ITCon IncMarlcrtplaw-dty
Company:
ITCon Inc
Email:
brenda@itconinc.com
Contact:
Brenda Friedman
Address:
71 Lafayette Avenue
suffern, NY 10901
Phone:
N/A
Website:
www.itconinc.com
Submission Date:
Mar 1, 2024 9:29 AM
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
ITCon Inc Response
CONTACT INFORMATION
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ADDENDA CONFIRMATION
Addendum #1
Confirmed Feb 28, 2024 10:14 AM by Brenda Friedman
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
Narrative Solution.docx
2. Cybersecurity
PLEASE CONFIRM YOU ARE ABLE TO PROVIDE CYBERSECURITY/NETWORK SECURITY SERVICES, INCLUDING ANTI-VIRUS, SECURITY
UPDATES AND PATCH MANAGEMENT.*
Yes
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PLEASE DESCRIBE YOUR INCIDENT RESPONSE FOR A SECURITY EVENT.*
Maximum response length: 300 characters
In a security event, we quickly isolate the affected system, assess the breach, notify stakeholders, eliminate the threat, recover
operations, and analyze to prevent future incidents.
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
No
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 Plus
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
Our approach to real-time perimeter monitoring involves continuous surveillance using advanced detection systems, immediate alerts
on potential threats, and swift response protocols to ensure security integrity.
DO YOU MAINTAIN 24/7/365 HEALTH MONITORING AND AVAILABILITY OF THE DELIVERY PLATFORM?*
Maximum response length: 300 characters
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Yes
DO YOU PROVIDE ANNUAL SECURITY ARCHITECTURE REVIEW AND VULNERABILITY ASSESSMENTS?*
Maximum response length: 300 characters
ItCon conducts annual security reviews and vulnerability assessments to bolster defenses, identify weaknesses, and ensure
compliance with the latest security standards.
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
PLEASE LIST THE STEPS TAKEN TORE PAIR 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
For provider issues, we recommend dual internet with SD -WAN for uptime and wireless as a failover. We assess client location for
best internet options. For router problems, we suggest failover routers and proactive maintenance. The bill wasn't paid - we make
sure the client is on auto pay
ARE YOU ABLE TO OFFER 24/7/365 SYSTEM MONITORING AND EMAIL MONITORING?*
Yes
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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
ItCon provides VoIP/Analog phone support, inclusive of system audits, maintenance, upgrades, user training, and rapid helpdesk
response. We have extensive knowledge with mitel mivoice system. As we had a client with a few hundred employees that had it
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.
Maximum response length: 300 characters
No response submitted
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
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WHAT IS YOUR PROCESS FOR KEEPING TRACK OF ALL LA QUINTA IT INVENTORY?
Maximum response length: 300 characters
For La Quinta's IT inventory, we deploy advanced software that enables real-time monitoring, detailed asset logging, and automated
updates, ensuring comprehensive management and accountability of all technological assets.
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
ItCon's IT support offers La Quinta rapid 7 -min response, direct tech access, and dedicated on-site technicians, ensuring swift,
personalized service for maximum efficiency. With 24/7 on call support whenever need arises with a response time within 15 minutes.
PLEASE DESCRIBE THE LOCATION OF YOUR OFFICE HEADQUARTERS.
Maximum response length: 300 characters
Main office is at 71 Lafayette Ave, Suffern, New York, 10901, with additional major offices in Monticello, and Brooklyn, NY, and Jerusalem, Israel.
Out footprint is over USA by partnering with IT professionals in every single state of the USA, as well to international locations in the UK and Israel.
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
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We will be providing 2 full time on-site support technicians for the City of La Quinta. We currently have a client that we provide the
exact same services. They have over 800 users and their scope of work and needs are exactly the same of what the City of La Quinta
needs just on a much bigger scale.
DURING BUSINESS HOURS, HOW LONG WOULD IT TAKE SOMEONE TO ARRIVE ON-SITE IN THE EVENT OF AN IT EMERGENCY?
<1 hour
DURING AFTER HOURS, HOW LONG WOULD IT TAKE SOMEONE TO ARRIVE ON-SITE IN THE EVENT OF AN IT EMERGENCY?
<1 hour
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?
Yes
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
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ItCon aims to maintain an exceptional level of responsiveness. The average response time for a ticket within business hours, from when it
is reported to initial response, will be 9 minutes and monitored to ensure timely support. Outside of business hours, response time is
within 15 minutes.
PLEASE UPLOAD RESPONSE TIME AND SUPPORT SLAS.
SLA-Response_Time.docx
WHAT IS THE AVAILABILITY OF KEY STAFF DURING NORMAL BUSINESS HOURS?
Maximum response length: 300 characters
7:30AM-5:OOPM Mon -Friday
ARE THERE ANY PENALTIES FOR YOUR COMPANY IF GUARANTEED RESPONSE TIMES AREN'T MET?*
Maximum response length: 300 characters
We have a weekly accountability meeting in which we hold the service manager accountable to reach his SLA's. We do reach it on
average 96% of the time (industry standard is 80%) As technology is many times non predictable, we cannot guarantee or hold
ourselves to 100% accountability for SLA's.
DESCRIBE YOUR WORK ORDER/TICKET SYSTEM.
Maximum response length: 300 characters
Our ticketing system efficiently manages client issues, prioritizing based on urgency for swift resolution. Coupled with a detailed documentation
platform, it ensures informed decisions and consistent support delivery, streamlining operations and enhancing reliability.
WHAT ARE THE STEPS USED TO ESCALATE CHRONIC OR CHALLENGING PROBLEMS?*
Maximum response length: 300 characters
15 min troubleshoot if unresolved, reach out to managers to assist how to fix. If they are then able to move along they do that and continue. If
they are still not able the ticket gets escalated to a level 3 tech who will handle the ticket. All this is done within the timeframe of the original SLA
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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
Regular reporting on purchases, assets, current activities and issues, and project status reports
Provide customized IT policies and provide best practices and recommendations
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
We create a scope for client to review with a flat fee pricing.
PLEASE DESCRIBE YOUR EXPERIENCE ADMINISTERING MICROSOFT 365 FOR CLIENTS. PLEASE DESCRIBE ANY MICROSOFT 365
CERTIFICATIONS YOU HOLD. *
Maximum response length: 300 characters
All our clients (aside for 1) are on Office 365. We have techs that specialize in Office 365 only and we are constantly upping our
certifications . it is the best product available these days for businesses to utilize and the tremendous amount of security features
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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
We have extensive knowledge with windows servers as well as SonicWALL firewalls, Meraki switches , ubiquity access points, hexnode
MDM , nimble storage solutions.
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
ItCon evaluates new software and hardware based on compatibility with existing systems, security features, scalability, cost-
effectiveness, and vendor support. This ensures optimal integration into the City of La Quinta's IT infrastructure, aligning with strategic
goals and operational requirements.
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
we helped client that wanted to work with his local dept of education. We did an assessment of their network a realized that they were set up in a
workgroup without any proper tech foundation. We then went ahead and proposed a solid "up to par" IT plan based on their needs and budget.
This has helped them do millions of dollars' worth of business with the dept of education and reduced their cyber risk and allowed them to grow
significantly because they now have the right technology in place.
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9. Prior Experience and Case Studies
HOW MANY TOTAL STATE AND LOCAL GOVERNMENTS USE YOUR COMPANY FOR MANAGED IT SERVICES?*
None
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
Private sector. We are currently aiming to expand into public 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).xlsx
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_.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.*
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Exact user amount and exact window devices being utilized by City of La Quinta
PLEASE UPLOAD ANY STANDARD PRICING DOCUMENTS YOU WISH TO SHARE.
No response submitted
11. Implementation
PLEASE DESCRIBE YOUR IMPLEMENTATION METHODOLOGY, INCLUDING AVERAGE IMPLEMENTATION TIME.*
Maximum response length: 500 characters
ItCon's methodology for City of La Quinta IT transition includes a discovery phase for system understanding, RMM audits, and
preventive planning, followed by implementation with security prioritization, user training, and documentation management. The
post -transition phase focuses on a 30-60-90 day onboarding plan, continuous improvement, and monitoring. Coordination with
vendors and stakeholder engagement ensures transparency and continuity.
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
For City of La Quinta, we'd need access to specific data, credentials, current documentation, staff for coordination, essential
information for smooth migration, and ongoing communication for updates and support.
12. Other
PLEASE SIGN THE FOUR SUPPLEMENTAL DOCUMENTS ATTACHED. *
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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.
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
0 SuDDlemental Attachments .docx
ATTACH MENT_3_NON-
COLLUSION_ AFFIDAVIT _ FORM. pdfATTACHM ENT_ 4_ ACKNOWLEDGEMENT _OF_RECEIPT_OF_ADDENDA.pdfATTACHMENT_2_INSURA
NCE_REQUIREMENTS.pdfAttachment_1_Written_statement_for_insurance_Requirement.docxATTACHMENT_1_CONTRACT_EXAMPL
E_RFP_2024.pdf
PLEASE INDICATE ANY BUSINESS DESIGNATIONS YOU HAVE:
Select all that apply.
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Woman -Owned Business
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.
MF_resume.pdfHF_Resume.pdfPinchas_Gertner_Resume.pdfPinchas_Gertner_Resume.pdf
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
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1 0 ItCon
TECHNOLOGY AND BUSINESS TOGETHER
"Narrative Solution"
ItCon has been in business for 16 years, providing IT & Cybersecurity Support Services as well as
Regulatory Compliance Services. The firm's taxpayer identification number is 26-4538318. The key
personnel for this project will be Hershy Fried (Networking/Network Security), Moshe Freiman
(CTO/CISO), Pinchus Gertner (Level 3 Project Tech), and Jennifer Moncion (Microsoft Administrator,
Security Expert), showcasing their extensive experience and roles. Their Resumes are attached as
separate documents. ItCon is a corporation incorporated in the State of New York and not a subsidiary
of any parent company.
1. Cybersecurity
ItCon proposes to enhance La Quinta's cybersecurity posture by implementing network and email
system security measures, including anti-virus security updates, patch management, and continuous
monitoring. This includes 24/7 monitoring of the city's network, email services, and critical systems, with
proactive communication and escalation protocols based on the severity of any issues detected. ItCon
also plans to administer and manage ongoing training programs and conduct regular phishing and
related tests for all users to fortify human defenses against cyber threats.
2. Network Reliability
Recognizing the importance of a reliable and robust network infrastructure, ItCon aims to provide
comprehensive network management and infrastructure support. This encompasses the installation,
configuration, administration, and maintenance of all network equipment, ensuring consistent internet
connectivity across all city facilities. ItCon will implement a 24/7/365 system monitoring regime, coupled
with a nightly backup plan for critical servers, featuring a regularly -tested recovery process.
3. Device/Hardware Management
ItCon will undertake all maintenance, monitoring, and support for hardware, including servers,
desktops, laptops, and mobile devices. This includes managing the inventory of hardware and software,
facilitating the procurement of commercially rated equipment, and handling the logistics of order
placement, tracking, and equipment returns. The firm will also manage the lifecycle of devices, including
end -of -life notification, replacement, and asset decommissioning/disposal.
4. Customer Service/Help Desk Support
To ensure responsive support for La Quinta's IT needs, ItCon plans to offer 24/7/365 help desk support.
This includes on-call after-hours, on-site, and remote support capabilities. A work order/ticketing system
will be employed to track reported issues, accessible to authorized city staff, ensuring timely and
effective resolution of IT concerns.
5. Organizational Governance
ItCon commits to supporting La Quinta's rules and regulations, providing best practices, and offering
recommendations to align IT operations with the city's governance standards. This includes managing
user onboard ing/off boarding, Active Directory management, and maintaining comprehensive system,
network, and application documentation. Regular reporting on IT activities, purchases, assets, and
project status will be provided to keep stakeholders informed.
6. Management of Existing Enterprise Applications
ItCon will evaluate and recommend improvements to existing systems, ensuring maintenance and
troubleshooting support, particularly for all Microsoft 365 software and systems. The firm will bring
evidence -based familiarity with La Quinta's technology stack, ensuring continuity and optimization of
current IT investments.
7. Strategic Adoption of New Technologies
Acknowledging the city's vision for technological advancement, ItCon will guide the strategic adoption of
new technologies. This includes conducting technical evaluations of new technology, ensuring proper
implementation within the current tech environment, and planning deployments for business
applications. ItCon's approach is to ensure that new technologies integrate seamlessly with existing
systems and contribute to the city's operational and strategic goals.
SLA -Response Time
9 minute response time for all
Critical - 2 hours
Medium High - 1 hour
Low High - 1 hour
Medium Medium - 8 hours
Medium Low - 8 hours
Low Medium - 8 hours
Low Low - 36 hours
IS ItCon
TECHNOLOGY AND BUSINESS TOGETHER
I
4•
L R
ATTACHMENT 3
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, _Moishe Frieman (name) hereby declare
as follows:
I am CIO of _ItCon 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. A
Proposer Signature:
Proposer Name: _Moishe Freiman
Proposer Title:
CIO
Company Name: ItCon Inc
Address: _71 Lafayette Avenue, Sufferen, NY 10901
Page 12 of 13
1
ta
v:Ll 11 l��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. I SIGNATURE INDICATING RECEIPT
Page 13 of 13
ta
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, _Moishe Frieman
(name) hereby acknowledge and
confirm that ItCon Inc (name of company) has re-
viewed
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.
I am CIO
(Title)
of _ItCon Inc
(Company)
Page 11 of 13
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 in the amount of $1,000,000 per occurrence
Umbrella or Excess Liability may be used to meet policy limits
Page 11 of 13
1 0 ItCon
TECHNOLOGY AND BUSINESS TOGETHER
ItCon Inc. hereby affirms its commitment to fully comply with all requirements stipulated in
Exhibits E and F of the City's Agreement for Contract Services, upon being selected as a vendor.
This commitment includes adhering to the comprehensive insurance coverage mandates,
encompassing but not limited to Commercial General Liability, Auto Liability, Professional
Liability (Errors and Omissions), Workers' Compensation, and Cyber Liability insurance. ItCon Inc.
will ensure that all insurance policies are maintained at the requisite levels of coverage, are in
full force and effect, and are accompanied by necessary endorsements and certificates of
insurance as evidence of compliance.
Moishe Freiman
CIO
Introductory Letter
ITCon Inc.
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
Parker County Hospital District
[Address of the Hospital District]
[City, State, Zip Code]
Dear [Recipient's Name],
Subject: Response to RFQ for Information Technology Management Services
I am writing to submit our proposal in response to the Request for Qualifications (RFQ) issued by the
Parker County Hospital District for Information Technology Management Services, as detailed in your
notice dated [insert date of the RFQ document].
At ITCon Inc., we understand the critical importance of efficient and reliable IT management, especially
in the dynamic environment of a healthcare facility like yours. Our team is excited about the possibility
of collaborating with Parker County Hospital District to provide top -tier IT management services that
align with your specific needs and objectives.
Our proposal, attached herewith, outlines our comprehensive approach to meeting your requirements,
including but not limited to support for PCHD mission and core objectives, budget development, IT -
related project planning, staff training, HIPAA compliance, and more as specified in the RFQ. We have
detailed our methodologies, qualifications, and the unique value that ITCon Inc. can bring to your
organization.
We are particularly keen to demonstrate our expertise in the healthcare industry and our proficiency
with the required software applications including A+, CCNA, Security+, and HIPAA Security, among
others. Our team is ready to provide 24/7/365 IT management services, ensuring the highest level of
operational efficiency and security for the Parker County Hospital District.
Thank you for considering our proposal. We are looking forward to the opportunity to discuss how ITCon
Inc. can contribute to the success and efficiency of the Parker County Hospital District's operations.
Sincerely,
[Your Name]
[Your Position]
ITCon Inc.
Statement of Qualifications
Interest in Position
Statement of Qualification
ItCon, a leading firm in Information Technology, Cybersecurity, and Compliance, is eager to express its
interest in managing the Information Technology systems for Parker, TX Hospital. Established in 2008
and achieving over $40 million in sales, our firm has a rich history of dedication and excellence in the
medical sector, specifically servicing hospitals, medical centers, and healthcare facilities.
Our passion for the medical field stems from an acute awareness of its vulnerabilities to cyber threats
and the critical importance of data security in patient care. The healthcare industry, being a prime target
for digital security breaches, demands nothing less than the utmost precision and care in handling
sensitive patient records. The safeguarding of this data is not only a legal and ethical requirement but, in
many cases, is pivotal to the health and safety of patients.
ItCon recognizes the immense responsibility that comes with managing IT in a healthcare setting. The
exchange of sensitive information is a daily occurrence in medical facilities, and each person responsible
for this data must be equipped with robust and secure tools. Our aim is to ensure that the technological
infrastructure not only complies with the highest standards of data protection but also enhances the
efficiency and quality of patient care.
With our extensive experience since 2008 and a proven track record in generating significant sales, we
bring a wealth of knowledge and a deep understanding of both the challenges and opportunities in
healthcare IT. As professionals and patients who value our privacy, we understand the critical role of
technology in a medical environment. We are committed to delivering IT solutions that protect patient
data, streamline workflow, and support healthcare professionals in their mission to provide exceptional
care.
By partnering with Parker, TX Hospital, ItCon aims to leverage its substantial expertise to develop a
secure, efficient, and resilient IT infrastructure. Our goal is to ensure that your facility's IT system is not
just a line of defense against cyber threats but also a catalyst for delivering superior healthcare services.
We look forward to the opportunity to discuss how ItCon can contribute to the continued success and
excellence of Parker, TX Hospital.
Hospital District Benefits
ItCon is enthusiastic about the prospect of serving as the IT Managed Services Provider for the Parker,
TX Hospital. Our confidence in this role is twofold, rooted in our comprehensive IT approach and deep
expertise in cybersecurity and compliance, particularly within the medical sector.
Proactive and Reactive IT Management
At ItCon, we excel in both proactive foresight and reactive support. Our proactive team adopts a holistic
view of each organization, delving into understanding the unique workflow, culture, and technological
integration to enhance efficiency without disrupting the existing environment. We recognize that
introducing new technologies, especially in a high-stakes medical setting that demands 100% uptime,
requires thoughtful planning and creative solutions.
Our approach is underpinned by rigorous project planning following the PMI methodology and a
dedicated project manager for each project, ensuring meticulous attention to detail and seamless
execution. We consider every element — from servers to individual devices — making decisions that save
time, effort, and costs, while maintaining security and currency.
For updates and maintenance, we adhere to Microsoft best practices, utilizing a WSUS server to
thoroughly test updates in a controlled environment before deployment. This meticulous approach
eliminates risks associated with manual updates, ensuring stability and security.
However, we recognize that no system is infallible. Our robust helpdesk is built to efficiently address the
unexpected. Our technicians are trained not just technically, but in understanding the unique dynamics
of a hospital environment. We value the time of medical professionals highly, ensuring our support is
swift, precise, and tailored to their schedules.
Cybersecurity and Compliance Expertise
In addition to IT management, we bring specialized expertise in cybersecurity and compliance through
our division, Aegis Trusted Defense. This unit focuses specifically on the intricacies of medical
cybersecurity and HIPAA compliance, offering comprehensive security solutions.
We conduct regular penetration tests, risk assessments, and utilize our expertise in cybersecurity to
tailor our approach to each facility's specific needs. Our team ensures that HIPAA controls are
meticulously implemented and documented, a critical factor in maintaining cyber -insurability.
Documentation, often overlooked, is a cornerstone of our strategy, ensuring scalability and consistency
in processes like user setup and permission management. We understand that the foundation of
security and compliance in IT lies in well-managed permissions and controls, and we treat this aspect
with the utmost seriousness.
Conclusion
At ItCon, our goal is not just to manage technology but to enable medical professionals to excel in their
life-saving work through optimal use of technology. We strive to ensure maximum uptime and
efficiency, enabling seamless patient care. Our dedication to proactive planning, robust support
systems, and specialized expertise in cybersecurity and compliance positions us as an ideal partner for
Parker, TX Hospital.
Past Experience
Case Study: Comprehensive IT Management for a Multi -Location Outpatient Medical Facility
ItCon, in collaboration with Aegis, has been instrumental in transforming the IT infrastructure of a
prominent 24/7 outpatient medical facility. This esteemed client operates across 10 locations with a
dedicated team of 145 doctors, 250 medical assistants, extensive back office staff, a fully functioning
pharmacy, and an international call center.
Upon commencing our partnership four years ago, we encountered a lack of systematic accountability
regarding their devices, products, licenses, and personnel. Recognizing the criticality of these aspects in
a high -paced medical environment, ItCon and Aegis embarked on an extensive IT overhaul.
Achievements and Impact:
• Inventory Management: We introduced sophisticated software solutions to manage their
inventory efficiently, ensuring that every asset is properly accounted for.
• Employee Access Controls: We streamlined the process for new and existing employees,
ensuring they have access only to the necessary resources, enhancing both security and
operational efficiency.
• Dramatic Reduction in Support Tickets: Initially facing 50-60 support tickets per hour, our
concerted efforts have remarkably reduced this to about 15 tickets per week. This includes
handling new and terminated user tickets, a testament to our effective management.
• Proactive and Reactive Support Synergy: The synergy between our proactive and reactive
teams, complemented by weekly walkthroughs, has significantly improved the company's
efficiency. This strategic approach has not only enhanced day-to-day operations but also
contributed to a tangible return on investment for our client.
• Enhanced Security and Peace of Mind: Our client can now rest assured, knowing their IT
infrastructure is secure and managed by a team deeply invested in their success.
• Expansion of Services to Telecommunications: Following our successes, we were entrusted
with their phone system management. The CEO's commendation, "when ItCon does something,
they do it right," stands as a testament to our meticulous and effective approach.
Our commitment to "doing it right" drives every project at ItCon. This case study exemplifies our
methodical and thorough approach, ensuring not just operational efficiency but also instilling a sense of
confidence and security in our clients.
Professional Qualifications
At ItCon, we place a high value on professional certifications as a complement to field experience. We
believe that while hands-on experience is crucial, the foundational knowledge provided by certifications
is indispensable. Our commitment to this belief is evident in our approach to employee development
and the expertise we offer to our clients.
Emphasizing the Importance of Certifications:
• Fortinet Certifications: Recognizing the significance of Fortinet devices in our operations, we
have ensured that our technicians are certified with NSE 7 Fortinet certification. This
certification equips our network and security architects with the skills necessary to effectively
deploy, administer, and troubleshoot Fortinet security solutions.
• Microsoft Certifications: Our team boasts Microsoft certifications, including the Microsoft Azure
Architect Administrator. We also have Microsoft Office 365 experts specializing in setup,
security, compliance, and Microsoft Intune, ensuring comprehensive expertise in these critical
tools.
• CompTIA A+ Certification: Holding a CompTIA A+ certification is a fundamental requirement for
employment at ItCon, underscoring the importance we place on solid foundational IT skills.
• Cisco Certifications: With many of our clients utilizing Cisco devices, certifications such as CCNA
and CCNA Voice are essential for our network engineers. Additionally, Network+ serves as a
prerequisite for our level 2 technicians, ensuring a high standard of network expertise.
• Security Team Qualifications: Our security team members begin with CompTIA Security+
certification, and HIPAA Security certification is a requisite, reflecting our focus on healthcare
sector needs.
• vCISO Expertise: The presence of a vCISO (Virtual Chief Information Security Officer) on our
team highlights our commitment to advanced security consultation. Our vCISO provides expert
guidance to clients on all cybersecurity matters.
Conclusion: Our approach at ItCon is to blend the practical insights gained from on -the -ground
experience with the structured knowledge provided by certifications. This combination ensures that our
team is not only skilled but also backed by the latest industry standards and practices, enabling us to
provide top -tier service and advice to our clients.
Availability
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
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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
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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
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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]
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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
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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
Moshe Freiman
Monsey NY - 845-659-5694 - mfreiman@itconinc.com
Professional
Innovative, forward -thinking Executive and Technologist offering over 14+ years of
success in various leadership roles in the areas of Information Technology and Information
Summary
Security. Expert in strategic and tactical planning, compliance, governance, and setting
the posture of Information Security for organizations. Experienced Risk Manager
professional with strong leadership and relationship -building skills; Security Professional with
passion for aligning security architecture plans and processes with security standards and
business goals.
Skills
Strategic Planning
• Cybersecurity
• IT Governance
• Cloud Computing
• Risk Management
• Leadership
• Team Building
• Project management
Experience
2008- Present
CIO/CISO I ItCon Inc.
• Head of the Information Security Enterprise division, driving the information security
strategy and implementation, protecting the business from security threats and
cyber -hacking.
• Responsible for maintaining the enterprise vision, strategy, and program to ensure
information assets and technologies are adequately protected and leading the
security posture of the Agency.
• Skilled at working independently and collaboratively in a team environment.
• Organized and detail -oriented with a strong work ethic.
• Used strong analytical and problem -solving skills to develop effective solutions for
challenging situations.
• Proven ability to develop and implement creative solutions to complex problems.
• Participated in team projects, demonstrating an ability to work collaboratively and
effectively.
• Provided professional services and support in a dynamic work environment.
• Assisted with day-to-day operations, working efficiently and productively with all
team members.
Education
Horizons School of Technology
Certification
• CompTIA A+
0 CompTIA Net +
• Microsoft MCSA
• Microsoft MCSE
• Veeam
Hershy Fried
Monticello, NY 12701
845-837-8513
ytfl0728@gmaii.com
PROFESSIONAL
Organized and dependable candidate successful at managing multiple priorities with a positive
SUMMARY
attitude. Willingness to take on added responsibilities to meet team goals. Trusted Network
Security Engineer with 3 years protecting companies against bad actors who disrupt business
operations. Serves as primary safeguard against external threats. Educates colleagues on best
practices and network safety protocols. Protects networked assets through both preventive and
reactionary measures.
SKILLS
Network Security Management 0 Security Training
• Network Troubleshooting 0 Secure Network Architecture
• Firewall Management • Wireless Security
• Scripting Languages • Network Security Design
• Firewall Installation • Port Security Knowledge
• Intrusion Detection 0 Virtual Private Networks
• Disaster Recovery Planning 0 Patch Management
• Vulnerability Assessment 0 IP Addressing and Subnetting
• Virtualization Security 0 Critical Thinking
• Operating System Security • Security Issues Troubleshooting
• Encryption Technologies
WORK
July 2021 —Current
HISTORY
ItCon Inc - Suffern, NY
Senior Network Security Engineer
• Enhanced network security by designing and implementing robust security architectures.
• Reduced the risk of cyberattacks by conducting thorough vulnerability assessments and
penetration tests.
• Optimized security configurations for routers, switches, and firewalls to improve overall
system performance.
• Collaborated with cross -functional teams to develop corporate -wide cybersecurity
policies and procedures.
• Maintained up-to-date knowledge of emerging security threats, recommending
appropriate countermeasures to management.
• Managed vendor relationships, evaluating new technologies to enhance the
organization's security posture continually.
• Mentored junior engineers, providing guidance on best practices in network security
engineering and management.
• Performed regular audits of network devices, ensuring compliance with industry
standards and regulatory requirements.
• Established secure remote connectivity options for employees, enabling secure access
while working remotely or traveling abroad.
• Installed and maintained commercial firewall solution, working with security vendors to
consistently apply best practices and software updates.
• Selected appropriate intrusion detection system solutions for implementation at
facilities.
• Performed network troubleshooting to isolate and diagnose common problems.
• Implemented necessary controls and procedures to protect information system assets
from intentional or inadvertent modification, disclosure or destruction.
• Worked with business partners to balance requirements, security and risk reduction.
January 2020 - Current
ItCon Inc - Suffern, NY
System Administrator
• Enhanced system performance by optimizing server configurations and implementing
regular updates.
• Reduced downtime by proactively identifying and resolving potential issues through
thorough system monitoring.
• Collaborated with IT team to develop and implement comprehensive disaster recovery
plans, ensuring minimal data loss during critical incidents.
• Enabled smooth transitions during hardware and software upgrades, minimizing
disruptions to end users.
• Simplified troubleshooting processes by creating detailed documentation for system
configurations, procedures, and best practices.
• Contributed to cost-saving initiatives by analyzing resource usage trends and
recommending infrastructure adjustments accordingly.
• Diagnosed and resolved complex technical issues through in-depth analysis, facilitating
uninterrupted business operations.
• Implemented proactive maintenance plans that resulted in extended equipment lifespan
and reduced repair costs over time.
• Assisted in capacity planning efforts to ensure sufficient resources were available for
future growth while avoiding unnecessary expenses related to underutilized assets.
• Maintained a high level of customer satisfaction by providing rapid, accurate response
to inquiries and concerns regarding system performance or functionality.
• Worked with users to determine areas of technology in need of improved usability.
• Installed important security and functionality patches to maintain optimal protections
against intrusion and system reliability.
• Managed onboarding and offboarding of employees. Provisioned new software and
hardware for use, following established security policies.
• Completed reports detailing network and systems performance and downtime issues.
• Established network specifications and analyzed workflow, access, information and
security requirements.
• Oversaw file system and storage upgrades while safeguarding data integrity and
redundancy.
• Designed proactive preventive maintenance schedules to prevent unnecessary
downtime and hardware faults.
• Served as subject matter expert on proposed technology purchases.
• Monitored temperature and power draw to immediately detect faults and failures.
• Resolved issues and escalated problems with knowledgeable support and quality
service.
• Diagnosed and resolved hardware and software issues.
• Planned and implemented upgrades to system hardware and software.
• Monitored networks and network devices to resolve technical problems quickly.
• Maintained flexible schedule and responded to after-hours and weekend emergencies.
• Analyzed network traffic and performance metrics to optimize system performance.
• Analyzed complex project server issues and worked on large enterprise and business -
critical applications.
• Performed network security design and integration duties.
EDUCATION 2019-2020
ICA
CERTIFICATION CompTIA A+ network+ security+ server+ and Fortinet NSE 1,2,3,4 and 7
P I N C H A S PROFESSIONAL SUMMARY
GE R T N E R
IT professional with over 2 years of hands-on experience in managing and
• Network Administration
optimizing diverse technology environments. Proficient in Windows Server
CONTACT
administration, Microsoft 365 deployment and management, Fortinet security
• Hardware Installation
solutions, and VMware virtualization. Skilled in backup and disaster recovery
O917- 994-4146
strategies, networking troubleshooting, and cybersecurity protocols to ensure
data integrity, network reliability, and business continuity. Experienced in
0 gertnerpinchas@gmail.com
implementing and maintaining VoIP systems to enhance communication
• Spring Valley, NY
efficiency. Strong problem -solving abilities and a proven track record of
delivering innovative solutions to meet organizational needs.
SKILLS
EXPERIENCE
• System Administration
EDUCATION
January 2022
Information Technology
Viewpoint Academy, Brooklyn NY
CERTIFICATIONS
• Cisco CCNA
• Fortinet NSE 4 Network Security Professional
• CompTIA A+
• CompTIA Network+
• CompTIA Security+
January 2023 - Present
• Network Administration
IT Project Engineer
• Hardware Installation
ItCon Inc, Spring Valley
• Cybersecurity Expertise
IT Projects, Escalations, Backup and Disaster Recovery Setups, VOIP implementations.
• Cloud Computing
November 2021 - December 2022
• Technical Troubleshooting
IT Help Desk Technician
• Customer service
ItCon Inc, Spring Valley, US
• Communication skills
Working as a Help Desk technician for an MSP I was responsible for day to day IT operations and
troubleshooting
EDUCATION
January 2022
Information Technology
Viewpoint Academy, Brooklyn NY
CERTIFICATIONS
• Cisco CCNA
• Fortinet NSE 4 Network Security Professional
• CompTIA A+
• CompTIA Network+
• CompTIA Security+
P I N C H A S PROFESSIONAL SUMMARY
GE R T N E R
IT professional with over 2 years of hands-on experience in managing and
• Network Administration
optimizing diverse technology environments. Proficient in Windows Server
CONTACT
administration, Microsoft 365 deployment and management, Fortinet security
• Hardware Installation
solutions, and VMware virtualization. Skilled in backup and disaster recovery
O917- 994-4146
strategies, networking troubleshooting, and cybersecurity protocols to ensure
data integrity, network reliability, and business continuity. Experienced in
0 gertnerpinchas@gmail.com
implementing and maintaining VoIP systems to enhance communication
• Spring Valley, NY
efficiency. Strong problem -solving abilities and a proven track record of
delivering innovative solutions to meet organizational needs.
SKILLS
EXPERIENCE
• System Administration
EDUCATION
January 2022
Information Technology
Viewpoint Academy, Brooklyn NY
CERTIFICATIONS
• Cisco CCNA
• Fortinet NSE 4 Network Security Professional
• CompTIA A+
• CompTIA Network+
• CompTIA Security+
January 2023 - Present
• Network Administration
IT Project Engineer
• Hardware Installation
ItCon Inc, Spring Valley
• Cybersecurity Expertise
IT Projects, Escalations, Backup and Disaster Recovery Setups, VOIP implementations.
• Cloud Computing
November 2021 - December 2022
• Technical Troubleshooting
IT Help Desk Technician
• Customer service
ItCon Inc, Spring Valley, US
• Communication skills
Working as a Help Desk technician for an MSP I was responsible for day to day IT operations and
troubleshooting
EDUCATION
January 2022
Information Technology
Viewpoint Academy, Brooklyn NY
CERTIFICATIONS
• Cisco CCNA
• Fortinet NSE 4 Network Security Professional
• CompTIA A+
• CompTIA Network+
• CompTIA Security+