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HomeMy WebLinkAbout09 - OB-1 - Temporary Web Master Consultant Services - 5/17/2016CITY COUNCIL AGENDA REPORT MEETING DATE: May 17, 2016 ITEM NUMBER: OB -1 SUBJECT: TEMPORARY WEB MASTER CONSULTANT SERVICES FOR THE DESIGN AND DEVELOPMENT OF THE CITY'S INTERNAL WEB PLATFORM AND APPLICATIONS DATE: April 21, 2016 FROM: INFORMATION TECHNOLOGY DEPARTMENT PRESENTATION STEVE ELY, I.T. DIRECTOR BY: FOR FURTHER INFORMATION CONTACT: STEVE ELY, 714-754-4891 RECOMMENDATION: City staff recommends that City Council — 1. Requested Services — Authorize temporary web master services to rebuild and develop the internal web platform and applications. 2. Compensation for Requested Services — Authorize the City CEO to sign the Professional Services Agreement ("Agreement") with Robert Half Technology, d.b.a. Protiviti Government Services (Consultant), in the annual contract amount not to exceed $178,000.00. BACKGROUND: Costa Mesa is a dynamic municipality. The Information Technology Department ("I.T.") has determined based upon the growth of the City and to keep up with the rate of business and community affairs, it would be wise to perform the following: 1. Further development and rewrite of the City's Intranet to increase functionality; 2. Build in-house geographical processing services; 3. Geocode business licenses to show business information on maps; 4. Geocode the permit application to get spatial location information from PermitsPlus; and 5. Enhance existing web applications, including the Parking Permit System for Public Services' Transportation Division; I.T. Help Desk; Homeless Tracking System for the CEO's office; and work on various Geographical Information System ("GIS") website applications. The proposed improvements of the City's internal web platform and applications are essential to the City and its employees to be able to better serve the citizens of Costa Mesa. I.T. has been unsuccessful in locating a qualified web master and the City presently does not have a staff member that is qualified in web platforms and applications. After considering the expertise and experiences of numerous prospects, I.T. has found the most qualified candidate with Robert Half Technology, d.b.a. Protiviti Government Services. I.T. solicited for a RHT/Protiviti temporary web master proposal. ANALYSIS: 1. The Intranet. The Intranet brings many benefits to the City. It acts as the internal citywide staff. Important information, such as policies and procedures, contact information, guidelines, contract status reports, rules and regulations, forms, and a host of many other useful documents are stored here. It is also here where staff fill out and submit their timesheets electronically, post help desk requests for I.T., Facilities Maintenance, Central Services, and Telecommunications, as well as vehicle service requests. It is also the site where the City publishes its latest Meet -and -Greet events that show the names of its new employees, promotions, and recipients of the CEO Leadership Awards. 2. In -House Geographical Processing Services. With these web services, I.T. would turn an address into a longitude and latitude spatial location, meaning we can geographically locate a text address and convert it into a visual location and see the proximity of each address to other addresses. These services will also result in the performance of Items 3 and 4 below. 3. Geocode Business License Information. Once business license information are geocoded, Finance's Treasury Division would be able to display business licenses on the City maps and accurately determine how many licenses have been applied for and where in a given period of time. They would be able to analyze business activities by location and see where a business license is being applied for. This would be also be very useful to the Planning Division of Development Services, for the enforcement of zoning code regulations. 4. Geocode Permit Applications to Get Spatial Location Information from PermitsPlus. Once applications for permits have been geocoded, the number of permits applied for in a given period of time would be displayed on the City maps. It would be easier to see which areas have done home improvements. This information will help Code Enforcement to plan their inspection itineraries more efficiently and effectively. 5. Enhance Existing Web Platform and Applications. This includes the Parking Permit System for Public Services' Transportation Division; I.T. Help Desk, Homeless Tracking System for the CEO's office; and various Geographic Information Systems applications. It is anticipated that the project will take about ten (10) months to complete. ALTERNATIVES CONSIDERED: I.T. successfully located a federal GSA cooperative technology temporary staffing agency cooperative agreement. The City desires to join this GSA cooperative agreement by and through this Agreement. At this time, no other alternatives are suggested. FISCAL REVIEW: Funding for this consultancy is included in the fiscal year 2015-16 adopted budget. LEGAL REVIEW: The office of the City Attorney reviewed and approved the Agreement as to form and content. CONCLUSION: I.T. has tried to unsuccessfully to locate qualified temporary staff and has attempted to join in local cooperative agreements. Based on a review of various candidates, I.T. believes that Consultant, Robert Half Technology d.b.a. Protiviti Government Services is the best -qualified candidate who possesses the high level skill set and experience necessary to perform all of the desired increased functionality and efficiency improvements to the City's internal web platform and applications. In closing, the City recommends that Council approve the proposed Agreement and authorize the City CEO to sign the Agreement. Date: STEVEN ELY I.T. Director Date: STEPHEN DUNIVENT Interim Finance Director Date: TOM DUARTE City Attorney Attachments: 1. City of Costa Mesa Professional Services Agreement with Robert Half Technology, d.b.a. Protiviti Government Services. ATTACHMENT 1 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF TECHNOLOGY I PROTIVITI GOVERNMENT SERVICES, INC. THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this day of April, 2016 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and ROBERT HALF TECHNOLOGY, doing business as PROTIVITI GOVERNMENT SERVICES, INC., registered as California corporation C3199635 ("Consultant"). Collectively City and Consultant shall be known as "Parties". WITNESSETH A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide temporary staffing services for the Information Technology (IT) Department ("Services"), as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific Services described in "Exhibit A" ("RH Customer Agreement for Services for Robert Half Technology [with Statement(s) of Work]") and desire to set forth their rights, duties and liabilities in connection with the Services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the leased/temporary employee services as described herein and in the Consultant's RH Customer Agreement for Services for Robert Half Technology (with Statement(s) of Work), attached hereto as "Exhibit A," and City's Response ("Response") to Consultant's Conditions for Services, attached hereto as "Exhibit B," both incorporated herein by this reference. Should any provision of Exhibit A conflict with any provision of this Agreement or Exhibit B, the provisions of this Agreement and Exhibit B shall control. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to 1 1 City of Costa Mesa - Robert Half ( Protiviti Government Services Professional Services Agreement the complete satisfaction of the City and as herein specified. Evaluations of the work will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warrantv. Consultant warrants that it shall perform the Services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non -Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the Services that are subject to this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform the Services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be Parties, as Services are needed. City shall pay 2 1 City of Costa Mesa -- Robert Half l paid as agreed, in writing, between the Consultant the rate for each respective Protiviti Government Services Professional Services Agreement Temporary Leased Staff position as set forth in the GSA Federal Supply Service Schedule Price List, Contract Number GS -35F -0280X MOD, attached hereto and incorporated herein as "Exhibit C". This Agreement shall not exceed the annual amount of One Hundred Seventy Eight Thousand Dollars ($178,000.00 USD). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Statement of Work unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's Services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's Services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The Services to be performed pursuant to this Agreement shall commence within five (5) days, or as reasonably agreed to by the Parties, from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Parties shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the Party or Parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a Party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and shall continue until the March 10, 2021, the expiration date of the GSA Federal Supply Service, Authoirzed Federal Supply Schedule Price List, GS -35F -0280X MOD ("Exhibit C") ("Initial Term"), unless previously terminated as provided herein or as otherwise agreed to in writing by the Parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination (Section 6.4). In the event of such termination, Consultant shall immediately stop rendering Services under this Agreement unless directed otherwise by the City. 3 1 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and Services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the Services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the Services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start 41 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Cervices Agreement of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City. (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as "Exhibit D" and incorporated herein by this reference. 5.5. Non -Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to any matter referenced herein and supersedes any and all other prior 5 1 City of Costa Mesa — Robert Half I Protiviti Government Services Professional Services Agreement writings and oral negotiations. This Agreement may be modified only in writing, and signed by the Parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City CEO, or his or her designee, shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the Initial Term or any renewal terms of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; and b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: John Owen I Vice President Protiviti Government Services 1640 King Street Suite 400 Alexandria, VA 22314 (703) 299-3507 john.owen@protiviti.com www.protivitigovernmentservices.com IF TO CITY: City of Costa Mesa IT Department 77 Fair Drive Costa Mesa, CA 92626 (714)754-5169 www.costamesaca.gov Courtesty Copy to: City of Costa Mesa Finance Department I Purchasing 77 Fair Drive Costa Mesa, CA 92626 6.5. Drug -Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as "Exhibit E" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees and Costs. In the event that litigation is brought by any party in 6 1 City of Costa Mesa - Robert Half ) Protiviti Government Services Professional Services Agreement connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. To the fullest extent allowed by law, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications, , and/or Exhibits A and/or C, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable 7 1 City of Costa Mesa -- Robert Half I Protiviti Government Services Professional Services Agreement worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or Services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 8 1 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant Services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the Parties hereto or their respective successors and assigns may amend this Agreement. 91 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement 6.24. Waiver. The delay or failure of either Party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any Party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both Parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.27. Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto 1 - and and through their respective authorized officers, CITY OF COSTA MESA Mayor or Chief Executive Officer CONSULTANT Signature Name and Title Social Security or Taxpayer ID Number ave caused this Agreement to be executed by as of the date first above written. Date: Date: 10 1 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement ATTEST: Date: City Clerk Date: Interim Finance Director Date: City Attorney Date: Risk Management Date: Department Head/Director Date: Project ect Manager 11 1 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement EXHIBIT A CONSULTANT'S CUSTOMER AGREEMENT FOR SERVICES AND STATEMENT OF WORK 12 1 City of Costa Mesa — Robert Half I Protiviti Government Services Professional Services Agreement RH Customer Agreement for Services for Robert Half Technology (with Statement(s) of Work) This RH Customer Agreement for Services for Robert Half Technology (with Statement(s) of Work) (the "Agree- ment") governs transactions by which you retain the Services of Robert Half International Inc., doing business through Its division Robert Half Technology ("RH"), to assist [City of Costa Mesa] ("you" or "your") in meeting its staffing needs. Part 1 - General 1.1 Definitions "Assigned Individual" means the individual assigned to you by RH. "Branch" means the RH branch located at the address identified on page 3 of this Agreement. "Services" means the provision of services by the Assigned Individual to you. 1.2 Agreement Structure All Services provided under this Agreement shall be memorialized in a statement of work substantially in the form attached hereto as Exhibit A, which, when fully executed by both parties, shall be Incorporated into and made a part of this Agreement as though fully set forth herein (each a "Statement of Work"). Each Statement of Work will include, among other things, a description of the Services, fees for Services and the name of your supervisor. In order to initiate Services, the parties will execute a Statement of Work. Once RH agrees to provide the requested Services, RH will send you a job arrangement letter confirming each Assigned Individual's name, bill rate and overtime rate ("Job Arrangement Letters") The terms in the Job Arrangement Letters are also part of this Agreement. You accept the terms In a Job Arrangement Letter by your approval of the Assigned Individual's weekly timesheet or electronic time record. Services become subject to this Agreement when a) the parties sign a Statement of Work for the Services or b) RH accepts your order by 1) sending you a job arrangement letter, or 2) providing the Services. In the event there is a conflict among the terms In the various documents, the order of precedence shall be; (1) the body of this Agreement; (2) the Statement of Work; and (3) the Job Arrangement Letter, 1.3 Charges and Payment Assigned Individuals will present a time sheet or an electronic time record to you or your representative for verification and approval at the end of each week,' RH will bill you weekly for the total hours worked, RH's invoices are due upon receipt, including applicable sales and services taxes, all of which are payable by you. If applicable, overtime will be billed at 1.50 times the normal billing rate. If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate, Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. Additionally, RH may, at its option, charge interest on any overdue amounts at a rate of the lesser of 11/2% per month or the highest rate al- lowed by applicable law from the date the amount first became due. You agree to pay RH a conversion fee if you hire or engage any Assigned Individual, whether directly or indirectly, and regardless of the employment classification, on either a permanent, temporary (including temporary assignments through another agency) or consulting basis, within twelve (12) months after the last day of the Assigned Individual's Services to you. You also agree to pay a conversion fee if an As- signed Individual is hired by (i) a subsidiary or other related company or business as a result of your refer- ral of the Assigned Individual to that company or (ii) one of your customers as a result of the Assigned Indi- vidual providing services to that customer. The conversion fee will be equal to [fifty] percent ([50]%) of As- signed Individual's anticipated aggregate annual compensation, including bonuses. The same calculation will be used if the Assigned Individual is converted on a part-time basis using the full-time equivalent salary, The conversion fee will be owed and invoiced upon the hiring of the Assigned Individual, and payment is due upon receipt of the invoice. RH may increase its rates for the Services provided under this Agreement to reflect increases in RH's own costs of doing business, including costs associated with higher wages for workers and/or related tax, bene- fit and other costs, RH will provide written or verbal notice of any increase in its rates for the Services, and such increase will be prospective, starting as of the effective date RH specifies. 1.4 Changes to the Agreement Terms For a change to be valid, both parties must sign it. Additional or different terms in any written communica- tion from you (such as a purchase order) are void. © Robert Half International Inc., 2014. All rights reserved. Robert Half International Inc. Is an Equal Opportunity Employer M/i Page 1 of 4 1.5 Limitation of Liability Circumstances may arise where, because of a default on RH's part or other liability, you are entitled to re- cover damages from RH, Regardless of the basis on which you are entitled to claim damages from RH (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), RH's liability, If any, will (in the aggregate for all claims, causes of action or damages) be limited to any actual direct dam- ages up to an amount equal to the fees actually paid to RH for the Services that are the subject of the claim Items for Which RH is Not Liable Under no circumstances is RH liable for special, incidental or indirect damages or for any consequential damages (including lost profits, business, revenue, goodwill, or anticipated savings), even if informed of the possibility. 1.6 General Principles of Our Relationship a. Each party will maintain workers' compensation insurance, commercial liability insurance and employ- er's liability insurance. b. RH will be responsible, to the extent applicable, for any workers' compensation insurance, federal, state and local withholding and unemployment taxes, social security, state disability insurance or other payroll charges for its employees. c. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect. 1.7 Agreement Term This Agreement will continue for a period of one year after the last date listed below, unless terminated ear- lier. Either party may terminate this Agreement on thirty days' written notice to the other. Either party may terminate this Agreement if the other does not comply with any of its terms, provided the one who is not complying is given written notice and reasonable time to comply. Any terms of this Agreement which by their nature extend beyond the Agreement termination remain in ef- fect until fulfilled, including the payment obligations set forth in Section 1.3 above, and apply to each party's respective successors and assignees. 1.8 Warranties RH guarantees your satisfaction with the Services of the Assigned Individual by extending to you a three- day (24 hours) guarantee period. If, for any reason, you are dissatisfied with the Assigned Individual, RH will not charge for the first twenty-four hours worked, provided that you allow RH to replace the Assigned Individual. Unless you contact RH before the end of the first twenty-four hours guarantee period, you agree that the Assigned Individual is satisfactory. Notwithstanding any language to the contrary contained in this Agreement or a Statement of Work with regard to fixed -prices, deliverables, acceptance of de- liverables or milestones, RH is compensated on an hourly basis only. RH is a temporary staffing firm and is not in the business of providing project -based services or deliverables. EXCEPT AS SET FORTH IN THIS SECTION 1,8, RH MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, Part 2 - Services 2.1 RH usually checks references only by asking specific questions to select past employers with regard to skills and work history before RH places an Individual on his or her first assignment. RH has not engaged in any verification process other than this initial reference check (e.g., RH has not screened for drug use, administered a medical exam or conducted a criminal background or credit check.), 2.2 You agree that you are responsible for supervising the Assigned Individuals. You will not permit or require an Assigned Individual (i) to perform Services outside of the scope of his or her assignment; (ii) to sign con- tracts or statements; (iii) to make any final decisions regarding system design, software development or the acquisition of hardware or software; (iv) to make any management decisions; (v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables; (vi) to operate machinery (other than office machines) or automotive equipment or (vii) to perform Services re- motely (e.g., on premises other than your or your customer's premises), or to use computers, software or network equipment owned or licensed by the Assigned Individual. © Robert Half International Inc., 2014. All rights reserved. Robert Half International Inc, Is an Equal Opportunity Employer M/F/DN Page 2 of 4 2.3 You agree that you will provide safe working conditions. If any assignment under this Agreement is for work to be performed under a government contract or subcontract, you will notify RH immediately (1) of any obligations in the government contract or subcontract relating to wages, and (2) if RH is legally required to initiate E -Verify verification procedures for any Assigned Individual, 2.4 You agree that you are responsible for reporting any claim to RH in writing during or within ninety (9C) days after the termination of the applicable assignment, RH will not be responsible for any claim related to any Services unless you have reported such claim in writing to RH within ninety (90) days after termination of the applicable assignment, 2.5 You agree that you are responsible for Implementing and maintaining usual, customary and appropriate in- ternal procedures and controls (including accounting, information technology, proprietary information, crea- tive designs and trade secret safeguards) for your company. You agree that you are fully responsible for, and that RH will not be responsible for, any injuries, claims, damages or losses that may result from your failure to comply with the foregoing. 2.6 Assigned Individuals will execute any confidentiality agreement that you may require, You are responsible for obtaining the Assigned Individual's signature. You agree to hold in confidence the identity of any As- signed Individual and the Assigned Individual's resume, social security number and other legally protected personal information, and you agree to implement and maintain reasonable security procedures and prac- tices to protect such information from unauthorized access, use, modification or disclosure, This Agreement is only applicable to, and the only Robert Half International Inc. division and branch obligated under this Agreement are, the Robert Half Technology division of the Branch. This Agreement, Its Statements of Work and its Job Arrangement Letter(s) are the complete agreement regarding these transactions, and replace any prior oral or written communications between the Branch and you regarding these transactions. By signing below, both parties agree to the terms of this Agreement. Once signed, 1) any reproduction of this Agreement, its Statements of Work, or Job Arrangement Letters made by reliable means (for example, photocopy or facsimile) Is considered an original and 2) all Services ordered under this Agreement are subject to it. Agreed to: City of Costa Mesa By Authorized signature Name (type or print): Click here to enter [ext. Date: Click here to eater a date. Customer address: Click here to enter text.] Agreed to: Robert Half International Inc. By on d signature Name (type or print): Craig Kapper Date: 4/6/2016 Branch address: 18200 Von Kerman Ave., Suite 800, Irvine, CA 92612 After signing, please return a copy of this Agreement to the RH "Branch address" shown above. © Robert Half International Inc., 2014. All rights reserved, M/F/D/V Page 3 of 4 Robert Half International Inc. is an Equal Opportunity Employer Exhibit A STATEMENT OF WORK FOR RH CUSTOMER AGREEMENT This is a Statement of Work referred to in the RH Customer Agreement for Services for Robert Half Technology (with Statement(s) of Work) dated April 5th, 2016 (the "Agreement"), by and between City of Costa Mesa ("you", "your" or"Client") and Robert Half International Inc., through Its division Robert Half Technology ("RH"), which Agreement is incorporated into and made a part of this Statement of Work. This Statement of Work shall be ef- fective as of the last date listed below after it is signed by both parties. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. Description of Services: Consulting Services Services Start Date: 5/6/2016 Estimated Timetable: 8 months Job Skills: Web Development Job Responsibilities: Clich here to enter text. Client Supervisor: Name: Steve Ely Phone: 714-754-4891 Fax: Click here to enter text. RH Account Representative: Name: [Nick Choi] Phone: [949-476-0879] Fax: (Insert RH Contact Fax Number] RH Assigned Individual: Name: Job Order: Bill Rate: [Web Developer Consultant] [Insert JO Number] [$105/hr.] Termination: Either party may terminate this Statement of Work by giving written notice to the other party. The parties hereby concur to this Statement of Work. Agreed to: [Insert Client Name] By Authorized signature Name (type or print): Click here to enter text. Date: Click here to enter n date. © Robert Half International Inc., 2014. All rights reserved. M/F/DN Agreed to: Robert Half International Inc. By L4:�� ri d signature Name (type or print): Craig Kapper Date: 4/6/2016 Page 4 of 4 Robert Half International Inc. Is an Equal Opportunity Employer EXHIBIT B CITY'S RESPONSE TO CONSULTANT'S CUSTOMER AGREEMENT FOR SERVICES AND STATEMENT OF WORK 1. The City reiterates, by and through this Agreement, that the Parties are entering into a non-exclusive and independent contractor relationship with Consultant, this includes any of Consultant's staff, temporary staff, and agents ("Temporary Leased Employees"). This Response states, in clear language, that Consultant's Temporary Leased Employees herein operate as independent contractors, not City employees, and therefore are not eligibile for any employee benefits. 2. Consultant must ensure that the Temporary Leased Employees — each of them - are required to sign off by written acknowledgement that employee benefits are waived. This is the responsibility of Consultant. Consultant will not provide City with any Temporary Leased Employees that have not signed an irrevocable written waiver forever waiving his/her rights to any employee benefits. 3. Temporary Leased Employees arrangements and hourly payments fall within the requirements of Internal Revenue Code §414(n) which ensure that such Temporary Leased Employees will not be reclassified as common-law employees of the City, the Service recipient. 4. The City's benefit plans clearly exclude independent contractors and Temporary Leased Employees, including workers who may later attempt to be reclassified as common-law employees by and through any governmental agency, or through Consultant. 5. The City's benefit plan excludes seasonal, temporary or part-time workers from plan eligibility regardless of amount of hours worked; this includes Temporary Leased Employees. 6. Consultant shall manage Temporary Leased Employees responsibilities such as hourly payments and benefit negotiation, paycheck distribution, testing and training, performance reviews and disciplinary actions. The City will discuss specific work duties and shall integrate the Temporary Leased Employees into its workforce. City will work with Consultant to ensure that roles and responsibilities are clear. 7. Parties shall clearly set out in writing all job descriptions and requirements, hourly payments, overtime hourly payments and when overtime hourly payments is allowed to be incurred. It is Consultant's responsibility to discuss these items with its Temporary Leased Employees. 8. Consultant shall be solely liable for, and shall forever indemnify the City from, any civil liability and civil legal liability, pursuant to A61 897. City shall not share any liability with Consultant concerning any discrepancy of the hourly payments for Consultant's Temporary Leased Employees to the City. 9. Consultant shall be solely liabile for, and shall forever indemnify the City from, any unpaid payroll taxes and corresponding penalties, liability for unpaid unemployment insurance and workers' compensation premiums, and increased exposure to governmental audits, employment-related civil suits and administrative claims. 13 1 City of Costa Mesa — Robert Half I Protiviti Government Services Professional Services Agreement EXHIBIT C GSA FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST CONTRACT NUMBER GS -35F -0280X MOD 14 1 City of Costa Mesa — Robert Half I Protiviti Government Services Professional Services Agreement GSA Federal Supply Service Authorized Federal Supply Schedule Price List Contract Number: GS -35F -0280X MOD: Contract Period: March 11, 2016 — March 10, 2021 Business Size: Large On -Line access to contract ordering information, terns and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, a menu -driven database system. protivitl(o Independent Risk Consok ing AUTHORIZED INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES Protivid Government Services, Inc. GOVERNMENT SERVICES Special Item No. 132-51 Information Technology Professional Services Special Item No. 132-62 HSPD-12 Product and Service Components Note: Ali non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately. SIN 132-51 - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES FPDS Code D301 IT Facility Operation and Maintenance FPDS Code D302 IT Systems Development Services FPDS Code D306 IT Systems Analysis Services FPDS Code D307 Automated Information Systems Design and Integration Services FPDS Code D308 Programming Services FPDS Code D310 IT Backup and Security Services FPDS Code D311 IT Data Conversion Services FPDS Code D313 Computer Aided Design/Computer Aided Manufacturing (CAD/CAM) Services FPDS Code D316 IT Network Management Services FPDS Code D317 Creation/Retrievah of IT Related Automated News Services, Data Services, or Other Information Services (All other information services belong under Schedule 76) FPDS Code D399 Other Information Technology Services, Not Elsewhere Classified Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately. Note 2: Offerors and Agencies are advised that the Group 70 — Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services. Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents. SPECIAL ITEM NO. 132-62 IIISPD-12 PRODUCT AND SERVICE COMPONENTS (FPDS D399) Personal Identity Verification (PIV) Credentials and Services. This facilitates trusted physical and electronic access to government facilities and networks using smart card. technology. PIV Credentials and Services is a key enabler of identity assurance for access control and protects Federal facilities and information systems from unauthorized access, interception, and tampering. Protiviti Government Services, Inc. 1640 King Street, Suite 400 Alexandria, VA 22314 www.protiviti.com/government Contract Number: GS -35F -0280X Period Covered by Contract: March 11. 2016 through March 10, 2021 General Services Administration Federal Acquisition Service Pricelist current through Modification # , dated Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Acquisition Service's Home Page via the Internet at httn://www.fss.gsa.gov/ TABLE OF CONTENTS Section Page Information for Ordering Activities...............................................................................................................4 Terms and Conditions Applicable to Information Technology (IT) Professional Services (Special Item Number 132-51)...................................................................................11 Terms and Conditions Applicable to Authentication Products and Services (Special Item Number 132-62).................................................................................................15 Protiviti Labor Category Descriptions...........................................................................................................20 SmallBusiness Commitment.........................................................................................................................27 Blanket Purchase Agreements (BPAs)..........................................................................................................28 Contractor Team Arrangements....................................................................................................................32 GSA Pricing for SINS 132-51 and 132-62.....................................................................................................33 E INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Acquisition Service. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals. For orders exceeding the micro -purchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!TM online shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage!T" and the Federal Acquisition Service Home Page (www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns. This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women -owned small businesses among those considered when selecting pricelists for a best value determination. For orders exceeding the micro -purchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement. 1. GEOGRAPHIC SCOPE OF CONTRACT: Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories. Offerors are requested to check one of the following boxes: [ ] The Geographic Scope of Contract will be domestic and overseas delivery. [ ] The Geographic Scope of Contract will be overseas delivery only. [ X ] The Geographic Scope of Contract will be domestic delivery only. 2. CONTRACTOR'S ORDERING ADDRESS AND PAYMENT INFORMATION: Ordering Address: Contract Administrator: Protiviti Government Services, Inc, Mr. John Owen 1640 I{ing Street, Suite 400 ph: 703-299-3444 Alexandria, VA 22314 fax: 703-299-3046 Jobn.Owen@roberthal fgovernment. eom Payment Address: Authorized Negotiator: Protiviti Government Services, Inc. Mr. John DiDuro c/o Bank of America ph: 703-299-3444 14243 Collections Center Drive fax: 703-299-3046 Lockbox #14243 Johu.Diduro@protiviti.com Chicago, IL 60693 Contractors are required to accept credit cards for payments equal to or less than the micro -purchase threshold for oral or written delivery orders. Credit cards will be acceptable for payment above the micro -purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice. The following telephone number(s) can be used by ordering activities to obtain technical and/or ordering assistance: (703)299-3444 0 3. LIABILITY FOR INJURY OR DAMAGE The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor. 4. STATICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279: Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System (DUNS) Number: 15-762-8210 Block 30: Type of Contractor - C. Large Business Block 31: Woman -Owned Small Business — No Block 36: Contractor's Taxpayer Identification Number (TIN): 52-2217360 4a. CAGE Code: 1XJL6 4b. Contractor has registered with the Central Contractor Registration Database. 5. FOB DESTINATION 6. DELIVERY SCHEDULE a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below: SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO) 132-51 As negotiated between the contractor and ordering agency 132-62 As negotiated between the contractor and ordering agency b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona tide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated. delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terns and conditions of the contract. DISCOUNTS: Prices shown are NET Prices; Basic Discounts have been deducted. a. Prompt Payment: 0%, Net 30 days b. Quantity—Not offered C. Dollar Volume—Not offered d. Government Educational Institutions — No offered discount to tins class of customer e. Other — None offered 8. TRADE AGREEMENTS ACT OF 1979, as amended: All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended. 9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: 10. Small Requirements: The minimum dollar value of orders to be issued is $100. 11. MAXIMUM ORDER (All dollar amounts are exclusive of any discount for prompt payment.) a. The Maximum Order value for the following Special Item Numbers (SINS) is $500,000: Special Item Number 132-51 - Information Technology (IT) Professional Services b. The Maximum Order value for the following Special Item Numbers (SINS) is $1,000,000: Special Item Number 132-62 — HSPD-12 Product and Service Components 12. ORDERING PROCEEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS Ordering activities shall use the ordering procedures of Federal Acquisition ;Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules. a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work. b. FAR 8.405-2 Ordering procedures for services requiring a statement of work. 13. FEDERAL INFORMATION TECHNOLOGY/TELECOMiMUNICATION STANDARDS REQUIREMENTS: ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIDS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor. 13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS): Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards ,Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650. 13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED -STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Acquisition Service, Specification Section, 470 East L'Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833. 14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C -FSS -370) (NOV 2003) (a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per diem charges. (c) Certifications, Licenses and Accreditation: As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditation for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and aecreditations should be factored into the price offered under the Multiple Award Schedule program. (d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel. (t) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor's participation in such order may be restricted in accordance with FAR Part 9.5. (g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency's order. (h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency's order. (i) Government -Furnished Property: As specified by the agency's order, the Government may provide property, equipment, materials or resources as necessary. (j) Availability of Funds: Many Government agencies' operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government's obligation on orders placed tinder this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. (k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate). 15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (1) Termination for the ordering activity's convenience, and (m) Termination for Cause (See 52.212-4) 16. GSA ADVANTAGE! GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to: (1) Manufacturer; (2) Manufacturer's Part Number; and (3) Product categories. Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: Netscape). The Internet address is http://www.fss.gsa.gov/. 17. PURCHASE OF OPEN MARKET ITEMS NOTE: Open Market Items are also known as incidental items, noncontract items, non -Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(1). For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if - (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing ('Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19)); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 18. CONTRACTOR COMiMITMENTS, WARRANTIES AND REPRESENTATIONS a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract: (1) Time of delivery/installation quotations for individual orders; (2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/ service/software package submitted in response to requirements which resultin orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor. b. The above is not intended to encompass items not currently covered by the GSA Schedule contract. 19. OVERSEAS ACTIVITIES The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below: Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. 20. BLANKET PURCHASE AGREEMENTS (BPAs) The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s). 21. CONTRACTOR TEAM ARRANGEMENTS Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract. 22. INSTALLATION, DEINSTALLATION, REINSTALLATION The Davis -Bacon Act (40 U.S.C. 276x -276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a patty for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis -Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis -Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis -Bacon Act. The proper Davis -Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8. 23. SECTION 508 COMPLIANCE. If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EFT) at the following: www.protiviti.com/government The FIT standard can be found at: www.Section508.gov/. 0 24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES. Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order (a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and (b) The following statement: This order is placed under written authorization from dated . In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern. 25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the lands and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 26. SOFTWARE INTEROPERABILITY. 1.1.1.1 Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item's interface may be identified as interoperable on the basis of participation in a Government agency -sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. 27. ADVANCE PAYMENTS A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre -payment is not authorized or allowed under this contract. (31 U.S.C. 3324) 10 1. SCOPE a. The prices, terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract in accordance with this clause. b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. C. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation — May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a goodand workmanlike manner. d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 11 5. STOP -WORK ORDER (FAR 52.242-15) (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either - (1) Cancel the stop -work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop -work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if - (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment witlzin 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) If a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. 6. INSPECTION OF SERVICES The Inspection of Services—Fixed Price (AUG 1996) (Deviation — May 2003) clause at FAR 52.246-4 applies to firm -fixed price orders placed under this contract. The Inspection—Time-and-Materials and Labor -Hour (JAN 1986) (Deviation — May 2003) clause at FAR 52.246-6 applies to time -and -materials and labor -hour orders placed under this contract. 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Deviation — May 2003) Rights in Data — General, may apply. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Services. 12 9. INDEPENDENT CONTRACTOR All IT Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor" means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates" and "Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor. An "Organizational conflict of interest" exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508. 11. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for IT services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm -fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time -and -materials orders, the Payments under Time -and -Materials and Labor -Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate II – Feb 2002) (Deviation– May 2003) applies to time -and -materials orders placed under this contract. For labor -hour orders, the Payment under Time -and -Materials and Labor -Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate It – Feb 2002) (Deviation – May 2003)) applies to labor -hour orders placed under this contract. 52.216-3 1 (Feb 2007) Time-and-Materials/Labor-Hour Proposal Requirements—Connnercial Item Acquisition As prescribed in 16.601(e)(3), insert the following provision: (a) The Government contemplates award of a Time -and -Materials or Labor -Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1) The offeror; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. 13 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. 16. DESCRIPTION OF IT SERVICES AND PRICING Protiviti Government Services, Inc. Labor Category Descriptions The following chart shows the allowable substitutions of education and experience. The descriptions provided includejob duties and responsibilities, as well as typical education and work experience associated with each labor category type. The academic credentials and years of experience required at each level is also provided. Education may be substituted for experience, and conversely, experience may be substituted for education in accordance with the following guidelines: Degree Required by Years of Experience Credited or Equivalent Labor Category Doctorate Masters with 3 years of relevant experience Bachelors with 6 years relevant experience Master's Degree Bachelor's with 3 years of experience Associates with 6 years relevant experience Bachelor's Degree 5 Years of experience Associates with 3 years of experience Associate's Degree 2 years relevant experience See Page 30 for pricing. 14 AUTHENTICATION PRODUCTS AND SERVICES (MAY 2006) (CI -FSS -052) A. General Background. Authentication Products and Services provide for authentication of individuals for purposes of physical and logical access control, electronic signature, performance of E-business transactions and delivery of Government services. Authentication Products and Services consist of hardware, software components and supporting services that provide for identity assurance. Homeland Security Presidential Directive 12 (HSPD-12), "Policy for a Common Identification Standard for Federal Employees and Contractors" establishes the requirement for a mandatory Government -wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractor employees assigned to Government contracts in order to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy. Further, the Directive requires the Department of Commerce to promulgate a Federal standard for secure and reliable forms of identification within six months of the date of the Directive. As a result, the National Institute of Standards and Technology (NIST) released Federal Information Processing Standard (FIPS) 201: Personal Identity Verification of Federal Employees and Contractors on February 25, 2005, FIDS 201 requires that the digital certificates incorporated into the Personal Identity Verification (PIV) identity credentials comply with the X.509 Certificate Policy for the U.S. Federal PKI Common Policy Framework. In addition, FIPS 201 requires that Federal identity badges referred to as PIV credentials, issued to Federal employees and contractors comply with the Standard and associated NIST Special Publications 800-73, 800-76, 800-78, and 800-79. B. Special Item Numbers. The General Services Administration has established the E -Authentication Initiative (see URL: litto://cio.gov/eautlienticationl to provide common infrastructure for the authentication of the public and internal federal users for logical access to Federal E -Government applications and electronic services. To support the government -wide implementation of HSPD-12 and the Federal E -Authentication Initiative, GSA is establishing the following Special Item Numbers (SINs): • SIN 132-60: Access Certificates for Electronic Services (ACES) Program. This program provides identity management and authentication services and ACES digital certificates for use primarily by external end users to access Federal Government electronic services and transactions in accordance with the X.509 Certificate Policy for the Federal ACES Program. • SIN 132-6 1 : PKI Shared Service Providers (PKI SSP Proeram This program provides PIC services and digital certificates for use by Federal employees and contractors to the Federal Government in accordance with the X.509 Certificate Policy for the U.S. Federal PKI Common Policy Framework. • SIN 132-62: HSPD-12 Product and Service Components SIN 132-62 is established for products and services for agencies to implement the requirements of HSPD-12, FIPS-201 and associated NIST special publications. The HSPD-12 implementation components specified under this SIN are: - PIV enrollment and registration services, - PIV systems infrastructure, - PIV card management and production services, - PIV card finalization services, - Physical access control products and services, - Logical access control products and services, - PIV system integration services, and - Approved FIPS 201 -Compliant products and services. 15 C. Qualification Information. All of the products and services for the SINS listed above must be qualified as being compliant with Government - wide requirements before they will be included on a GSA Information Technology (IT) Schedule contract. The Qualification Requirements and associated evaluation procedures against the Qualification Requirements for each SIN and the specific Qualification Requirements for HSPD-12 implementation components are presented at the following LTRL: http//:www.idmanagemeiit.gov. In addition, the National Institute of Standards and Technology (NIST) has established the NIST Personal Identity Verification Program (NPIVP) to evaluate integrated circuit chip cards and products against conformance requirements contained in FIPS 201. GSA has established the FITS 20lEvaluation Program to evaluate other products needed for agency implementation of HSPD-12 requirements where normative requirements are specified in FIDS 201 and to perform card and reader interface testing for interoperability. Products that are approved as FIPS-201 compliant through these evaluation and testing programs may be offered directly through SIN 132-62 under the category "Approved TIPS 201 -Compliant Products and services. D. Qualification Requirements. Offerors proposing products and services under Special Item Numbers (SINS) 132-60, 132-61 and 132-62 are required to provide the following: I. Proposed items must be determined to be compliant with Federal requirements for that Special Item Number. Qualification Requirements and procedures for the evaluation of products and services are posted at the URL: hfp://www.idmanagement.gov. GSA will follow these procedures in qualifying offeror's products and services against the Qualification Requirements for applicable to SIN. Offerors are encouraged to submit a proposal under the Multiple Award Schedule (MAS) Information Technology (IT) solicitation at the same time they submits products and services to be qualified. Award for SINsl32-60, 132-61 and 132-62 will be dependent upon receipt of official documentation from the Acquisition Program Management Office (APMO) listed below verifying satisfactory qualification against the Qualification Requirements of the proposed SIN(s). 2. After award, Contractor agrees that certified products and services will not be offered under any other SIN on any GSA Multiple Award Schedule. 3. a. If the Contractor changes the products or services previously qualified, GSA may require the contractor to resubmit the products or services for re -qualification. b. If the Federal Government changes the qualification requirements or standards, Contractor must resubmit the products and services for re -qualification. E. Demonstrating Conformance. The Federal Government has established Qualification Requirements for demonstrating conformance with the Standards. The following websites provide additional information regarding the evaluation and qualification processes: 1. for Access Certificates for Electronic Services (ACES) and PKI Shared Service Provider (SSP) Qualification Requirements and evaluation procedures: http://www.idmanaeement.gov; 2. for HSPD-12 Product and Service Components Qualification Requirements and evaluation procedures: tittl2://www.-Ldnianageiiient.gov; 3. for TIPS 201 compliant products and services qualification and approval procedures: littp://www.csre.rist.goy/piv-proiect/ and http://www.smart.eov . F. Acquisition Program Management Office (APMO). GSA has established the APMO to provide centralized technical oversight and management regarding the qualification process to industry partners and Federal agencies. Contact the following APMO for information on the E -Authentication Qualification process. 1. The Acquisition Program Management Office point -of -contact for Access Certificates for Electronic Services (ACES — SIN 132-60) and PKI Shared Service Providers (PKI SSP — SIN 132-61) is: Stephen P. Duncan Program Manager E -Authentication Program Management Office 2011 Crystal Drive, Suite 911 Arlington, VA 22202 stel)hcn.duncan@gsa.gov gsa.eov 703.872.8537 2. The Acquisition Program Management Office point -of -contact for HSPD-12 Product and Service Components is: Mike Brooks Director, Center for Smartcard Solutions Office of Center for Smartcard Solutions 1800 F Street, N.W., Room 5010 Washington, D.C. 20405 202.501.2765 (telephone) 202.208.3133 (fax) 1. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering authentication products and services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terns and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation— May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. C. When placing an order, ordering activities may deal directly with the contractor or ordering activities may send the requirement to the Program Management Office to received assisted services for a fee. 2. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor andthe ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of the Services under SINS 132-60, 132-61 and 132-62 must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. OVA 3. STOP -WORT{ ORDER (FAR 52.242-15) (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either - (1) Cancel the stop -work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop -work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if - (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claire submitted at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) If a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. 4. INSPECTION OF SERVICES The Inspection of Services—Fixed Price (AUG 1996) (Deviation — May 2003) clause at FAR 52.246-4 applies to Erin -fixed price orders placed under this contract. The Inspection—Time-and-Materials and Labor -Hour (JAN 1986) (Deviation— May 2003) clause at FAR 52.246-6 applies to time -and -materials and labor -hour orders placed under this contract. 5. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite services. 6. INDEPENDENT CONTRACTOR All services performed by the Contractor under the terms of this contract shall be an independent Contractor, and not as an agent or employee of the ordering activity. 7. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor" means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates" and "Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor. M An "Organizational conflict of interest" exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508. 8. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for products and/or services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 9. PAYMENTS For firm -fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time -and -materials orders, the Payments under Time -and -Materials and Labor -Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate II — Feb 2002) (Deviation — May 2003) applies to time -and -materials orders placed under this contract. For labor -hour orders, the Payment under Time -and -Materials and Labor -Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate II — Feb 2002) (Deviation— May 2003)) applies to labor -hour orders placed under this contract. 10. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 11. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 12. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. 13. DESCRIPTION OF AUTHENTICATION PRODUCTS, SERVICES AND PRICING Protiviti Government Services, Inc. proposes the above mentioned labor categories and accompanying pricing for its services under SIN 132-62. Protiviti Labor Catevorv,Deserintions for SIN 132-51 and 62 No. Labor Category Description Minimum/General Experience: 8 years of professional work experience that provides the required knowledge, skills and training. 4 years experience in management of program/projects similar in scope and requirements to current program. 001 Program Manager Functional Responsibility: Program or concurrent project planning and directing business, technical, and personnel management for a diverse group of functional activities which may include technology improvement, engineering studies, computer applications, systems development and system installation, test and deployment. Minimum Education: Bachelor's degree in a relevant field of study orequivalent. 19 No. Labor Category Description Minimum/General Experience: 6 years of professional work experience that provides the required knowledge, skills and training. 2 years experience in management of projects/tasks similar in scope and requirements to current project or program. 002 Project ager Functional Responsibility: Project planning and directing business, technical, and personnel management for a diverse group of functional activities which may include technology improvement, engineering studies, computer applications, systems development and system installation, test and deployment. Minimum Education: Bachelor's degree in a relevant field of study or ecluivalent. Minimum/General Experience: 4 years experience, of which at least 2 years be specialized experience involving the analysis and design of business applications. Functional Responsibility: Provides technical and administrative direction for personnel performing Configuration Management and software development tasks, including the Configuration review of work products for correctness, adherence to the design concept and to user Management / standards, verification and validation, review of program documentation to assure 003 Quality Assurance government standards/requirements are adhered to, and for progress in accordance with Manager schedules. Coordinates with the Program / Project Manager to ensure problem solution and user satisfaction. Makes recommendations, if needed, for approval of major systems installations. Prepares milestone status reports and deliveries/presentations on the system concept to colleagues, subordinates, and end user representatives. Minimum Education: A Bachelor's degree in Computer Science, Information Systems, En ineerin , Business, or other related scientific or technical discipline. Minimum/General Experience: 4 years experience in a relevant discipline or associated operational experience. Demonstrated industry or academic expertise br one or more of the above disciplines or associated operational areas. Has knowledge of applicable technical areas and/or associated systems, architecture, their operation, capabilities, reporting mechanisms, or planned improvements. 004 Subject Matter Functional Responsibility: Responsible for participating in research or development Expert I within a specified technical or operational area to include requirements definition, specification, detailed design, design review, documentation, testing and deployment support. Minimum Education: Bachelor's degree in a relevant field of study or equivalent. The educational degree may be replaced with a certificate from a vendor supported program. Minimum/General Experience: 6 years experience in a relevant discipline or associated operational experience. Demonstrated industry or academic expertise in one or more of the subject disciplines or associated operational areas. Has extensive knowledge of applicable technical areas and/or associated systems, architecture, their operation, capabilities, reporting mechanisms, or planned improvements. 005 Subject Matter Functional Responsibility: Responsible for leading research or development within a Expert It specified technical or operational area to include requirements definition, specification, detailed design, design review, documentation, testing and deployment support. Subject Matter Expert II may lead a team. Minimum Education: Bachelor's degree in a relevant field of study or equivalent. The educational degree maybe replaced with a certificate from a vendor supported program. 20 No. Labor Description Category Minimum/General Ex ern ience: 8 years experience in a relevant discipline or associated operational experience. Demonstrated industry or academic expertise in one or more of the subject disciplines or associated operational areas. Has extensive knowledge of applicable technical areas and/or associated systems, architecture, their operation, capabilities, reporting mechanisms, or planned improvements. Subject Matter Functional Responsibilitv: Responsible for leading research or development within a 006 Expert III specified technical or operational area to include requirements definition, specification, detailed design, design review, documentation, testing and deployment support. A Subject Matter Expert III may work independently and may lead a team in a supervisory capacity. Minimum Education: Bachelor's degree in a relevant field of study or equivalent. The educational degree may be replaced with a certificate from a vendor supported program. Minimum/General Experience: 4 years of relevant experience. Functional Responsibility: Recognized for strong expertise in industry issues and trends. Utilize functional area expertise gained through direct industry experience to assess the operational and functional baseline of an organization and its organizational components. Examples of the functional areas would include Information Technology, Human Resources, Finance, Supply, Service, etc. Work with senior managers and executives to provide industry vision and strategic direction with regard to their 007 Consultant I enterprise. Guide the determination of IT inadequacies and/or deficiencies that affect the functional area's ability to support/meet organizational goals. Generate functional area strategies for enhanced IT operations in a cross -functional area mode throughout the organization. Participate in account strategy sessions, strategic assessments and design reviews to validate enterprise approach and associated work products, such as ERP implementations. May provide guidance and direction to other professionals or act in a consulting and/or advisory capacity; coordinates resolution of complex problems and tasks, possesses ability to meet and operate under deadlines. Minimum Education: Bachelor's degree in a relevant field of study or equivalent. Minimum/General Experience: 6 years of relevant experience.Functional Responsibility: Recognized for strong expertise in industry issues and trends. Utilize functional area expertise gained through direct industry experience to assess the operational and functional baseline of an organization and its organizational components. Examples of the functional areas would include Information Technology, IIuman Resources, Finance, Supply, Service, etc. Work with senior managers and executives to provide industry vision and strategic direction with regardto their enterprise. Guide the determination of IT inadequacies and/or deficiencies that affect 008 Consultant It the functional area's ability to support/meet organizational goals. Generate functional area strategies for enhanced IT operations in a cross -functional area mode throughout the organization. Participate in account strategy sessions, strategic assessments and design reviews to validate enterprise approach and associated work products, such as ERP implementations. May provide guidance and direction to other professionals or act in a consulting and/or advisory capacity; coordinates resolution of complex problems and tasks, possesses ability to meet and operate under deadlines. The Consultant H may lead a team. Minimum Education: Bachelor's degree in a relevant field of study or equivalent. Minimum/General Experience: At least 2 years of experience in technical work. Computer Experience in one or more of the following technical areas: H/W integration, S/W 009 Specialist I integration, training, Configuration Management or testing. Functional Responsibility: Performs technical assignments under general supervision. Minimum Education: Associate's degree in a relevant field of study or equivalent. 21 No. Labor Description Category Minimum/General Experience: At least 6 years of experience in technical work. In- depth experience in one or more of the following technical areas: Development of system HAV and S/W Specifications, network design, security analysis, system 011 Computer administration set-up, specialized information technologies training, tactical Specialist H communications integration, security accreditation, and testing. Functional Responsibility: Performs complex technical assignments, may be designated as team leader. Minimum Education: Bachelor's degree in a relevant field of study or equivalent. Minimum/General Experience: Training in a relevant discipline or associated operational experience. Functional Responsibility: Participates in specific aspects of system implementation Software / under the direction of senior technical personnel including development and 012 Network Engineer implementation of specifications, designs, integration, testing, or documentation. May I include performing installation, troubleshooting, and support of network hardware, software and applications. Minimum Education: Associate's degree in a relevant field of study such as engineering, physics, computer science, or operations research, or 2 years of experience in a relevant field. Minimum/General Experience: 4 years experience in a relevant discipline or associated operational experience. 2 years directly applicable experience in development, operations, testing, integration, or fielding of systems. Functional Responsibility: Participates in or leads specific aspects of system Software / implementation including development and implementation of specifications, designs, 013 Network Engineer integration, testing, or documentation. Participates or leads development of risk II management and mitigation strategy. May include performing or leading installation, troubleshooting, and support of network hardware, software and applications. The Software/Network Engineer H may lead a team. Minimum Education: Bachelor's degree in a relevant field of study such as engineering, physics, computer science, information systems and operations research or equivalent. Has obtained or is currently working on professional certification. Minimum/General Experience: 6 years experience in a relevant discipline or associated operational experience. 2 years directly applicable experience in development, operations, testing, integration, or fielding of systems. Functional Responsibility: Participates in or leads specific aspects of system implementation including development and implementation of specifications, designs, Software / integration, testing, or documentation. Participates or leads development of risk 014 Network Engineer management and mitigation strategy. May include performing or leading installation, III troubleshooting, and support of network hardware, software and applications. The Software/Network Engineer III can work independently and may lead a team in a supervisory capacity. Minimum Education: Bachelor's degree in a relevant field of study such as engineering, physics, computer science, information systems and operations research or equivalent. Has obtained or is currently working on professional certification. PA No. Labor Category Description Minimum/General Experience: Training in a relevant discipline or associated operational experience. Functional Responsibility: Performs system -wide analysis, primarily with respect to computer function allocations. Performs system -wide analysis, primarily with respect 015 Systems Analyst I to software development and implementation, hardware and network deployment and reliability, maintainability and availability. Minimum Education: Associate's degree in a relevant field of study such as engineering, physics, computer science, or operations research, or 2 years of experience in a relevant field. Minimum/General Experience: 2 years directly relevant experience. Functional Responsibility: Performs system -wide analysis, primarily with respect to Systems Analyst computer function allocations. Performs system -wide analysis, primarily with respect 016 II to software development, hardware development and reliability, maintainability and availability. Systems Analyst II may lead a team. Minimum Education: Bachelor's degree in a relevant field of study such as Computer Science/Management Information Systems or equivalent. Minimum/General Experience: 4 years directly relevant experience. Functional Responsibility: Performs system -wide analysis, with respect to computer Systems Analyst functions allocations, software development, hardware development and reliability, 017 III maintainability and availability. May direct and evaluate work of other lower level analysts. Minimum Education: Bachelor's degree in a relevant field of study such as Computer Science/Management Information Systems orequivalent. Minimum/General Experience: 6 years directly relevant experience. Functional Responsibility: Performs system -wide analysis, with respect to computer Systems Analyst functions allocations, software development, hardware development and reliability, 018 IV maintainability and availability. Directs and evaluates work of other lower level analysts. May work independently and may lead a team in a supervisory capacity. Minimum Education: Bachelor's degree in a relevant field of study such as Computer Science/Managern t Information Systems orequivalent. Minimum/General Experience: 2 years experience, of which at least 1 year must be specialized experience in administrating computer systems. General experience includes operations experience on a large-scale computer system or a multi -server local area network. 01.9 Systems Functional Responsibility: Performs the daily activities of configuration and operation Administrator I of business systems which may be mainframe, mini, or client/server based. Optimizes system operation and resource utilization, and perforins system capacity analysis and planning. Provides assistance to users in accessing and using business and IT systems. Minimum Education: Associate's degree in Computer Science, Information Systems, Engineering, Business, or other related scientific or technical discipline. Minimum/General Experience: 4 years experience, of which at least 2 years must be specialized experience in administrating computer systems. General experience includes operations experience on a large-scale computer system or a multi -server local area network. Systems Functional Responsibility: Supervises the daily activities of configuration and operation 020 Administrator H of business systems which may be mainframe, mini, or client/server based. Optimizes system operation and resource utilization, and performs system capacity analysis and planning. Provides assistance to users in accessing and using business and FP systems. May lead a team. Minimum Education: Bachelor's degree in Computer Science, Information Systems, En ineerung, Business, or other related scientific or technical discipline. 23 No. Labor Category Description Minimum/General Experience: 6 years experience, of which at least 3 years must be specialized experience in administrating computer systems. General experience includes operations experience on a large-scale computer system or a multi -server local area network. Systems Functional Responsibility: Supervises the daily activities of configuration and operation 021 Administrator III of business systems which may be mainframe, mini, or client/server based. Optimizes system operation and resource utilization, and performs system capacity analysis and planning. Provides assistance to users in accessing and using business and IT systems. May lead a team in a supervisory capacity. Minimum Education: Bachelor's degree in Computer Science, Information Systems, En ineering, Business, or other related scientific or technical discipline. Minimum/General Experience: This position requires a minimum of 4 years experience, of which at least 2 years must be specialized experience in defining computer security requirements for high level applications, evaluation of approved security product capabilities, and developing solutions computer security problems. Computer Functional Responsibility: Analyzes and defines security requirements. Designs, 022 Security Specialist develops, engineers, and implements solutions to computer security requirements. I Gathers and organizes technical information about an organization's mission goals and needs, existing security products, and ongoing programs in the computer security arena. Perfonns risk analyses which also includes risk assessment. Minimum Education: Bachelor's degree in Electrical Engineering, Information Science, Information Systems, Computer Science, Physics, Math, or other related scientific or technical discipline. Minimum/General Experience: This position requires a minimum of 6 years experience, of which at least 4 years must be specialized experience in defining computer security requirements for high level applications, evaluation of approved security product capabilities, and developing solutions computer security problems. Computer Functional Responsibility: Analyzes and defines security requirements. Designs, 023 Security Specialist develops, engineers, and implements solutions to computer security requirements. II Gathers and organizes technical information about an organization's mission goals and needs, existing security products, and ongoing programs in the computer security arena. Performs risk analyses which also includes risk assessment. May lead a team. Minimum Education: Bachelor's degree in Electrical Engineering, Information Science, Information Systems, Computer Science, Physics, Math, or other related scientific or technical disci fine. Minimum/General Experience: This position requires a minimum of 8 years experience, of which at least 6 years must be specialized experience in defining computer security requirements for high level applications, evaluation of approved security product capabilities and resolution of computer security problems. Functional Responsibility: Analyzes and defines security requirements. Designs, Computer develops, engineers, and implements solutions computer security requirements. Gathers 024 Security Specialist and organizes technical information about an organization's mission goals and needs, III existing security products, and ongoing programs in the computer security arena. Performs risk analyses which also includes risk assessment. Provides daily supervision and direction to staff. Minimum Education: Bachelor's degree in Electrical Engineering, Information Science, Information Systems, Computer Science, Physics, Math, or other related scientific or technical discipline. 24 No. Labor Category Description Minimum/General Experience: 2 years of directly relevant experience.Functional 025 Technical Writer Responsibility: develops and produces technical documents. Proficient in writing and editing technical documents.Minimum Education: Associates degree in a relevant field of study or equivalent. Minimum/General Ex erience: Training in a relevant discipline or associated operational experience. Experience in administrative work and extensive experience with office products such as Microsoft Office. Individual utilizes office tools in the Clerical/Off ce daily administration of a project with little supervision and is an individual that can be 026 Automation relied upon to execute administrative tasks to satisfy company and government Specialist I procedures. Functional Responsibility: Applies knowledge of procedures and work routines to the performance of routine documentation, data entry, or administrative tasks. Minimum Education: High school graduate or GED Minimum/General Experience: 2 or more year of experience in corporate and government procedures. Experience in administrative work and extensive experience with office products such as Microsoft Office. Individual utilizes office tools in the Clerical/Office daily administration of a project with little supervision and is an individual that can be 027 Automation relied upon to execute administrative tasks to satisfy company and government Specialist 11 procedures. Functional Responsibilitv:Applies knowledge of procedures and work routines to the performance of routine documentation, data entry, or administrative tasks. May perform more complex tasks. Minimum Education- High school raduate or GED Minimum/General Experience: 4 or more years of experience in corporate and government procedures. Experience in administrative work and extensive experience with office products such as Microsoft Office. Individual utilizes office tools in the Clerical/Office daily administration of a project with little supervision and is an individual that can be 028 Automation relied upon to execute administrative tasks to satisfy company and government Specialist III procedures. Functional Responsibilitv: Applies knowledge of procedures and work routines to the performance of routine documentation, data entry, or administrative tasks. May lead a team. Minimum Education: High school graduate or GED Minimum/General Experience: 6 or more years of experience in corporate and government procedures. Experience in administrative work and extensive experience with office products such as Microsoft Office. Individual utilizes office tools in the Clerical/Office daily administration of a project with little supervision and is an individual that can be 029 Automation relied upon to execute administrative tasks to satisfy company and government Specialist IV procedures. Functional Responsibility: Applies knowledge of procedures and work routines to the performance of routine documentation, data entry, or administrative tasks. May lead a team in a supervisory capacity. Minimum Education: High school graduate or GED Minimum/General Ex erience: 4 years of general experience and 2 or more years of specialized experience. Functional Responsibility: Provides support to end users on a variety of issues. 031 Help Desk Identifies, researches, and resolves technical problems. Responds to telephone calls, Supervisor email and personnel requests for technical support. Tracks and monitors the problem to insure a timely resolution. Has knowledge of commonly -used concepts, practices, and. procedures within a particular field. Relies on instructions and pre -established uidelines to perform the functions of the job. Works under immediate supervision. 25 No. Labor Description Category Provides daily supervision and technical direction to a small team. Minimum Education: Associates Degree or Formal Accreditation (e.g., CNA, CNE, MCP, MCSE, etc.) Minimum/General Ex erp ience: Training in a relevant discipline or associated operational experience. 033 Data Entry Clerk I Functional Responsibility: Operates a data entry device to record or verify a variety of standard and/or complex coded or uncoated business and statistical source data into a computer. Performs a variety of tasks. Works under general supervision. Minimum Education: High School Graduate or GED. Minimum/General Experience: Training in a relevant discipline or associated operational experience. Data Entry Clerk Functional Responsibility: Operates a data entry device to record or verify a variety of 034 It standard and/or complex coded or uncoded business and statistical source data into a computer. Performs a variety of tasks. Works under general supervision. May lead a team. Minimum Education: High School Graduate or GED. 26 Fi7M¢� (Name of Company) provides commercial products and services to ordering activities. We are committed to promoting participation of small, small disadvantaged and women -owned small businesses in our contracts. We pledge to provide opportunities to the small business community through reselling opportunities, mentor-protdg€ programs, joint ventures, teaming arrangements, and subcontracting. COMMITMENT To actively seek and partner with small businesses. To identify, qualify, mentor and develop small, small disadvantaged and women -owned small businesses by purchasing from these businesses whenever practical. To develop and promote company policy initiatives that demonstrate our support for awarding contracts and subcontracts to small business concerns. To undertake significant efforts to determine the potential of small, small disadvantaged and women -owned small business to supply products and services to our company. To insure procurement opportunities are designed to permit the maximum possible participation of small, small disadvantaged, and women -owned small businesses. To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement conferences, etc., to identify and increase small businesses with whom to partner. To publicize in our marketing publications our interest in meeting small businesses that may be interested in subcontracting opportunities. We signify our commitment to work in partnership with small, small disadvantaged and women -owned small businesses to promote and increase their participation in ordering activity contracts. To accelerate potential opportunities please contact John Owen, (703) 299-3444, john.owen@roberthalfgovernment.com. 27 BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE (Insert Customer Name) In the spirit of the Federal Acquisition Streamlining Act (ordering activity) and (Contractor) enter into a cooperative agreement to further reduce the administrative costs of acquiring commercial items from the General Services Administration (GSA) Federal Supply Schedule Contract(s) Federal Supply Schedule contract BPAs eliminate contracting and open market costs such as: search for sources; the development of technical documents, solicitations and the evaluation of offers. Teaming Arrangements are permitted with Federal Supply Schedule Contractors in accordance with Federal Acquisition Regulation (FAR) 9.6. This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive, individual purchases from the schedule contract. The end result is to create a purchasing mechanism for the ordering activity that works better and costs less. Signatures Ordering Activity Date Contractor Date M BPA NUMBER (CUSTOMER NAME) BLANKET PURCHASE AGREEMENT Pursuant to GSA Federal Supply Schedule Contract Number(s) , Blanket Purchase Agreements, the Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH (ordering activity): (1) The following contract items can be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of the contract, except as noted below: MODEL NUMBER/PART NUMBER *SPECIAL BPA DISCOUNT/PRICE (2) Delivery: DESTINATION DELIVERY SCHEDULES / DATES (3) The ordering activity estimates, but does not guarantee, that the volume of purchases through this agreement will be (4) This BPA does not obligate any funds. (5) This BPA expires on or at the end of the contract period, whichever is earlier (6) The following office(s) is hereby authorized to place orders under this BPA: OFFICE POINT OF CONTACT (7) Orders will be placed against this BPA via Electronic Data Interchange (EDI), FAX, or paper. (8) Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum: (a) Name of Contractor; (b) Contract Number; (c) BPA Number; (d) Model Number or National Stock Number (NSN); (e) Purchase Order Number; (f) Date of Purchase; 29 (g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and (h) Date of Shipment. (9) The requirements of a proper invoice are specified in the Federal Supply Schedule contract. Invoices will be submitted to the address specified within the purchase order transmission issued against this BPA. (10) The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence. :k:k:k:k:k:k#*:k:k:k�:k k* h * * *e:k:k:kW �+k:k* F:k:k:k* *:kk:k� � i:kW **:k��:k��F * �*:k#�:k�:k* �#:k�:k• �* k � i *:k �:k:k* *#:k:k:k�:k�:k:k�:k %M BASIC GUIDELINES FOR USING "CONTRACTOR TEAM ARRANGEMENTS" Federal Supply Schedule Contractors may use "Contractor Team Arrangements" (see FAR 9.6) to provide solutions when responding to a ordering activity requirements. These Team Arrangements can be included under a Blanket Purchase Agreement (BPA). BPAs are permitted under all Federal Supply Schedule contracts. Orders under a Team Arrangement are subject to terms and conditions or the Federal Supply Schedule Contract. Participation in a Team Arrangement is limited to Federal Supply Schedule Contractors. Customers should refer to FAR 9.6 for specific details on Team Arrangements. Here is a general outline on how it works: • The customer identifies their requirements. • Federal Supply Schedule Contractors may individually meet the customers needs, or - • Federal Supply Schedule Contractors may individually submit a Schedules "Team Solution" to meet the customer's requirement. • Customers make a best value selection. 30 GSA Pricing for SINS 132-51 and 132-62 001 Pro ram Mana er $207.86 $211.8C $215.83 219.93 224.11 002 -Project Ma Hager _ $203.57 $207.43 $211.37 $215.39 $219.48 003 Configuration Management/ quality $194.13 $197.82 $201.58 $205.41 $209.31 Assurance Mana er 004 Subject Matter Expert I $193.97 $197.65 $201.41 $205.23 $209.13 005 Subect Matter Ex ert II $251.66 $256.44 $261.32 $266.28 $271.34 006 Subject Matter Expert III $366.83 $373.80 $380.90 $388.14 $395.51 007 Consultant I $105.80 $107.81 $109.86 $111.95 $114.08 008 Consultant II $130.42 $132.90 $135.42 $138.00 $140.62 009 Com uter Specialist I $125.50 $127.88 $130.31 $132.79 $135.31 -011 Com puter,Speoalist II $256 29 $261.16 $266.12 $271.18 $276.33 012,Software (_Network Engineer I $129.84 $132.31 $134 82 $137.38 $139.99 013 Software /,Network Engineer II __ $173 46 $176 76 $180 12 $183 54 $187 03 014 Software/ Net work_ Engineer III_ $22316 $227.40 $23172 $23612 $24061 015 Systems,Analyst I $110 95 $113.06 $115.20 $117.39 $119 62 016 Systems Analyst II _--_-- $102.90 $104.85- .8 $1065 $108 88 _ $110 94 j 017 S stems Anal st III _Y Y $147.17 $149.97 $152 82 - $155.72 $158.68 I SystemsAnalyst IV $178 59 $181.98 $185.44 $188.96 $192.55 1 019 S stems Administrator I Y $136 11 $138.69 $141 33 $144 01 $146 75 020 S stems Administrator II .... Y __ ,_...-... $197.53 $201.29 $205.11 $209.01 $212 98 -_ ._. 021 Systems Administrator III ..-........ _._ - $219.75 _.. _.... ------ _ $223.92 __... _....... $228.18 ......__ .-._ $232.51 _. . _ $236 93 022--Computer.Security Specialist I $125.18 $127.56 $129.99 $132.46 $134 97 023 Computer Security Specialist II $192.51 $196.17 $199.89 $203.69 $207 56 i -024 Computer Security Specialist III $210 23 $214 22 $218 29 22 $2 44 $226.67 - 025 Technical Writer $118.47 $120.72 $123.01 $125.35 $127.73 026 Clerical / Office Automation Assistant I $47.66 $48.56 $49.49 $50.43 $51.39 027 Clerical / Office Automation Assistant II $58.54 $59.65 $60.79 $61.94 $63.12 028 Clerical /Office Automation Assistant $67.24 $68 52 $69 82 $71 15 I 029 Clerical /Office Automation Assistant _.. $79.94 $81.46 ..., $83 OS . _..- $84.59 IV_......_._.. .. 031 Help -Desk Supervisor $95.96 ._.._ $97.78 _...._.__.� $99.64 $101.53 $103.46 _0.33,.Data_Entry_Clerk I ** $43.57 $44.40 24 $45$46.10 $46 10 $46.98 1 034 Data Entry Clerk II _ _ 1 $51.97 - $52.96 .�_ $53.96 ..... __ _ .._...... $54.99 $56.03 ** Non-professional labor categories (all Clerical / Office Automation Assistants and Data Entry Clerks) must be incidental to and used solely to professional services, and cannot be purchased separately. 31 001 Program Manager $149.96 $152.81 $155.71 $158.67 $161.68 1 002 Project Mana er $146.87 $149.66 $152.50 $155.40 $158.35 003 Configuration Management / Quality $140.06 $142.72 $145.43 $148.20 $151.01 .Assurance Ma er ._.... --___na _ .__..._..... .._..._.._, 004 Sub ect_Matter Ex ert I $157.59 $160.58 . _. $163.63 ._.-_ ,__... $166.74 _.. $169.91 005_Bubnect Matter Expert I,I_ 8-6- $221.86 $226.07 $230.37 ._ $234.74 _...... ................J $239 20 1 006,Sublect Matter Expert III _ $287.67 ..-.... .... ... $293.14 ... ........._. _. .___.. $298.71 $304.38 007 Consultant I $90 15 $91.86 $93 61 $95 39 .....310.17 ,' $97 20 008 Consultant II $94 09 $95.88 $97 70 $99 56 $101 45 009 .._ .. ._..... _.. Computer Specialist I ._.. ... $90.54 $92.26 $94.01 $95.80 $97 62 011_Computer Specialist II ,,,,. $25656 2� $261.16 $26612 $27118 $276 33 012 Software /Network Engineer I $93.68 $95.46 $97.27 $99.12 $101 00 013 Software / Network Engineer II $125 14 $127.52 $129 94 $132 41 $134 93 j 014 Software /,Network EngineerIII $223.16 $227.40 $231.72 $236.12 $240.61 015.Systems Analyst I_ $80 OS $81.57 $83 12 $84 70 $86-3-1 016 ....... Systems Analyst II� _._...._ ....._ $74.23 ..__ $75.64 $77.08 $78.55 $80.04 j 017 S stems Anal st III Y. ___Y . ... ..... - $106 18 $108.20 $110 25 $112.35 $Y14.48 ._018 Systems Analyst IV_ $178.59 $181.98 $185.44 $188.96 $192.55 019_ S�stems,Administrator I $98 20 $100.07 $101 97 $103.91 $105.88 _020_Systems Administrator II $181.77 I $185.22 $188.74 $192.33 $195.98 021 Systems Administrator III $219.75 $223.92 $228.18 $232.51$236.93 022 Com uter Security Specialist I $90.32 $92.04 $93.79 $95.57 $97 39� 023 Commuter Security S ecialist II $138.89 $141.53 $144.22 $146.96 $149.75 024 Cmuter Securit Specialist III $151.67 $154.55 $157.49 $160.48 $163.53 025 Technical Writer $118.47 $120.72 $123.01 $125.35 $127.73 1 026 Clerical / Office Automation Assistant I $36.12 $36.81 $37.51 _ $38.22 $38.95 ** 027 Clerical /Office Automation Assistant II $50.41 $51.37 $52.34 $53.34 $54.35 j 028 Clerical / Office Automation Assistant III $51.08 $52.05 $53.04 $54.05 $55.08 029 Clerical /Office Automation Assistant IV $56.61 $57.68 $58.78 $59.89 $61.03 HeIR Desk Su ervisor $69.23 $70.55 $71.89 $73.25 $74. 4 _031 033 Data Entry Clerk I ** $31.44 $32.03 $32.64 $33.26 $33.89 034 Data Entry Clerk II $51.97 $52.96 $53.96 $54.99 $56.03 ** Non-professional labor categories (all Clerical / Office Automation Assistants and Data Entry Clerks) must be incidental to and used solely to professional services, and cannot be purchased separately. 32 EXHIBIT D CERTIFICATES OF INSURANCE 15 1 City of Costa Mesa — Robert Half I Protiviti Government Services Professional Services Agreement EXHIBIT E CITY COUNCIL POLICY 100-5 SUBJECT POLICY EFFECTIVE DATE DRUG-FREE WORKPLACE 100-5 8-8-89 :AGE]NUMBER BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; 16 1 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 u. csraonsning a Drug -Free Awareness Nrogram to inform employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 17 1 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. 18 1 City of Costa Mesa - Robert Half I Protiviti Government Services Professional Services Agreement