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HomeMy WebLinkAbout1984-01-24; City Council; Resolution 7481* 1 2 3 4 5 6 7 I! 9 IO I1 12 1: 14 15 16 17 1& 19 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 7481 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACCEPTING THE PROPOSAL OF COMMUNICATION RESOURCES COMPANY (CRC) FOR COMMUNICATION CONSULTANT SERVICES, AUTHORIZING THE THE CITY MANAGER TO EXECUTE A CONTRACT WITH CRC, AND AUTHORIZING THE TRANSFER OF FUNDS. WHEREAS, the City did solicit proposals from three Eommunication consultants; and WHEREAS, after significant review, the Communication iesources Company (CRC) proposal has been determined the most suited to provide the requested services to the City; and WHEREAS, a transfer of $14,700 will be necessary to support the contract; and WHEREAS, the Contingency Reserve will be reduced from $264,323 to $249,623 by this transfer; NOW, THEREFORE, BE IT RESOLVED that; 1. The above recitations are true and correct. 2. The proposal submitted by Communication Resources Company is hereby accepted, and the City Manager is authorized to execute the agreement with Communication Resources Company for communication consultant services, 3. That Fund Transfer No. 062 , on file with the Finance Department transferring $14,700 from Contingency Reserve to Account No, 1-11-10-2470 is approved. Ill Ill ill Ill //I Ill Ill 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the ity Council of the City of Carlsbad held the 24th mT , 1984, by the following vote, to wit: day of AYES: NOES: None ABSENT: None Council Merdxrs Casler, Lewis, Kulchin, Chick and Prescott lkaQA4L 4. Ran- ILETHA L. RAUTENKRANZ, City Clelk (SEAL) AGREEMENT FOR COMMUNICATION CONSULTANT SERVICES BETWEEN THE CITY OF CARLSBAD AND COMMUNICATION RESOURCES COMPANY (CRC) THIS AGREEMENT, made and entered into as of the day of ? 19 -9 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter ref erred to as "City," and Communication Resources Company (CRC) hereinafter referred to as "Consultant ." RECITALS City requires the services of Consultant to provide communication consultant services; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: (1) CONSULTANT'S OBLIGATIONS The Consultant shall perform an analysis of the City's telephone system and usage for the purpose of providing City with appropriate recommendations to assure that satisfactory telecommunications services are provided for the City Hall complex including all locations which are currently used as City facilities. Also to be considered is the new safety center facility to be built in the next few years. The Consultant will perform all functions necessary to determine which communication system or systems offer the City maximum cost effectiveness and best service arrangements. The scope of such services will include all services, studies, planning, and analysis as detailed within the CRC proposal dated 3uly 18, 1983. IO (2) CITY OBLIGATIONS The City shall provide Consultant with information and assistance as detailed in Consultant's proposal dated 3uly 18, 1983. (3) PROGRESS AND COMPLETION The work under this contract will begin within 10 days after receipt of notification to proceed by the City and be completed within 12 weeks of that date at which time a preliminary report covering initial findings will be submitted to City. Following Council approval of the report, Consultant shall proceed with Phase I1 (Competitive Bidding) if so directed by the Council. Subsequently, Council approval shall be required before Consultant proceeds with Phase I11 (Implementation Supervision). Each Phase is further defined in Consultant's proposal dated 3uly 18, 1983. If all three phases of the project are approved, completion of the entire project shall be completed within one (1) year. (4) FEES TO BE PAID TO CONSULTANT The total cost payable for Phase I is $7,100; total cost for Phase I1 would be $3,500; and total cost for Phase I11 would be $4,100. (5) PAYMENT OF FEES Consultant shall bill City monthly and be paid monthly as time is expended. Final payment for each phase of the contract shall be paid after Council acceptance of the work. (6) CHANGES IN WORK If, in the course of this contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes. After reaching mutual agreement on the changes, the proposed changes shall be prepared by the City and approved by the City Council, Council approved changes which expand the study, cover other locations, or require additional activities beyond that stipulated shall be billed to City at the rate of $85.00 per hour, (7) The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. Consultant also warrants for breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (8) NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. (9) TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five working days to deliver said documents owned by the City and all work in progress to the City. The City shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the contract. Final payment shall be in compliance with the Code of Federal Regulations. (IO) DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the City. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City or principal receiving the 13 letter shall reply to the letter along with a recommended method of resolution within ten days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. (11) STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. (12) HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, unless the liability or claim is due, or arises out of, solely to the City's negligence. (13) ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. (14) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. (15) SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (181, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. (16) EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. (17) CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property in the City of Carl sbad. IN WITNESS WHEREOF., we have hereunto set our hands and seals. CITY OF CARLSBAD RV City Manager Title ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney