HomeMy WebLinkAboutR-2010-069 Information Systems Assessment Agreement with TROI ITRESOLUTION NO. R-2010-69
A RESOLUTION directing the City Manager or the Finance Director to execute an
agreement with TROI, LLC, doing business as TROI IT Solutions, to
assess the present infrastructure and organization of the City's Information
Systems and to provide recommendations.
WHEREAS, the position of Manager in the Information Systems Division is presently
vacant; and
WHEREAS, the vacancy creates opportunity for restructure to leverage staffing
efficiencies, to assess technology, structure and organization, and to adopt industry best
practices as appropriate; and
WHEREAS, such a review and assessment has not been conducted for a number of
years; and
WHEREAS, TROI IT Solutions has the professional experience and expertise to provide
the desired evaluation and assessment for the City, and TROI IT has indicated its willingness to
do so; and
WHEREAS, the City Council believes that it is advantageous and appropriate for the
City to consult with industry experts in the analysis, design and development of contemporary
Information Systems structure; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and/or the Finance Director are hereby authorized and directed to
execute an agreement with TROI, LLC (dba TROI IT Solutions) to review the City's current
Information Systems Division technology, structure and practices and provide relevant
recommendations based upon its analysis and findings.
ADOPTED BY THE CITY COUNCIL this 15th day of June, 2010.
ATTEST:
JCI-AGtk
City C er
Micah Cawley, Mayor
-2010-G9
TROI IT SOLUTIONS
MASTER SERVICES AGREEMENT
This Master Services Agreement ("Agreement") is entered into between City of Yakima ("Client")
and IROI, LLC (doing business as 1 ROI IT Solutions and referred to herein as ""IROI").
1ROI provides managed and related services with respect to electronic information systems. Client
desires the services of TROI as provided directly by TROI and by 1ROI's business associates. Therefore,
Client by this Agreement engages TROI to for the provision of services as described in the Statement of
Work and amendments to the Statement of Work, if any, all of which are attached to and made a part of this
Agreement (the Statement of Work together with amendments thereto are referred to collectively as the
"Statement of Work"). IROI accepts such engagement, pursuant to the provisions set forth herein.
1. Term of Agreement. The initial term of this Agreement is as set forth in the Statement of
Work and is measured from the Commencement of Service Date (indicated below Client's signature to this
Agreement), subject to renewal and termination provisions set forth herein and in the Statement of Work.
Services shall commence on the Commencement of Service Date, but all other provisions of this Agreement
shall be effective as of the Effective Date set forth at the conclusion of this Agreement. For example,
TROI's obligations to keep information confidential under Section 5 will commence on the Effective Date of
this Agreement, but TROI will not provide the services in the Statement of Wok until the Commencement of
Service Date.
2 Statement of Work. Attached to this Agreement, and by this reference made a part hereof,
is the Statement of Work. The Statement of Work more particularly sets forth and describes the services to
be provided by TROI to Client, including the responsibilities hereunder, deliverables, and the professional
fees to be charged in consideration of such services. •
3. Payment of Fees. The fees set forth in the Statement of Work shall be paid within thirty (30)
days of the invoice date. Undisputed amounts that are not paid by the due date will be assessed an additional
finance charge of 1.5% interest per month (18% per annum). Amounts in dispute will be resolved or paid
pursuant to the dispute resolution provisions in Section 8, below.
3.1 Reimbursement for Expenses. Expenses incurred by TROI, for service -related
travel and, as specified in the Statement of Work; for taxes and connection fees paid to third
parties, will be included in amounts payable in regular invoices. Mileage reimbursement will be
calculated at the IRS -approved standard per mile rate.
3.2 Taxes. All applicable federal, state, and local government taxes will be included in
the invoice when such taxes are assessed.
4. Client Content. Client is solely and exclusively responsible for any actions by Client that
result in copyright infringement or violation, violation of any laws, misappropriation of intellectual property
right, or any other violation of rights or laws arising out of Client Content. Client agrees to indemnify and
save harmless TROI from and against all losses, damages, actions or cause of action, suits, claims, demands,
penalties, interest and other costs arising in connection with or out of Client's negligent actions pertaining to
Client Content. IROI shall be solely and exclusively responsible for any actions it may take during execution
of this Agreement that result in copyright infringement or violation, violation of any laws, misappropriation
of intellectual property right, or any other violation of rights or laws arising out of Client Content. TROT
agrees to indemnify and save harmless Client from and against all losses, damages, actions or cause of action,
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suits, claims, demands, penalties, interest and other costs arising in connection with or out of TROI's
negligent actions pertaining to Client Content.
4.1 Compliance with Law. Client agrees to,use all of 1ROI's services for legal
purposes only. 1ROI agrees to comply with all applicable laws, procedures and practices required
for the execution of this Agreement.
5. Confidentiality and Intellectual Property. TROI shall not disclose to any third party or use,
except as provided herein, any confidential information related to Client's website or server plans,
specifications of the Client's website and future development, trade secrets of the Client, or information
related to use of the Client's website, such as identities, contact information and credit card information of
users and the number or identity of users: (collectively referred to as "Confidential Information"). The
provisions of this Section 5 shall survive termination of this Agreement.
5.1 Use of Confidential Information. To the extent necessary to fully execute the
terms of this Agreement 1ROI may use Confidential Information in connection with the
performance of this Agreement and the Statement of Work. 1ROl may disclose Confidential
Information to comply with laws, regulations, or orders of courts, tribunals, or other legally -
enforceable orders. If any disclosures of said Confidential Information shall be deemed necessary
by IROI, IROI shall first advise Client of said disclosure and identify specifically what
Confidential Information is to be disclosed so as to provide Client with a reasonable opportunity
to comment on such disclosure prior to any disclosure occurring.
5.2. Intellectual Property Rights. This Agreement shall not affect 1ROI's ownership of
intellectual and proprietary rights related to services provided by TROI. Similarly, this Agreement
shall not affect Client's ownership of intellectual and proprietary rights in Client Content.
6. Disclaimer. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY AND
SPECIFIC4 LI Y STATED IN THIS AGREEMENT, TROI MAKES NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND THE
STA LENIENT OF WORK OR ANY PORTION THEREOF, INCLUDING BUT IN NO WAY
LIMITED TO ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, MERCHANTABILITY,
SUITABILITY OR FITNESS FOR ANY PARTICULAR USE. 1 ROI SPECIFICALLY DISCLAIMS
AND CLIENT ACCEPTS SUCH DISCLAIMER OF ANY WARRANTY, GUARANTEE OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, BY TROI
OR ANYONE PURPORTING TO ACT ON BEHALF OF IROI.
7. Termination. This Agreement and the services to be rendered hereunder when under a term
or when assigned a flat fee and referenced so in the Statement of Work shall terminate only as provided for in
this section. This excludes Time and Material priced engagements. Time and Material engagements will be
billed as such and may be terminated at any time with written request.
7.1 Termination for Default under Statement of Work. For any default under the
Statement of Work, Client may terminate this Agreement if Client experiences a problem with
TROI's services, Client notifies 1ROI in writing of the problem, and IROI acknowledges in
writing that it cannot sufficiently resolve the problem within fifteen (15) days of receiving notice, or
if 1RO1 has not resolved the problem within 30 days of receipt of Clients' notice, whether or not
TROI responded in writing to Client's notice. For purposes of this section, the notice date shall be
the date such notice is sent as evidenced by a post -mark or other tangible evidence.
7? Termination for Breach. Except in regards to problems with services provided
described in Section 7.1, either 1ROI or Client may send written notice of the other party's default
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under any other provision of this Agreement, regardless of whether such condition is deemed
material or immaterial, and, if the default remains uncured for ten (10) days after written notice is
received, this Agreement shall terminate.
7.3 Termination upon Bankruptcy. Either party may unilaterally terminate this
agreement if either (i) any party admits in writing its inability to pay a debt, (ii) a proceeding is
instituted seeking to adjudicate a party's bankruptcy or insolvency'which is not dismissed within
thirty (30) days, (iii) a proceeding is instituted against a party to appoint a receiver, trustee, or other
similar official for it, or (iv) a party ceases to pay debts when due.
7.4 Agreement in Writing. The parties may agree to an earlier termination of this
Agreement in a written Termination Agreement signed by both parties.
8. Dispute Resolution. In the eyent of a dispute or breach of this Agreement or Statement of
Work, this Section sets forth the sole and exclusive remedies of 1ROI and Client; provided that this
Agreement may be terminated as set forth in Section 7.
8.1 Mediation: In the event that the parties are not able to satisfactorily resolve a
dispute, the parties shall endeavor to resolve claims, disputes and other matters in question between
them by mediation. A request for mediation shall be made in writing, delivered to the other party to
the Agreement, and filed with the person or entity administering the mediation. The parties shall
share the mediator's fee and any filing fees equally. The mediation shall be held in the place where
the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation may bring final resolution to the matter, if both parties so decide. If final resolution is
not reached, the parties may agree to arbitration, but only pursuant to a written agreement.
In the event that either party is unable to resolve a dispute to its. satisfaction by the means set forth in
paragraph 8.1, above or should either party elect to file a claim against the other in a court of law, all
discussions and documents prepared pursuant to the attempt to resolve a dispute under the
Mediation process in this Section 8 are confidential and for settlement purposes only and shall not be
admitted in any court or forum as an admission or otherwise against a party for any purpose
including the applicability of Federal and State court rules.
8.2 Judicial. In the event of a dispute between the TROI and Client regarding the
payment of fees or the interpretation of any provision in this Agreement (including the Statement
of Work) and such parties are unable to resolve the same themselves within a reasonable period of
time, the Parties may initiate appropriate legal action to resolve the dispute in a court of competent
jurisdiction. Either Party may seek enforcement of its injunctive and other rights arising under this
Agreement by judicial means and process through a court of competent jurisdiction. .
Notwithstanding any provision to the contrary the substantially prevailing party shall be entitled to
recover the costs of litigation, including, without limitation, reasonable attorneys' fees, costs,
expenses, audit or accounting expenses incurred iin the litigation_process.
8.3 Breach by 1 ROI, ITS SUBCONTRACTORS, AND THFIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, EMPLOYEES, AND
DESIGNEES SHALL NOT BE LIABLE FOR ANY LOSS INCURRED BY CLIENT AS ANY
SPECIAL, CONSEQUENTLAL, OR INCIDENTAL DA1\LAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF =ANTICIPATED PROFITS, LOSS OF REVENUE, LOSS OF DATA,
LOSSES ARISING FROM INTERRUPTION OF SERVICES, OR THE ACTS OF THIRD
PARTIES BEYOND THE CON 1ROL OF 1 ROI. CLIENT'S SOLE AND EXCLUSIVE
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REMEDIES SHALL BE IERMINATION OF THIS AGREEMENT AS PROVIDED IN
SECTION 7, RECOVERY OF MONITARY DAMAGES UP TO AN AMOUNT NOT TO
EXCEED THE NIAXIMUM COMPENSATION AGREED TO AND SET FORTH IN THE
STATEMENT OF WORK INCORPORATED HEREIN, AND/OR SEEKING INJUNCTIVE
RELIEF TO PREVENT THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
NOT WITHSTANDING ANY STATEMENT TO THE CON 11,ARY HEREIN, SHOULD
TROI, THROUGH ACT(S) OF GROSS NEGLIGENCE, DISCLOSE, OR ALLOW TO BE
DISCLOSED, CLIENT'S CONFIDENTIAL INFORMATION, CLIENT MAY RECOVER AN
AMOUNT UPTO THREE TIMES THE MAXIMUM COMPENSATION AGREED TO AND
SETFORTH IN THE STATEMENT OF WORK INCORPORATED HEREIN.
8.4 Breach by Client. In the event of a breach by Client, IROI shall be entitled to all
rights and remedies available in law and equity, except as otherwise limited in the Statement of
Work. In the event that TROI pursues damages and without limiting IROI's right to seek and
obtain damages, Client acknowledges that 1ROI's damages shall include amounts expended by
IROI in reliance of Client's obligations under this Agreement, including disconnect charges payable
to third parties, the cost of equipment purchases, and damages incurred by IROI as a result of
contracts with third parties.
The parties agree to toll any applicable statutes of limitations during the pendency of any of the
above dispute resolution proceedings.
9. Insurance. At all times during performance of the services identified in this Agreement
TROI as an insured party under LeMaster & Daniels, P.L.L.C., TROI's majority owner, shall secure and
maintain in effect insurance to protect the Client from and against all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Agreement. TROI, through LeMaster & Daniels,
P.L.L.C., shall provide and maintain in force insurance in limits no less than those stated below, as
applicable. The Client reserves the right to require higher limits should it deem it necessary in the best
interest of the public.
9.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, 1'ROI shall provide the Client with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy
shall name the Client„ its elected officials, officers, agents, and employees as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the
Client thirty (30) calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall
be crossed out and initialed by the insurance agent). The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
9.2 Commercial Automobile Liability Insurance.
a. If TROI owns any vehicles, before this Agreement is fully executed by the parties, TROI
shall provide the Client with a certificate of insurance as proof of commercial automobile liability
insurance and commercial umbrella liability insurance with a total minimum liability limit of Two
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Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any -Auto" and be shown on the certificate.
b. If IROI does not own any vehicles, only "Non -owned and Hired Automobile Liability"
will be required and may added to the commercial liability coverage at the same limits as required in
that section of this Agreement, which is Section 9.2(a) entitled "Commercial General Liability
Insurance".
c. Under either situation described above in Section 9.2(a) and Section 9.2(b), the required
certificate of insurance shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the Client, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the Client thirty (30) calendar days prior written
notice (any language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
9.3 Professional Liability Coverage. Before this Agreement is fully executed by the
parties, 1ROI shall provide the Client with a certificate of insurance as proof of professional liability
coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim
combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00)
aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall contain a clause that the insurer will not cancel or
change the insurance without first giving the Client thirty (30) calendar days prior written notice (any
language in the clause to the effect of "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company" shall be crossed out and initialed by the insurance agent).
The insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide. If the policy is written on a claims made basis the coverage will continue in force for an
additional two years after the completion of this Agreement.
10. Indemnification and Hold Harmless.
10.1 TROI agrees to protect, defend,'indemnify, exonerate, and hold harmless the
Client, its elected officials, agents, officers, and employees (hereinafter "parties protected") from
(1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2)
any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary
damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements)
for, arising out of, or related to any death, injury, damage or destruction to any person or any
property (including but not limited to any actual or alleged violations of civil rights) to the
extent solely or concurrently caused by, arising out of, or related to any act, action, default or
omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting
from, arising out of, or related to TROI's provision of services, work or materials pursuant to
this Agreement.
TROI further agrees that it specifically and expressly waives its immunity under
industrial insurance, Title, 51 RCW, or immunity under any other provision of law to the extent
of the obligations assumed to the parties protected hereunder.
10.2 Client agrees to protect, defend, indemnify, exonerate and hold harmless I'ROI, its
members, managers, officers and employees (hereinafter "parties protected") from (1) any and all
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claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments,
awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, Fines, costs
and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any
death, injury, damage or destruction to any person or any property (including but not limited to any
actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out
of, or related to any act, action, default or omission (whether intentional, willful, reckless, negligent,
inadvertent, or otherwise) resulting from, arising out of, or related to Client's actions pursuant to this
Agreement.
Client further agrees that it specifically and expressly waives its immunity under industrial
insurance, Title 51 RCW, or immunity under any other provision of law to the extent the obligations
assumed to the parties protected hereunder.
10.2 3. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
11. Nondiscrimination. During the performance of this Agreement, TROI shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex,
race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law.
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this Agreement.
12. Miscellaneous Provisions.
12.1 Amendment. This Agreement may
writing signed by all parties hereto.
be modified, deleted, amended, or changed only in a
12.2Only Agreement. This Agreement and the Statement of Work incorporated herein
constitutes the sole and entire agreement between the parties with respect to the subject matter
hereof. There are no oral promises, conditions, representations, understandings, interpretations or
terms of any kind as conditions or inducements to the execution hereof or in effect between the
parties.
12.3Conflicting Provisions. In the event of a conflict between a provision of this document
and the Statement of Work attached hereto, as amended, the provision in the Statement of Work
shall prevail.
12.4Governing Law and Venue. Except as otherwise provided herein, this Agreement shall
be governed by, interpreted and construed in accordance with the laws of the state of Washington.
The venue for any suit or action brought in connection with this Agreement shall be in Yakima
County, Washington.
12.5Assignments and Successors. This Agreement may not be assigned or transferred. This
Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective successors, if any.
12.6Time of the Essence. Time is of the essence with respect to the performance of all
terms, conditions and provisions of this Agreement.
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12.7Severability. In the event any provision hereof or any portion of any provision hereof
shall be deemed invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not
alter any remaining portion of any provision or any other provisions hereof, as each provision of this
Agreement shall be deemed to be severable from all other provisions hereof.
12.8No Waiver. The waiver by any party of any right granted to it hereunder shall not be
deemed to be 'a waiver of any other right granted hereunder, nor shall the same be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter previously waived.
12.9"Includes" Defined. The terms "includes", "including" or "include" as used herein shall
be interpreted as being non-exclusive and shall be read to mean, respectively, "includes without
limitation, "including, without limitation" and "include without limitation."
12.10Relationship of Parties. This Agreement is not intended and does not create any
relationship other than 1'ROI as an independent contractor performing the services subject to this
Agreement. No party is a partner for any purpose, and neither party may act as agent for the other.
No employee shall be considered an employee of the other party.
12.12Counterparts Permitted. This Agreement may be executed and delivered in several
counterparts, each of which shall be deemed an original but all of which when taken,together shall
constitute one and the same Agreement.
12.13Attorney Fees. Except as otherwise provided herein, should either party bring any
action against the other in any way related to the construction, interpretation or governance of this
Agreement or its terms, its validity, enforceability, scope, or subject matter, the substantially
prevailing party will be awarded its or their reasonable attorney fees and costs incurred for
prosecution, defense, consultation, or advice in connection with such action.
12.14 Notices.Unless stated otherwise herein, all notices and demands shall be in writing
and sent to the parties to their addresses as follows:
TO CITY:
R. A. Zais, Jr., City Manager
R.M. DeBord, Finance Director
City of Yakima
128 N. Second Street
Yakima, WA 98901
TO 1 ROI: Chris Patrick, Director of Sales
TROI IT Solutions
Bank of America Bldg.
601 West Riverside Ave., Ste.800
Spokane, Wa. 99201
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices
shall be deemed effective when mailed or hand delivered at the addresses specified above.
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This IROIT IT SOLUTIONS CONSULTING _\GREENIENT is entered into effective as of this 1'S
day- of June, 2010 ("Effective Date").
CLIENT: City of Yakima, IROI: I ROI, LLC, a Washington limited liability
a Washington Municipal Corporation company -
Name: R. A. Zais, Jr.
Its: City Manager
Commencement of Service Date:
CITY CONTRAc r NO. 020/0—�
RESOLUTION NO /D;l
Bv:
Name:
Its: 4 r e c lv, ,
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TROI
-SOLUTIONS
Statement of Work
for
City of Yakima
129 North Second St
Yakima, WA 98901
Information Systems Division Assessment
June 15, 2010
Confidential and Proprietary Information
This document contains information that is proprietary to TROI LLC. Transmittal, receipt or possession of this document does not express license,
or imply rights to use, sell, design, manufacture, or to have manufactured, any product, concept, or service from this information. No reproduction,
publication, or disclosure of this information, in whole or in part, electronic or otherwise, shall be made without prior written authorization of an
officer of TROI LLC. Authorized transfer of this document from the custody and control of TROI LLC constitutes a loan for limited purpose(s),
and this document must be returned to TROI LLC upon request, and in all events, upon completion of the purpose(s) of the loan.
Page 1/6
1:: Introduction
TROI IT Services is pleased to provide this Statement of Work confirming our project with the
City of Yakima to assist in an assessment that will include gathering data and performing a
thorough review of the following: IS network infrastructure; IS staffing; IS organization within the
IS Division and within the City of Yakima organization; user feedback of IS and IS systems; and
strategic planning with a five-year primary focus. Once the facts have been determined, they will
be documented along with any risk exposures and recommended solutions. This document
outlines our understanding of the project, along with our responsibilities, deliverables, and
professional fees.
2. Pro 'ect Name-
City
ame
City of Yakima IS Review and Assessment
3. Client Name
The primary individuals involved in this project are as follows:
Name
Title
Phone
Email
Rita DeBord
Finance Director
509-576-6771
rdebord@ci.yakima.wa.us
4. Pio'ect.Description and Goals
The objective of this engagement is to review the present IS infrastructure including hardware,
email, configuration, security controls, policies and procedures, staffing, organizational structure,
user perception and strategic planning. These items will then be compared to IT best practices and
TROI will provide recommendations for how to improve current practices where applicable. The
infrastructure will be analyzed specifically for its strength within the environment and whether the
design and/or technologies are being utilized to their fullest potential.
5. Pro'ect=Sco' e,
The TROI technology assessment includes analysis of the categories listed below. The findings
and recommendations resulting from the site visits will be documented in a report and delivered
via mail to the client. A meeting between City of Yakima leadership and TROI will be scheduled
to discuss the findings and recommendations.
Statement of Work Page 2 of 6 6/11/2010
ASSESSMENT:
• Executive Summary
• Infrastructure Components
o Physical Configuration
o Logical Configuration
o Access Rights
o Connectivity
o Remote Access
o Monitoring
o Wireless
o Firewall
o Security
o Performance
• Email
o Application Configuration
o Security
o Performance
STAFFING AND ORGANIZATION REVIEW:
• Organizational Structure Review
o Determine Organizational Structure of the IS
Division
■ review workflow
■ determine roles and responsibilities
■ review groupings and divisions of work
■ assess division 's current scope of work
■ conduct departmental interviews
o Assess Impacts of IS Division 's placement in
Organizational Structure of the City of Yakima
■ evaluate the IS department's alignment
within the city's organizational structure
■ evaluate the telecommunication division's
alignment with the IS division and within
the overall organizational structure
o Document Findings and Recommendations
Statement of Work Page 3 of 6
• Servers and PC's
o Physical Security
o Operating Systems
o User Access Rights
o File System Rights
o Virus Protection
o Web Monitoring
o Active Directory
o Name Resolution
o Network Services
o Advanced Applications
o Overall Performance
• Disaster Recovery
o Backup Infrastructure
o Backup Procedures
o Overall Business Continuity
• E-Records/E-Discovery
o Existing environmental review
o Existing process review
o Assessment recommendations
6/11/2010
• Staffing Levels, Expertise and Scope of Work
Review
o determine expertise
o compare expertise to organizational needs and
work assignments
o conduct departmental interviews
o Document Findings and Recommendations
0
o Document Findings and Recommendations
• IS Process and Procedure Review
(utilizing, in part, the results of work performed
above)
o Document Findings and Recommendations
ORGANIZATIONAL FEEDBACK:
• Develop Web -Based Questionnaire to Determine the
Following:
o Perception/Performance of IS staff
o Perception/Performance of IS equipment
o Perception/Performance of IS applications
o Perception/Performance of efficiency and
effectiveness of utilization of all IS resources
combined — staff, equipment, software
o Include elected officials in survey
STRATEGIC PLANNING:
• Executive Leadership Interview
• Strategic vs. Tactical Technology
• IS Deliverables Current and Needed
(today and over the next 5 Years)
• Unaddressed Technology Needs/Concerns
• Executive View of IS Role and Process
• IS Scalability
Pro'ect Deliverable.
TROI shall provide to client one report to include the following: (1) Executive Summary section
that shall provide an overview of the project objective, work performed, results found and
recommendations provided. The executive summary will also include reference to the best
practices and/or industry standards utilized in this assessment. The executive summary will not
Statement of Work
Page 4 of 6
6/11/2010
list every item discovered during the assessment, just those items deemed most critical by TROI
personnel. (2) Detailed documentation including specifics of work performed, results found, and
recommendations provided on the technical areas of review. The intention of the Detailed Report
is to provide the Client with the technical data and information needed to understand, properly
interpret and implement all work results, comparisons and final recommendations. A sample
assessment report has been provided to client prior to the signature of this statement of work and
client accepts this format and approach to content delivery.
7: Pro ect Schedule l
Upon the acceptance of this Statement of Work, a TROI representative will contact the City of
Yakima to schedule the appropriate visits. It is anticipated that work will commence within 30
days of execution for this agreement and that all work will be completed and deliverables
submitted to Client within four to eight weeks thereafter.
8. Pro essioncrl Fees ..
Our fees are based upon the time required by the individuals assigned to the engagement, plus
direct expenses. Travel time will not be billed. All reasonable and customary travel related
expenses paid by TROI will be reimbursed by Client without markup. Employee mileage
reimbursement will be calculated at the standard per mile rate as stated in the Master Services
Agreement. Expenses will be itemized and billed on a monthly basis along with the regular
monthly billing. Expenses will also incur the same net due and finance charge terms as regular
invoice items.
We estimate our fee to be approximately $ 39,010.00 (See Description below), plus out-of-pocket
expenses. Individual hourly rates vary according to the degree of responsibility involved and the
skill required.
TROI shall submit monthly invoices to the Client. Said invoices shall itemize all services
rendered during the preceding monthly period. The Client shall make payment to TROI within
thirty (30) calendar days of receipt of the invoice.
We will submit our final bill for these services promptly upon rendering the report. All other
provisions of this letter will survive any fee adjustment.
Description
Hours
Investment *
IT Assessment
104
$ 15,680.00
Staffing and Organization Review
82
$ 12,300.00
Organizational Feedback
32
$ 4,800.00
Strategic Planning
28
$ 6,230.00
TOTAL
246 Hours
$ 39,010.00
* (excludes applicable taxes, if any)
The total project cost shall not exceed $42,500 including travel related costs and applicable taxes,
if any without Client's prior written consent.
Statement of Work Page 5 of 6
6/11/2010
Our support fees for additional projects or scope of work, if requested, are referenced below and
are billed on a Time and Material Basis.
Description
T&M Rate Per Hour
Support Staff (Help Desk)
$ 90.00
(Primarily PC's)
System Engineering Support
$160.00
(Primarily Servers)
Infrastructure Support
$180.00
(Routers, Switches, Firewalls)
Project Management Support
$160.00
eiieral Provisions.
Independence
TROI wishes to ensure independence is maintained in all aspects of our services. As such this
statement of work and the services detailed above adhere to the "Independence" standards as
prescribed by the AICPA and government auditing standards. City of Yakima's management is
responsible for assigning knowledgeable personnel for review and assessment of the services
provided under this agreement. TROI LLC'S services will not involve the design and
implementation of systems over financial reporting or internal controls involved in processing of
financial information.
10. Pro'ect De inition A roved
This Statement of Work is made between TROI LLC at 601 W. Riverside Avenue, Suite 800,
Spokane, WA 99201 and City of Yakima at 129 North Second St, Yakima, WA 98901 as of the
date written below.
Project Name: City of Yakima IS Review and Assessment
Client:
TROI:
Signature: a
Ai
Print Name: 70-e
Title:
cow
Date:
G -aa —icy
Signature:
Print Name:
Title:
Date:
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Statement of Work Page 6 of 6
6/11/2010
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For Meeting Of: June 15, 2010
ITEM TITLE: Consideration of a Resolution Authorizing a Professional Services Agreement
with TROI IT Solutions to assist in an assessment of the Information Systems
Division.
SUBMITTED BY:
Rita DeBord, Finance Director
CONTACT PERSON/TELEPHONE: Rita DeBord — 576-6771
SUMMARY EXPLANATION:
The City of Yakima desires to enter into an agreement with TROI IT Solutions, a consulting firm
specializing in state-of-the-art Information Systems designs and practices, to assist the City in a
review and evaluation of the Information Systems. Timing for this study is opportune due to the
current vacancy in the Manager position and the fact that such a study has not been conducted
in over a decade.
The agreement calls for TROI IT Solutions, a subsidiary of LeMaster and Daniels CPA firm, to
review and assess current technology, staffing, organization, security and procedures and to
make recommendations based on best practices in the industry where applicable, to fully
realize the potential already in house and establish a readiness to meet the information systems
needs for the future. The cost of this review is not to exceed $42,500; the cost of which is
included in the Information Systems. Division's 2010 authorized budget
Resolution X Ordinance_ Contract X Other (Specify)
Funding Source
000 — General Fund
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends Council adopt the attached Resolution.
BOARD RECOMMENDATION:
COUNCIL ACTION: