ticket is modified or updated each time this communication happens. Please note that the Client may negotiate these times during engagement should he/she determine it necessary to communicate more or less often for a device/site under management. 8.2 Case Escalation Time Cases are tracked and automatically escalated within BMS at the intervals specified in the table below if they failed to be resolved within the Target Resolution Times. 8.3 Closing Resolved Cases If clients do not reply to BMS requests for closure on resolved cases within 48 hours of notification, BMS will close these cases. BMS' TRTs are documented in the table below. Priority TRT Notification Times Escalation trigger Escalation Group At Target Resolution Time OC Supervisor, Client At Alert Time 3 hours Then every 45 minutes 4 hours after Target Resolution Time BMS Operations Manager, Client thereafter 8 hours after Target Resolution Time Director BMS, Client At Target Resolution Time OC Supervisor, Client At Alert Time 8 hours Then every 3 16 hours after Target BMS Operations Manager, hours thereafter Resolution Time Client 24 hours after Target Resolution Time Director BMS, Client ion confidential. ©2024 Burwood Group, Inc. Page 7 of 10 Burwood Managed Services smarter solutions. better outcomes. Service Management Governance At Target Resolution Time OC Supervisor, Client At Alert Time 3 48 hours Then every 8 24 hours after Target BMS Operations Manager, hours thereafter Resolution Time Client 48 hours after Target Director BMS, Client Resolution Time At Target Resolution Time OC Supervisor, Client At Alert Time 24 hours after Target BMS Operations Manager, 7 days Then every 48 hours thereafter Resolution Time Client 96 hours after Target Director BMS, Client Resolution Time 9 RAAC flnornfinnal Sprvinp I evel Agrpprnents Operational Level Agreements (OLAs) are a measure of time to escalate within the Burwood Managed Services organization. OLAs do not consider, and are exclusive of, Client SLOs. There is a standard Operational Level Agreement (OLA) within the Service Desk Support groups, defining the agreed hand-off points between one group and another. The Service Desk Application is configured to create email alerts to support groups to alert them of an impending deadline. Action Priority/ Time elapsed from event validation to Client notification Time elapse from Client Notification to Ticket Assignment Time elapse from Ticket Assignment to Actions update 15 minutes +15 minutes +15 minutes 15 minutes +30 minutes +120 minutes 3 60 minutes +2 hours +5 hours 60 minutes +11 hours +1.5 days ion confidential. ©2024 Burwood Group, Inc. Page 8 of 10 0 smarter solutions. better outcomes. 9.1 Escalation Groups Burwood Managed Services Service Management Governance 9.2 Service Availability Service Availability is defined as the total available minutes for the Burwood Managed Service, not the availability of any technical solutions provided beyond our 24x7 technical operations center (e.g., hardware, software, 3rd party platforms, carrier circuits, etc.). Service Availability is based on measurement over a calendar month and shall be calculated as follows: Calendar Month Minutes - Excluded Outage Time Minutes Service Availability = (including Client site impairments) - Outage Time Minutes X 100 Calendar Month Minutes - Excluded Outage Time Minutes (Including Client site impairments) Service Availability will be measured upon receipt of the Client's notification via email or open service ticket, reporting their inability to access the Service. ion confidential. ©2024 Burwood Group, Inc. Page 9 of 10 Tier -2 Tier -3 Time elapse from Time elapsed from case Time elapse from pcreation .r assignment allocation to to email auto Time elapse from case creation to email auto IL assignment alert (Suggested point of assignment allocation to alert (Suggested point of acknowledge escalation from one assignment acknowledge escalation from one support support group to another) group to another) +15 minutes +2 hours +15 minutes +4 hours +15 minutes +4 hours +1 hour +16 hours N/A 3 +4 hours +36 hours +4 days +1 day N/A 9.2 Service Availability Service Availability is defined as the total available minutes for the Burwood Managed Service, not the availability of any technical solutions provided beyond our 24x7 technical operations center (e.g., hardware, software, 3rd party platforms, carrier circuits, etc.). Service Availability is based on measurement over a calendar month and shall be calculated as follows: Calendar Month Minutes - Excluded Outage Time Minutes Service Availability = (including Client site impairments) - Outage Time Minutes X 100 Calendar Month Minutes - Excluded Outage Time Minutes (Including Client site impairments) Service Availability will be measured upon receipt of the Client's notification via email or open service ticket, reporting their inability to access the Service. ion confidential. ©2024 Burwood Group, Inc. Page 9 of 10 Burwood Managed Services smarter solutions, better outcomes. Service Management Governance 10 Key Performance Indicators (KPIs) A Key Performance Indicator (KPI) is a measurable value that demonstrates how effectively BMS is achieving key service objectives. BMS uses KPIs to evaluate its success at reaching stated targets. BMS' Key Performance Indicators (KPIs) are the target metrics to resolve incidents as defined by the Event's Severity. These are configured in and enforced by the Service Desk application used by BMS as defined by industry best practice (ITIL) guidelines. BMS Tracks the following metrics for each Client with KPIs: • % incidents resolved in time • % incidents resolved by first assigned group • % new, critical incidents • % open and overdue incidents • % open problems classified as a known error • % open problems not worked on last 30 days • Average age of open problems by Priority • % requests closed on or before the due date • % rejected requests ion confidential. ©2024 Burwood Group, Inc. Page 10 of 10 Reference Document Project Name Managed IT Services Company Name Burwood Group Number Reference Government Year Installed Please fill in the information below including referencing what project you are reponding to and the name of your company on lines 4 and 5 Contact Name Contact Email Contact Phone Number 1 City of Aurora, IL 2021 Jeff Anderson janderson@aurora.il.us 630-256-3421 2 County of San Joaquin, CA 2022 Gurjit Ghag gghag@slgov.org Upon Request 3 County of Orange, CA 2019 KC Roestenberg kc.roestenberg@ocit.ocgov.com Upon Request List up to 5. Please do not list more than 5. burwood Cgroup, inc. 3/1/2024 ChargesBMS Monthly Recurring Qty Qt Qty Item Description Monthly Year-. Year Infrastructure Network 57 57 57 57 $ 57.00 Data Center 57 57 57 57 $ 57.00 Facilities 4 4 4 4 $ 4.00 Infrastructure Total $4,840.20 $4,840.20 $4,840.20 $4,840.20 $ 4,840.20 Managed SOC Managed Threat Complete $ 7,583.00 $ 7,583.00 $ 7,583.00 $ 7,583.00 $ 7,583.00 SOC Total $ 7,583.00 $ 7,583.00 $ 7,583.00 $ 7,583.00 $ 7,583.00 Managed Service Desk End User Support 150 150 150 150 150 End Point Management 150 150 150 150 150 Service Desk Total $ 15,120.00 $15,120.00 $15,120.00 $15,120.00 $ 15,120.00 Managed Resources Tier 1 (Dedicated Onsite) $ 10,416.67 $ 11,574.07 $ 12,860.08 $ 14,288.98 $ 15,876.64 Tier 2 (Dedicated Onsite) $ 12,083.33 $ 13,425.93 $ 14,917.70 $ 16,575.22 $ 18,416.91 Resources Total $ 22,500.00 $ 25,000.00 $ 27,777.78 $ 30,864.20 $ 34,293.55 Optional: Hardware as a Service Physical Collector 2 2 2 2 2 OR, Collectors may also be built on client provided VMs Hardware Total $ 344.00 $ 344.00 $ 344.00 $ 344.00 $ 344.00 One Time Fees: Service Transition Et Onboarding Onboarding and Setup 1 n/a n/a n/a n/a On boarding fee to be billed on first month's invoice n/a n/a n/a n/a 'Service Transition Total $ 4,500.00 $ - $ - $ - $ - Monthly Total $ 50,387.20 $ 52,887.20 $ 55,664.98 $ 58,751.40 $ 62,180.75 2Annual Total $ 609,146.40 $ 634,646.40 $ 667,979.73 $ 705,016.77 $ 746,169.03 Price estimates are budgetary and do not represent a binding offer from BMS Information Confidential.AR 02024 Burwood Group, Inc. 1Billed on Invoice #1 2Includes 12 months + Onboarding D6F0110-2722-424C-88AF-F04E39B99EBF ta ATTACHMENT 1 Insert the City's Agreement for Contract Services or any other agreement that is to be used Please refer to the following document uploaded: ATTACH M ENT -1 —CONTRACT—EXAM PLE_RFP_2024.docx D6F0110-2722-424C-88AF-F04E39B99EBF ta ATTACHMENT 2 INSURANCE REQUIREMENTS ACKNOWLEDGEMENT Must be executed by proposer and submitted with the proposal Brice Babbs (name) hereby acknowledge and confirm that Burwood Group Inc (name of company) has reviewed the City's indemnification and minimum insurance requirements as listed in Exhibits E and F of the City's Agreement for Contract Services (Attachment 1); and declare that insurance certificates and endorsements verifying compliance will be provided if an agreement is awarded. lam Account Executive (Title) of Burwood Group Inc (Company) 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 Noncontributory 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) Worker's Compensation (per statutory requirements) Must include the following endorsements: Worker's Compensation Waiver of Subrogation Worker's Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000(general aggregate) VcuSignelope ID: OD6F0110-2722-424C-88AF-F04E39B99EBF NON -COLLUSION AFFIDAVIT FORM Must be executed by proposer and submitted with the proposal Brice Babbs a:111111�L\I ATTACHMENT 3 (name) hereby declare as follows: lam Account Executive of Burwood Group Inc (Title) (Company) the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the agreement of anyone interested in the proposed agreement; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative hereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and Correct. /—DocuSigned by: Proposer Signature: I 15kG- 15a�bS ,11111U I IlUbb 11:411 b� Proposer Name: Brice Babbs Proposer Title: Account Executive Company Name: Burwood Group Inc Address: 1515 w 22nd St., Suite 200w, oak Brook, IL 60523 6F01 10-2722-424C-88AF-FO4E 39B99 E B F a:111111�L\I ATTACHMENT 4 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA Must be executed by proposer and submitted with the proposal; If no addenda has been issued, mark "N/A" under Addendum No. indicating Not Applicable and sign ADDENDUM NO. SIGNATURE INDICATING RECEIPT Addendum #1 ocu igne y: �viu, E?Aa bs Ad'.jFDZRDrrjFAPtA ATTACHMENT 1 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 [insert type of business entity, e.g. sole proprietorship, California Limited Liability Corporation, etc], with a place of business at ("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 to MANAGED IT SERVICES, as speci% in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein reference (the "Services"). Contracting Party represents and warrants that Co cti rty is a provider of first-class work and/or services and Contracting Par e . n d in performing the Services contemplated herein and, in light of such sta s er ce, Contracting Party covenants that it shall follow industry standards in pe rmi ervices required hereunder, and that all materials, if any, will be of good qualit r the purpose intended. For purposes of this Agreement, the phrase "industry standard s an those standards of practice recognized by one or more first-class firms pe imilLgr services under similar circumstances. 1.2 Compliance with Law. IW� in accordance with all ordinances, res the City and any Federal, State, or local 1.3 Wage and Hour Compliance, Co Federal, State, and local wage and hour laws. ndered hereunder shall be provided �ttes, rules, regulations, and laws of gency of competent jurisdiction. shall comply with applicable 1.4 Licenses, Permits, Fees and Assessmefe otherwise specified herein, Contracting Party shall obtain at its sole cost and licenses, permits, and approvals as may be required by law for the performarequired by this Agreement, including a City of La Quinta business licenscting Party and its employees, agents, and subcontractors shall, at their soleexpense, 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, 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 contracteor under this Agreement require specialized skills and abilities and that, consistent%JLs understanding, Contracting Party's work will be held to an industry standard d workmanship. Consistent with Section 1.5 hereinabove, Contracting Pa p ity that it holds the necessary skills and abilities to satisfy the industry stan and qu lity s set forth in this Agreement. Contracting Party shall adopt reasonable meth he life of this Agreement to furnish continuous protection to the Services p ed b ontracting Party, and the equipment, materials, papers, and other compone to prevent losses or damages, and shall be responsible for all such damage on r property, until acceptance of the Services by City, except such losses or dam s a be caused by City's own negligence. The performance of Services by Cont hall not relieve Contracting Party from any obligation to correct any incomplete, r defective work at no further cost to City, when such inaccuracies are due to g e of Contracting Party. 1.7 Additional Services. In accordance with terms and conditions of this Agreement, Contracting Party shall perform service ada"'o to those specified in the Scope of Services ("Additional Services") only whe ect o so by the Contract Officer, or assigned designee, provided that Contras I not be required to perform any Additional Services without compensation. o ra Party shall not perform any Additional Services until receiving prior written h ation (in the form of a written change order if Contracting Party is a contractor pe ing the Services) from the Contract Officer, or assigned designee, incorporating erein 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. -2- 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. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall a compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in amount not to exceed Dollars ($ or the life of the Agreement, encompassing the Initial and any Extended ntract Sum"), except as provided in Section 1.7. The method of compe sa s fo in the Schedule of Compensation may include a lump sum payment upon corn do nt in accordance with the percentage of completion of the Services, payment a and materials based upon Contracting Party's rate schedule, but not exceeding th o um, or such other reasonable methods as may be specified in the Schedule ns ion. The Contract Sum shall include the attendance of Contracting Party at al of eetings reasonably deemed necessary by City; Contracting Party shall not be a additional compensation for attending said meetings. Compensation may i c rsement for actual and necessary expenditures for reproduction costs, tran a ' ense, telephone expense, and similar costs and expenses when and if sp h Schedule of Compensation. Regardless of the method of compensation se fort i Schedule of Compensation, Contracting Party's overall compensation shall not e ed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in ch n ting Party wishes to receive payment, Contracting Party shall submit to n er than the tenth (10th) working day of such month, in the form approved by Finance Director, an invoice for Services rendered prior to the date of the in e. 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 -3- 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 Ek5sence. Time is of the essence in the performance of this Agreement. If the ces not completed in accordance with the Schedule of Performance, as or ection 3.2 and "Exhibit C", it is understood that the City will suffer damage. 4K 3.2 Schedule P nce. All Services rendered pursuant to this Agreement shall be perfor igently and within the time period established in "Exhibit C" (the "Schedule of Pe 1 tensions to the time period specified in the Schedule of Performance maroved Wo in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time c' 'ed in the Schedule of Performance for performance of the Services rendere is Agreement shall be extended because of any delays due to unforeseeabl and the control and without the fault or negligence of Contracting Party, include g, bZh estricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidquarantine restrictions, riots, strikes, freight embargoes, acts of any governmg other than City, and unusually severe weather, if Contracting Party (10) days of the commencement of such delay notify the Contract Offic o s ed designee, in writing of the causes of the delay. The Contract Officer, o si d designee, shall ascertain the facts and the extent of delay, and extend t e for performing the Services for the period of the forced delay when and if in the tract Officer's 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 November 14, 2023, and terminate on June 30, 2028 ("Initial Term"). -4- 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) COMPANY NAME COMPANY ADDRESS COMPANY ADDRESS COMPANY ADDRESS ATTN: DEPARTMENT (b) City of La Quinta 495 Calle Tampico JOET uinta, CA 92253 City Manager's Office It is expressl ndMrst d reputation of the foregoi this Agreement. Therefore, or( of this Agreement for directin I time to personally supervise the the foregoing Principals may not be may be assigned to perform the Se approval of City. that the experience, knowledge, capability, and ►were a substantial inducement for City to enter into Ioi Principals shall be responsible during the term s of Contracting Party and devoting sufficient s h eunder. For purposes of this Agreement, Contracting Party and no other personnel ereunder without the express written 4.2 Contract Officer. The "Contractt rwise known as the Public Safety Manager or assigned designee may benated in writing by the City Manager of the City. It shall be Contracting Part ' esponsibility to assure that the Contract Officer, or assigned designee, is kep orm the progress of the performance of the Services, and Contracting Party sh ecisions, that must be made by City to the Contract Officer or assigned i ee nless otherwise specified herein, any approval of City required hereunder sh m the approval of the Contract Officer or assigned designee. The Contract Offic 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 the 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 twenty five percent (25%) of the present ownership and/or control -5- 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. No 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, 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 obligati as are consistent with that role. Contracting Party shall not at any time or in any represent that it or any of its agents or employees are agents or employees of II not in any way or for any purpose become or be deemed to be a partner C rty in its business or otherwise or a joint venture or a member of any joint e rp ise th Contracting Party. Contracting Party shall have no power to incur any debt, liability on behalf of City. Contracting Party shall not at any time or in any m n repre nt that it or any of its agents or employees are agents or employees of City. the Contract Sum paid to Contracting Party as provided in this Agreement, City t p salaries, wages, or other compensation to Contracting Party for performing the rv' ereunder for City. City shall not be liable for compensation or indemnification t Party for injury or sickness arising out of performing the Services hereunder. a ' g any other City, state, or federal policy, rule, regulation, law, or ordinance to r Contracting Party and any of its employees, agents, and subcontractors provid' rider this Agreement shall not qualify for or become entitled to any compensation, ben , or any incident of employment by City, including but not limited to eligibility to enro the CJIornia Public Employees Retirement System ("PERS") as an employee of City e nt to any contribution to be paid by City for employer contributions and/ore c ibutions for PERS benefits. Contracting Party agrees to pay all require x s amounts paid to Contracting Party under this Agreement, and to indemnify a City harmless from any and all taxes, assessments, penalties, and interest ass against City by reason of the independent contractor relationship created by this Agre ment. 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. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 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 I M. supervision, and that all personnel engaged in such work shall be fully qualified and shall be 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 sol cost and expense, and submit concurrently with its execution of this Agreement, po ' of insurance as set forth in "Exhibit E" (the "Insurance Requirements") w is ' orated herein by this reference and expressly made a part hereof. 5.2 Proof of IW, to Agency along with A endorsements must be app performance. 6. INDEMNIFICATION. Wtracting Party shall provide Certificate of Insurance fired endorsements. Certificate of Insurance and s Risk Manager prior to commencement of 6.1 Indemnification. To the fuller a rmitted by law, Contracting Party shall indemnify, protect, defend (with coupage to y City), and hold harmless City and any and all of its officers, employees, s,nteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 41 7.1 Reports. Contracting Party shall periodically 7e and submit to the Contract Officer, or assigned designee, such reports con ng 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 providing design services, the estimated increased or decreased cost estimate for the project being designed. -7- 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 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 full and free access to such Books and Records at all times 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 audit is required. In the event of dissolution of Contracting Party's business, c dy the Books and Records may be given to City, and access shall be provide y cting Party's successor in interest. Under California Government Co 1 7, if the amount of public funds expended under this Agreement exceeds hous d Dollars ($10,000.00), this Agreement shall be subject to the examination and a ate Auditor, at the request of City or as part of any audit of City, for a period o r (3) yds after final payment under this Agreement. 7.3 Ownership of Doc drawings, specifications, maps, designs, photographs, studies, surveys, data, t mputer files, reports, records, documents, and other materials plans, drawing test data, survey results, models, renderings, and other documents or wor ip fixed in any tangible medium of expression, including but not limited to, p i r ings, digital renderings, or data stored digitally, magnetically, or in any other i red or caused to be prepared by Contracting Party, its employees, subcontractors, agents in the performance of this Agreement (the "Documents and Materials") sh the pr erty of City and shall be delivered to City upon request of the Contract Office r a d designee, or upon the expiration or termination of this Agreement, and Con a hall have no claim for further employment or additional compensation as a r t o t ercise by City of its full rights of ownership use, reuse, or assignment of the o ents and Materials hereunder. Any use, reuse or assignment of such complete cuments and Materials for other projects and/or use of uncompleted documents without 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 regarq&the Documents and Materials which were prepared by design professionals other tients. tiParty or provided to Contracting Party by City. City shall not be limit use of the Documents and Materials at any time, provided that a u the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of L, The Documents and Materials shall not be released publicly without the or approval of the Contract Officer, or assigned designee, or as required by la cti Party shall not disclose to any other entity or person any information regarding a es of City, except as required by law or as authorized by City. 7.7 Confidential or Personal "formation. Contracting Party covenants that all City data, data lists, trades u ents with personal identifying information, documents that are not public records, of currents, discussion notes, or other information, if any, developed or received b ntracti g Party or provided for performance of this Agreement are deemed confid Ian II not be disclosed by Contracting Party to any person or entity without prio a orization by City or unless required by law. City shall grant authorization fo sc jur f required by any lawful administrative or legal proceeding, court order, or simi diive with the force of law. All City data, data lists, trade secrets, document personal identifying information, documents that are not public records, draft docu tents, 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 In 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 o ny party's right to take legal action in the event that the dispute is not cured, proviiOFFU t nothing herein shall limit City's right to terminate this Agreement witho a suant to this Article 8.0. During the period of time that ContractingPa s ' ity shall hold all invoices and shall, when the default is cured, proceed with t the invoices. In the alternative, City may, in its sole discretion, elect to pays a outstanding invoices during any period of default. 8.3 Retention of FuMs may withhold from any monies payable to Contracting Party sufficient fun pe ate City for any losses, costs, liabilities, or damages it reasonably believes wer of by City due to the default of Contracting Party in the performance of the Servi jay this Agreement. 8.4 Waiver. No delay or omissibr�t vise of any right or remedy of a non -defaulting party on any default shall imps h or remedy or be construed as a waiver. City's consent or approval of any act by racting Party requiring City's consent or approval shall not be deemed to waive or der un ecessary City's consent to or approval of any subsequent act of Contracting y. iver by either party of any default must be in writing and shall not be a waive fj o r default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Exceprespect to rights and remedies expressly declared to be exclusive in this Agreeme ,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. 8.6 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. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for -10- 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 prior to receipt of the notice 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. 8.8 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 mALafter compliance with the provisions of Section 8.2, take over the Services ande e the same to completion by contract or otherwise, and Contracting Part all le to the extent that the total cost for completion of the Services requirelge eeds the compensation herein stipulated (provided that City shall use reason e ort o mitigate such damages), and City may withhold any payments to Contracting purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. art to this Agreement is required to initiate or defend or made a party to any acti seeding in any way connected with this Agreement, the prevailing party in sus seeding, in addition to any other relief which may be granted, whether lega a shall be entitled to reasonable attorneys' fees; provided, however, that t ' fees awarded pursuant to this Section shall not exceed the hourly rate paid gal services multiplied by the reasonable number of hours spent by the prevailing p n the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any a al, and ' addition a party entitled to attorneys' fees shall be entitled to all other reas ble or investigating such action, taking depositions and discovery, and all other is the court allows which are incurred in such litigation. All such fees shall b ee a have accrued on commencement of such action and shall be enforceable w h r not such action is prosecuted to judgment. The court may set such fees in the action or in a separate action brought for that purpose. 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 -11- 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. 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 obtaigiRg this Agreement. 9.3 Cov for itself, its hei e; that there shall b n Discrimination. Contracting Party covenants that, by and signs, and all persons claiming under or through them, on against or segregation of, any person or group of ble classification including, but not limited to, race, status sexual orientation, national origin, or ancestry in e tracting Party shall take affirmative action to th employees are treated during employment cr on, sex, marital status, sexual orientation, persons on account of alb i color, creed, religion, sex, i the performance of this Agre ensure that applicants are empl without regard to their race, color national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, req est, , approval, or communication either party desires or is required to give the other p or any other person shall be in writing and either served personally or sent by prepa first -c ail to the address set forth below. Either party may change its address by nota ' o r party of the change of address in writing. Notice shall be deemed communic y- t (48) hours from the time of mailing if mailed as provided in this Section. To City: To Contracting rty: CITY OF LA QUINTA Attention: City Manager's Office 78495 Calle Tampico La Quinta, California 92253 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. -12- 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 shalljlje used to interpret this Agreement. 10.6 Ame valid unless ma of City. The pantie, and that any attem amendment to or modification of this Agreement shall be d approved by Contracting Party and by the City Council requirement for written modifications cannot be waived e void. 10.7 Severability. In e e sentences, clauses, paragrap declared invalid or unenforceable, s of the remaining articles, phrases, Agreement which are hereby declared the intent of the parties hereunder unl invalidity deprives either party of the Agreement meaningless. at any one or more of the articles, phrases, os contained in this Agreement shall be Fity or unenforceability shall not affect any ,uses, paragraphs, or sections of this &VWWnd shall be interpreted to carry out provision is so material that its AJ1040f their bargain or renders this 10.8 Unfair Business Practices Claims. ente ' into this Agreement, Contracting Party offers and agrees to assign to City a t nd interest in and to all causes of action it may have under Section 4 of the to c 5 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with do 700) of Part 2 of Division 7 of the Business and Professions Code), arising r purchases of goods, services, or materials related to this Agreement. This assi ent 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. 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 -13- 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. ►IA [SIGNATURES ON FOLLOWING PAGE] -14- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: Bv: Name: Title: By: Name: Title: WILLIAM H. IHRKE, City Attorney City of La Quinta, California -15- I ' Exhibit A Scope of Services Services to be Provided: [TO BE PROVIDED BY STAFF (include location of work)] 2. Performance Standards: [TO BE PROVIDED BY STAFF] [See Attached] Exhibit A Page 1 of 1 Last revised summer 2017 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 Contracti rty in conformance with Section 2.2 of this Agreement. Exhibit B 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 C Page 1 of 1 Exhibit D Special Requirements [insert Special Requirements or indicate "None" if there are none] Exhibit D Page 1 of 1 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 Lia ' ity Additional Insured General L JVRty,,Primary and Non-contributory Commerci4Ful $1,000,000 of Auto Liabil Personal Auto C at least as broad as ISO CA 0001) t) ditio ured age if applicable Errors and Omissions Lia? $1,000,000 (per claim and agg Workers' Compensation (per statutory requirements) Must include the following endors lu. Workers Compensation with Wa r ation Workers Compensation Declaration of 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 the execution of this Agreement and approved by City prior to commencement of the services hereunder. Exhibit E Page 1 of 6 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. ProfessiL•i ility or Errors and Omissions Insurance as appropriate shall be written on a ;C4 f -rage specifically designed to protect against acts, errors or omissions of n rty and "Covered Professional Services" as designated in the policy must spea i de work performed under this agreement. The policy limit shall be no less tha per claim and in the aggregate. The policy must "pay on behalf of the insur must ' clude a provision establishing the insurer's duty to defend. The policy retroa hall be on or before the effective date of this agreement. Contracting Party shal ers' Compensation Insurance in accordance with State Worker's Co en it employer's liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and ma limits of $1,000,000 per occurrence/loss which shall 1Cyber Liability insurance with de the �following coverage: a. Liability arising from the theft, disseminatl6'V7 f confidential or personally identifiable information; includinring and regulatory fines arising from such theft, disseuse of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. 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. Exhibit E Page 2 of 6 e. Liability arising from the failure to render professional services. 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 Reme ition to any other remedies City may have if Contracting Party fails to pr de *fm insurance policies or policy endorsements to the extent and within a ired, City may, at its sole option: a. Obtain sce and deduct and retain the amount of the premiums for such insurams due under this Agreement. b. Order Contracting withhold any payment(s) which bdW Contracting Party demonstrates comp) C. Terminate this Agreement. Exercise any of the above remedies City may have. The abo� Contracting Party's failure to maintain work under this Agreement and/or Contracting Party hereunder until 3reauirements hereof. 1W remedies, how , ,e remedies not or secure Nothing herein contained shall be construed as app limiting N Contracting Party may be held responsible for paymen property resulting from Contracting Party's or its subcon under this Agreement. is an alternative to any other th&exclusive remedies for or endorsements. ie extent to which es to persons or formance of work 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 Exhibit E Page 3of6 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 liabilit olicy shall contain any provision or definition that would serve to eliminate so-calle arty action over" claims, including any exclusion for bodily injury to an emplolroL^ksured or of any contractor or subcontractor. 6. All My 7% nd limits required are subject to approval, modification and additional requirem s b ity, as the need arises. Contracting Party shall not make any reductions incoverage (e.g. elimination of contractual liability or reduction of discovery period) at ect City's protection without City's prior written consent. 7. Proof of compliance V e ' surance requirements, consisting of certificates of insurance evidencing all71n a required and an additional insured endorsement to Contracting Party's gene cy, shall be delivered to City at or prior to the execution of this Agreement.t ch proof of any insurance is not delivered as required, or in the event sKCo anceled at any time and no replacement coverage is provided, City has the rinot the duty, to obtain any insurance it deems necessary to protect its interest t r any other agreement and to pay the premium. Any premium so paid by Cc ged to and promptly paid by Contracting Party or deducted from sums duc Py, at City option. 8. It is acknowledged by the parties of this agreegFht that all insurance coverage required to be provided by Contracting Party or an contractor, 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 Exhibit E Page 4 of 6 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 City 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. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportic� gal to the increased benefit to City. 12. Foetobe Oper pplying insurance coverage only, this Agreement will be deemed to havemmediately upon any party hereto taking any steps that can be deemed e of or towards performance of this Agreement. 13. Contracting acknowledges and agrees that any actual or alleged failure on the part of City t ofqntracting Party of non-compliance with any insurance requirement in no wa additional obligations on City nor does it waive any rights hereunder in this oregard. 14. Contracting Party will renMrad coverage annually as long as City, or its employees or agents face an expos eOecl* tions of any type pursuant to this agreement. This obligation applies whetherent is canceled or terminated for any reason. Termination of this obligation is ountil City executes a written statement to that effect. 15. Contracting Party shall provide proof tffl�p 9V insurance required herein expiring during the term of this Agreement have V117W% or replaced with other policies providing at least the same coverage. Proofverage has been ordered shall be submitted prior to expiration. A coveer or letter from Contracting Party's insurance agent to this effect is acceptablcate 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 five (5) days of the expiration of coverages. 16. 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. 17. 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 Exhibit E Page 5 of 6 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. 18. 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. 19. 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. 20. 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 f the cost of additional insurance coverage required by this agreement. Any su isions are to be deleted with reference to City. It is not the intent of City to any third party for the cost of complying with these requirements. T e e recourse against City for payment of premiums or other amounts with res ec4l r 21. Contracting rees to provide immediate notice to City of any claim or loss against Contracting PaWad't of the work performed under this agreement. City assumes no obligation oruc notice, but has the right (but not the duty) to monitor the handling of anyims if they are likely to involve City. z4s Exhibit E Page 6of6 Exhibit F Indemnification F.1 Indemnitv for the Benefit of Ci 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 any and all 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, vIkether actual, alleged or threatened, including, without limitation, incidental and cons-e,al damages, court costs, attorneys' fees, litigation expenses, and fees of expe es, or expert witnesses incurred in connection therewith and costs of investig n kntme are caused in whole or in part by any negligent or wrongful act, a or sontracting Party, its officers, agents, employees or subcontractors (or any titvidual that Contracting Party shall bear the legal liability thereof) in the pe professional services under this agreement. With respect to the design of public nts, the Contracting Party shall not be liable for any injuries or property damage fro the reuse of the design at a location other than that specified in Exhibit A witho qJ en consent of the Contracting Party. b. Indemnification for OthTrA&1MWbkssionaI Liability. Other than in the performance of professional services an ont permitted by law, Contracting Party shall indemnify, defend (with counsr'Meing y City), and hold harmless the Indemnified Parties from and against any Iia liability for claims, suits, actions, arbitration proceedings, administrative pro gs, regulatory proceedings, losses, expenses or costs of any kind, whether act alleg threatened, including, without limitation, incidental and consequential dama sts, attorneys' fees, litigation expenses, and fees of expert consultants or a ses) incurred in connection therewith and costs of investigation, where th �wit rise out of, are a consequence of, or are in any way attributable to, in whole or ' rt, the performance of this Agreement by Contracting Party or by any individual or e ty for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnitv Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active 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 actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Exhibit F Page 1 of 2 d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. 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 and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all 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, including, without limitation, incidental and consequential damages, court costs, reimburse ent of attorneys' fees, litigation expenses, and fees of expert consultants or exp nesses incurred in connection therewith and costs of investigation, to t x me are caused by any negligent or wrongful act, error or omission of Co cf officers, agents, employees or subcontractors (or any entity or individu I t C tr ng Party shall bear the legal liability thereof) in the performance of professi a under this agreement. With respect to the design of public improvements, ntracti Party shall not be liable for any injuries or property damage resulting fr a of the design at a location other than that specified in Exhibit A without th con ,Wnt of the Contracting Party. 3. Design ProfesWbaffJRJW. As used in this Section F.1(d), the term "design professional" shall be limi s architects, registered professional engineers, licensed professional land sure dscape architects, all as defined under current law, and as may be amended r t' e by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Pr ions. Contracting Party agrees to obtain executed indemnity agreements with pr io41nVeContracting cal to those set forth herein this Exhibit F, as applicable to the Contractim each and every subcontractor or any other person or entity involvedor on behalf of Contracting Party in the performance of this Agreement. Party fails to obtain such indemnity obligations from others as rrein, Contracting Party agrees to be fully responsible according to the terms oit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 2 of 2 Burwood Group Rate Card Et Procurement Overview La Quinta, CA March, 1 st 2024 Revision History: 1.0 3/1/2024 — Brice Babbs Table of Contents Proposed2024 Rate Card................................................................................3 Proposed 2024 Rate Card Role Standard ... .. . Discounted Ral!� Technical Architect $322 $274 Senior Consultant $319 $271 Consultant $285 $242 Associate Consultant $183 $155 Senior Project Manager $272 $231 Project Manager $231 $196 Project Coordinator $155 $132 AN Installer $149 $127 Sample Onboarding Approach Kick OffDiscovery Review Go Live Post Go Live Weeks 1-2 Weeks 2-4 Weeks 4-6 Weeks 7-10 Weeks 11 + , Kick Off Meeting • Meet and greet • Review onboarding Process Pre -Discovery Tasks • Emmonmenl Access • Feta Collection • Review key components of the emmorr menl System Management Server Installation -Physically Installing the seriers -Finishing configuration of the management tools Device Preparation -Configuring SNMP, API accounts -Allowing traffic through firewalls Discovery Review and Assess Discovery Results • Identify trends -Additional devices discovered • Respond to any immediate concerns Monitoring Alignment and Mapping Create Runbacks • Who should BMS notily and when based off event type •Speci& steps BMS should take to resolve an alert Customer training on Continuous Feedback Portal and tools Regular meetings with Go Live CSM • BMS starts responding to • Review open tickets or events projects Fine Tuning Periodic Business • Adjusting mnbooks Reviews •Adjusting thresholds or alert priorities 18 Copyrght N239Burvaod Group, Inc. All a burviood group, inc.