File #: 13-0456    Name: Gartner
Type: General Agenda Item Status: Passed
File created: 5/6/2013 In control: Board of Supervisors
On agenda: 6/11/2013 Final action: 6/11/2013
Title: a. Approve and authorize the Contracts/Purchasing Officer to execute an Enrollment Confirmation with County of Ventura for their existing Master Contract with Gartner, Inc. on an as-needed basis for the period of May 1, 2013 through April 30, 2014 for the provision of information technology advisory services; b. Accept non-standard liability and indemnification provisions in the Master Contract as recommended by the Director of Information Technology, c. Authorize the Contracts/Purchasing Officer to enter into up to four (4) additional one year Enrollment Confirmations under the Master Contract, provided that the terms and conditions for the Master Contract, as amended, remain the same; and d. Authorize the Contracts/Purchasing Officer to issue purchase orders pursuant to the Enrollment Confirmation(s) on an as-needed basis in an amount not to exceed $100,000 yearly.
Attachments: 1. Original Agreement_Ventura County & Gartner, Inc., 2. Exhibit 1_Contract Amendment 9 SIGNED 03012013, 3. Enrollment Form_County of Monterey & Ventura County, 4. Completed Board Order
Title
a. Approve and authorize the Contracts/Purchasing Officer to execute an Enrollment Confirmation with County of Ventura for their existing Master Contract with Gartner, Inc. on an as-needed basis for the period of May 1, 2013 through April 30, 2014 for the provision of information technology advisory services;
b. Accept non-standard liability and indemnification provisions in the Master Contract as recommended by the Director of Information Technology,
c. Authorize the Contracts/Purchasing Officer to enter into up to four (4) additional one year Enrollment Confirmations under the Master Contract, provided that the terms and conditions for the Master Contract, as amended,  remain the same; and
d. Authorize the Contracts/Purchasing Officer to issue purchase orders pursuant to the Enrollment Confirmation(s) on an as-needed basis in an amount not to exceed $100,000 yearly.
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
  1. Approve and authorize the Contracts/Purchasing Officer to execute an Enrollment Confirmation with County of Ventura for their existing Master Contract with Gartner, Inc. on an as-needed basis for the period of May 1, 2013 through April 30, 2014 for the provision of information technology advisory services;
  2. Accept non-standard liability and indemnification provisions in the Master Contract as recommended by the Director of Information Technology,
  3. Authorize the Contracts/Purchasing Officer to enter into up to four (4) additional one year Enrollment Confirmations under the Master Contract, provided that the terms and conditions for the Master Contract, as amended,  remain the same; and
  4. Authorize the Contracts/Purchasing Officer to issue purchase orders pursuant to the Enrollment Confirmation(s) on an as-needed basis in an amount not to exceed $100,000 yearly.
 
SUMMARY/DISCUSSION:
In 2003 the County of Ventura, with support from other government entities within the State of California, entered into a Master Contract with Gartner, Inc. for the provision of technology advisory services to include research, written evaluations, analysis and facilitation of accessing analysts and subject matter experts in the Information Technology (IT) industry.  The accessibility of Gartner, Inc. through the existing Master Contract between County of Ventura and Gartner, Inc. has allowed the counties throughout the State of California to utilize this resource at a reduced rate and exercise the option of acquiring information technology advisory services.  This resource is instrumental for the County of Monterey departments when considering possible IT solutions to meet the business needs.  The provision of the latest market products and opportunities, coupled with the forum for communications exchange amongst other counties and potential vendors, is very informative and will assist in the decision making process for future implementations for County departments. The current departments who may utilize this service are Water Resources, Emergency Communications, and the Health Bureau.
 
The County of Ventura and Gartner have a practice of extending the terms and conditions of the Master Contract on an annual basis, and the County of Monterey will continue to execute an annual Enrollment Confirmation if funding is available and as services are needed.  The Director of Information Technology is also requesting that the Contracts/Purchasing Officer be authorized to execute additional Enrollment Confirmations in future years, on the assumption that Ventura County and Gartner will continue this practice.  The requested authorization is limited to executing additional Enrollment Confirmations only if the Master Contract is extended.  If any terms and conditions (other than expiration) differ from those considered and approved by this action, staff will return to the Board for additional authority.
 
The County of Monterey has issued payments directly to the County of Ventura for the service category needed for each fiscal year, as well as an administrative charge in an estimated amount of 2.5% of the cost for services utilized by the County of Monterey.  Amount of $7,380 was spent for services under this process in Fiscal Year 2011-12, and an estimated total of $94,027 has been spent by the County for Gartner services under this Agreement since 2003.
 
The Master Contract between the County of Ventura and Gartner, Inc. contains non-standard liability and indemnification language which would apply to Monterey County through the enrollment process; these provisions are not approved by County Counsel and Risk Management because they shift liability to the County.  Due to the nature of the information technology advisory services provided through County of Ventura by Gartner, Inc., it is the recommendation of the Director of Information Technology that the Board approve the Enrollment Confirmation and process in place for the services.  All final decisions made for information technology implementations by the Information Technology Department (ITD) will be thoroughly reviewed prior to the acquisition and ITD will bring each agreement before the Board for approval as required.  The approval of this recommended action does not approve all future projects, but approves a venue for proper research regarding potential IT projects, solutions, and information gathering.  Last year over 17 counties utilized Gartner, Inc. technical advisory services through the County of Ventura Enrollment Confirmation option.  
 
OTHER AGENCY INVOLVEMENT:
County Counsel and Risk do not approve the non-standard insurance and indemnity language due to a shift in liability to the County.  
 
FINANCING:
The funds for payment of this service through the County of Ventura in the amount of $32,411 have been included in the FY 2013-14 Approved Budget for the Information Technology Department, ITD 1930, Unit 8137, Appropriations Unit INF002.  Transactions relating to future fiscal years will be included in each respective Recommended Budget based upon the anticipated utilization of the services.  ITD reviews the need for the services on a yearly basis, and should there be a reduction in funding, ITD may simply opt out of enrolling with the County of Ventura.  There is no requirement to enroll on a yearly basis.   
 
Prepared by: Sarah House, Management Analyst III, 755-5108
Approved by:
 
__________________________________________
Dianah Neff, Director of Information Technology
Dated:  May 10, 2013
 
Attachments:
Original Agreement Between County of Ventura  and Gartner, Inc.
Contract Amendment No. 9 to Extend Term of the Agreement
Enrollment Form