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HomeMy WebLinkAboutAuburn Humane Society�1 1 2,1 Z AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement ") is made and entered into this Dj��__ r�A day of 111 2045 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington (the "City"), and the Auburn Valley Humane Society, a not - for - profit corporation in the State of Washington whose address is 4910 A Street SE, Auburn, WA 98092 (the "AVHS"). The City and the AVHS, collectively, are hereafter denoted the "Parties ". WHEREAS, the AVHS uses computer and networking systems in the Course of fulfilling its mission to provide animal sheltering, adoptions and other services in and around the City of Auburn; and WHEREAS, the City's Information Technology Department (17") is staffed with employees possessing the training, education and expertise to evaluate and inventory the AVHS's computer and networking systems; and WHEREAS, the City's IT staff is qualified to provide the services described herein, and the Parties may arrange by separate agreement for the IT staff to provide services to and for the AVHS's computer and networking systems based upon the results of the evaluation and inventory performed under this Agreement; NOW THEREFORE, the CITY and the AVHS in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF THE CITY OF AUBURN The AVHS does hereby retain the City to perform the work and services described herein. The Parties agree that the City is acting an independent contractor Aubum Valley Humane Society — City of Auburn Page 1 Agreement rr Evaluation — March 23, 2015 of Page 1 of 7 410 :'�1 and shall fumish all supervision, labor, and all other incidentals except as specifically provided herein and the City agrees to conduct and complete the performance in a competent and professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK The City agrees to perform the following specific services to and regarding the computer and networking systems used by the AVHS: A. Inventory and inspect all network equipment, including server(s), firewalls, workstations, printers, networking equipment, battery backups, video surveillance systems and network backup systems; and B_ As part of inventorying servers and workstations, review existing RAM. HDD, processor, and network adapters; and C. Inspect Server and Workstation operating systems, applications, system log files, local & network security profiles, anti -virus and/or anti- malware applications, and domain health; and D. Interview AVHS staff to develop a scope of "problem areas" and to identify potential equipment upgrades; and 3. ADDITIONAL PERFORMANCE REQUIREMENTS A. To perform the work of this Agreement, the City will designate two (2) of the City's IT staff persons to conduct a site visit on a mutually agreed -upon date and time. The City will provide a total of six (6) staff hours (3 hours per designated staff person) to conduct the site visit and to provide a list of recommendations to AVHS not later than 10 business days after completion of the site visit. Auburn Valley Humane Society - City of Auburn Agreement for tT Evaluation - March 23, 2015 Page 2 of Page 2 of 7 y+-• a / ..� _�pE1FUn'�VI.WGfw£C ! N B. The work to be performed under this Agreement shall be initiated not later than and shall be completed not later than 1 � t Z,1' 0s . Upon agreement of the Parties' representative, the timeline may be revised by up to-- ° days. C. The staff of AVHS shall provide temporary administrative access to workstations, servers and network equipment to the City's IT staff as required to allow completion of a thorough review of system health and conditions. D. If AVHS requires additional support from the City's IT staff, such as installation and integration of any new or upgraded hardware or software or ongoing network support, the provision of that work shall be subject to an additional agreement which may be negotiated after completion of the work to be provided under this Agreement. 4. COMPENSATION In consideration of the services to be performed pursuant to this Agreement, the AVHS shall provide total compensation to The CITY as a one -time charge in the amount of a total of five hundred and no1100 ($500.00), exclusive of any travel and incidental expenses incurred. 5. PAYMENT The City shall be paid by the AVHS for the completed work within 35 business days of delivery of the City's written recommendations to AVHS. Such payment shall be full compensation for all work performed and services rendered under the terms of this Agreement. 6. INDEMNIFICATION Auburn Valley Humane Soddy — City of Auburn Agreement for TT Evaluation — March 23, 2015 Page 3 of 7 Page 3 of 7 R ✓r SAL TIUN V[IV,MAf Irit•� The AVHS will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attomeys' fees in defense thereof, for injury, sickness, disability or death to persons or animals or damage to property or business, caused by or arising out of the AVHS's acts, errors or omissions in the performance of the Agreement. Provided. however, that the AVHS's obligation under this provision will not extend to injury, sickness, disability, death or damage caused by or arising out of the sole negligence of the City, its officers, officials, employees or agents. 7. TERMINATION Either of the Parties may terminate this Agreement in whole or in part whenever such a party determines, in its sole discretion, that such termination is in the best interests of the party, upon giving the other party 10 -days' written notice. In that event, the AVHS will pay the City for all costs incurred by the City in performing the Agreement up to the date of such notice, subject to the other provisions of the Agreement. 8. NOTICES Any notice required or permitted under this Agreement may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: i.4Itlrl City of Au bum .,A,)� �)r� , -JA ��00 1 Auburn Valley Humane Society — City of Auburn Agreement for ET Evaluation — March 23, 2015 Page 4 of ] Page 4 Of 7 �uuN* 'Mu Nva Auburn, WA 98001 AVHS qq io A -,4"ea SP- 64vhLV 01 Auburn, WA Gbh z, Either party may at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. 9. ADDITIONAL GENERAL_ PROVISIONS A. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default. B. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all questions with respect hereto shall be determined by the laws of the State of Washington. D. In the performance of the work herein, the Parties agree to comply with all applicable State and local laws, rules and regulations. AUBURN VALLEY DATE! 3('7A (� Auburn Valley Humane Society — City of Auburn Agreement WIT Evaluation — March 23, 2015 Page 5 of 7 Page 5 of 7 ATTEST: c _ 1A �nielle Daskam CITY OF AUBURN Nancy Sac l u ,) YOR x•25.15 DATE Auburn Valley Humane Society — G[v of Aubum Agreement for IT Evaluation — March 23, 2615 Page 6 of 7 Page 6 of 7 t riw��5� �.rrtti