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HomeMy WebLinkAbout1984-07-03; City Council; Resolution 76624 I 4 z: c E 7 € 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' RESOLUTION NO. 7662 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH THE RICHTER GROUP FOR COMMUNICATIONS CONSULTANT SERVICES. WHEREAS, the City Council has determined the need to have the services of a communications consultant; and WHEREAS, the Richter Group has demonstrated competence necessary for the required services. WHEREAS, Carlsbad Municipal Code Section 3.28.150 allows the purchasing office to waive the requirements for multiple proposals if only one individual or firm can provide the professional service, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Df Carlsbad as follows: 1. That the above facts are true and correct. 2. That this agreement is approved pursuant to the ?revision of Section 3.28.150. 3. That the Mayor is hereby authorized and directed to sign the agreement for communications consultant services which is attached hereto and made a part hereof, as Exhibit A. PASSED, APPROVED AND ADOPTED at a regular meeting of the Jarlsbad City Council held on the 3rd day of July , 1984, 2y the following vote, to wit: AYES: Council M?&~Jx Casler, Lewis, Kulchin, Chick and Prescott NOES : None ABSENT: None J MARY H./tASLER, Mayor 2TTEST: A/ n ILETHA 'L. RAUTENKmNZ , Cit (SEAL) a AGREEMENT This Agreement, made this day of June, 1984, establishes a contractural re1 ationship between the City of Carl sbad ("City") and the Richter Group ("Consultant"). services to City in return for a schedule of fees as set forth in this document. The services provided in the Statement of Work below were originally the basis of an agreement with Wendell Mounce and Associates, dated November 22, 1982. Consultant agrees to provide communications consulting WITNESSETH WHEREAS, the City desires to have technical assistance to develop, specify and supervise the implementation fo communications system and dispatch center for the new facility; and, WHEREAS, this assistance should carry the project through to the full acceptance of the new facility; and, WHEREAS, the City requires the services of a qualified consulting firm to provi de the required services ; NOW, THEREFORE, in consideration of the foregoing and the mutual convenants and agreements herein contained, it is agreed by and between the City and the Consultant as foll ows : 1 0 0 + ARTICLE I: GENERAL The City hereby employs Consultant to perform consulting services set forth at the compensation and upon the terms and conditions herein expressed, and Consultant hereby agrees to perform such services for said compensation and upon said terms and condtions. ARTICLE 11: OBLIGATIONS, DUTIES AND RESPONSIBILITIES OF CONSULTANT Consultant agrees to perform the following statement of work for City: Phase 1A was completed under the Wendell Mounce and Associates' Agreement (Note: and is not defined in this contract; it was to gather baseline data on the Carlsbad Pol ice and Fi re Operations . ) PHASE 1B -- COMPUTER AIDED DISPATCH SYSTEM FEASIBILITY STUDY - Conduct a feasibility study covering Police and Fire Operations; analyze the data to establish the cost and operational feasibility of Computer Aided Dispatch (CAD) system. - Determine the advantages/disadvantages to the City including dollar savings as well as increased operational effectiveness. - If feasible, determine the requirements for a CAD system as related to the new facility. - Prepare a general functional system and system recommendation. - Prepare a report to the City including recommendations. PHASE 2 -- SYSTEM ALTERNATIVES DEVELOPMENT AND DESIGN RECOMMENDATION - Based on the detailed needs statement gathered in Phase lA, develop several - Prepare for the City an analysis of the design alternatives identified and the system and dispatch cmter alternatives for the new facility. recommendation, along with justification. PHASE 3 -- SPECIFICATION DEVELOPMENT - THE BID PROCESS - Prepare a functional specification for the equipment for the dispatch center, the Emergency Operations Center (EOC) and any fixed radio sites involved. Also prepare specifications for any support systems in the facility such as intercom, closed circuit TV and paging system. develop a request for bid. represent the City at bidders' conference and vendor interaction, evaluate resulting proposals. - Integrate the functional specifications with applicable terms and conditions and Assist the City in soliciting vendors for bids, - 2- - Prepare final analysis of bids received and a recommendation to the City as to vendor sel ecti on. PHASE 4 -- IMPLEMENTATION SUPERVISION - Assist City in negotiating with chosen vendor. - Assist in coordination with vendor during equipment ordering and facility - Maintain liaison with vendor to assure suitability of equipment and timeliness preparation. of del i ver. - Perform inspections of installed equipment. - Perform periodic workmanship inspections. - Perform acceptance testing of equipment obtained. - Assist the City in ascertaining that equipment as installed is satisfaction in ope rat i on. ARTICLE 111: WORK PERFORMANCE AND PROGRAM SCHEDULE The Consultant is authorized to commence the work and to complete the work Phase 1B will be conducted in approximately five months time. on a mutually agreed schedule as determined by the City and the architect. (may overlap 1B to some extent) will require three months. process) wi 11 , depending on City requirements , requi re approximately four months. Phase 4 (equipment acquisition and implementation) typically runs eight or nine months and depends on construction schedule. Phase 2 Phase 3 (the bidding ARTICLE IV: CITY'S RESPONSIBILITIES- A. Project Coordinator: The City's Project Coordinator shall be the Chief of Pol ice or his designee. B. The City shall provide upon Pequest all information and data which are required in connection with the study. C. The City shall provide access to all City facilities as required for the Con- sultant to perform such work; this request includes installation requirements, gathering and analysis, equipment survey, inspection and testing, employee interviews and operational observations. 3 5- ARTICLE V: CONSULTANT'S FEES AND COMPENSATION For all consulting work and services pertaining to the project and required to be furnished by Consultant to City, as set forth in Article I1 , City agrees to pay to Consultant, and Consultant agrees to accept and receive as payment in full, the following fees and compensation which shall be known as the "Fee" to be paid as hereinafter set forth: City agrees to pay to Consultant and Consultant agrees to accept as payment in full a fee of $24,365. The fee shall be paid on the following schedule: Phase 1B $ 4,400 Phase 2 $ 5,765 Phase 3 $ 6,300 Phase 4 $ 7,900 Consultant shall submit an invoice requesting progress payments not to exceed the above Fee Payment Schedule. by City to Consultant within thirty (30) days after presentation of invoices to City. The progress payments shall be due and payable ARTICLE VI: CHANGE IN SCOPE OF PROJECT In the event it becomes necessary, or the City desires to increase or decrease the scope of project, the maximum compensation, as set forth in Article V, may be adjusted to reflect such increases or decreases by mutual agreement between Consultant and City. ARTICLE VII: ATTORNEY'S FEES In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorney's fees to the successful party in an amount to be fixed by the Court. ARTICLE VII: NOTICES Any notices or communications If to the City: be made as follows. POLICE CHIEF delivered by one party to the other shall CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 4 If to Consultant: RICHTER GROUP 178 West Longden Avenue Arcadia, CA 91006 ARTICLE IX: COVENENTS AGAINS CONTINGENT FEES 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. 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. For breach or violation of ARTICLE X: 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. said documents owned by the City and all work in progress to the Police Chief. The Police Chief shall make a determination of fact based capon 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. The Consultant, thereupon, has five (5) working days to deliver ARTICLE XI: 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 5 7 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 Police Chief. 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. shall reply to the letter along with a recommended method of resolution within ten (10) days. 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. The Police Chief or principal receiving the letter If the resolution thus obtained is unsatisfactory to the aggrieved ARTICLE XII: SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total In the event of such suspension or maximum. completed and the compensation to be made. The City shall make the final determination as to the portions of tasks ARTICLE XIII: STATUS OF THE CONSULTANT The Consul tant shall perform the services provided for herein in Consul tant ' s own way as an independent contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. Consultant shall be under control of ARTICLE XIV: CONFORMITY TO LEGAL REOUIREMENTS The Consultant shall cause a1 1 recommendations and specifications to conform Federal, State and Local. Consultant to all applicable requirements of law: shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. 6 p , ARTICLE XV: OWNERSHIP OF DOCUMENTS A1 1 plans , studies , sketches, drawings , reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reprots and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. ARTICLE XVI: HOLD HARMLESS AGREEMENT The City, it 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, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due,'or arises out of, solely to the City's negligence. ARTICLE XVII: 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. ARTICLE XVIII: SUBCONTRACTING The Consultant shall not subcontract any of the work to be performed under this contract. ARTICLE XIX: PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or 7 .- material supply contractor , or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall beocme directly or indirectly interested personally in this contract or any part thereof. No officer, employee, architect, attorney, ARTICLE XX: 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 whatso- ever under the terms of this contract. ARTICLE XXI: SUCCESSORS OR ASSIGNS Subject to the provisions of Article XVI, 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. ARTICLE XXII: EFFECTIVE DATE This agreement shall wri tten. be effective on and from the day and year first above ARTICLE XXIII: CONFLICT OF INTEREST The consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. in real property. The Consultant shall report investmenlth or interests 8 .- ? IN WITNESS WHEREOF, we have hereunto set our hands and seals. (Consul tant' s Name) CITY OF CARLSBAD Title ATTEST ED : City Clerk 9 .. :.