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HomeMy WebLinkAbout1997-06-17; City Council; 14208; CONTRACT FOR MICROCOMPUTER SOFTWARE TRAINING.. z 0 F 0 a -I G z 3 0 0 CITY OF CARLSBAD - AGENDA BILL /I&- AB# 19; d08 TITLE: DEPTHD. - CITY ATTY. ( MTG. 6/17/97 DEPT. INFOSYS TRAINING CITY MGR. - CONTRACT FOR MICROCOMPUTER SOFTWARE RECOMMENDED ACTION: Adopt Resolution No. 9.9 - 437 authorizing the Mayor to execute a contract for microcc software training with Lienhard Consulting Group. ITEM EXPLANATION: As part of the budget for FY 1996-97, Information Systems planned for and budgeted to the City’s email and calendaring software. The email and calendaring software packagc been in place for nearly six years and have become outdated. Not only are newer packagc capable, our existing email and calendar systems are not fully compatible with the Wind desktop operating system. This incompatibility makes these systems unreliable and UI Information System’s staff researched available email and calendaring software and s GroupWise from Novell. GroupWise is an improved, more capable package and compatible with our current desktop and network operating systems. Concurrently, with the email and calendar upgrade, is the Mac to PC conversion effor Safety Center. In February 1997, Council authorized staff to proceed with the conversic the Macintosh computers at the Safety Center to PC’s. As a result of this conversic Windows 95 and Microsoft Office desktop software will be implemented at the Safety Centt To fully utilize the capabilities of either Groupwise or the new Safety Center PC systems, is necessary. All City personnel need to be trained in the use of GroupWise and Safety personnel need to be trained in the use of the PC systems. Since the city wide emaillcalendar upgrade and the Safety Center Mac to PC conver: occurring at nearly the same time, the training efforts were combined into one bid. Bids wt to four vendors for training on Groupwise, Windows 95 and Microsoft Office 95. Info Systems staff reviewed the proposals and selected Lienhard Consulting Group as the venc able to provide the training required. FISCAL IMPACT: The contract cost for the microcomputer software training is not to exceed $28,800. necessary to cover these expenses are appropriated in the Information System’s.1996-97 budget and in the Mac to PC conversion project. EXHIBITS: 1. Resolution No. authorizing the Mayor to execute a contract for microcomputer I 99-483 training with Lienhard Consulting Group. 2. Contract with Lienhard Consulting Group for microcomputer software training. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 97-487 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR MICROCOMPUTER TRAINING SERVICES WITH LIENHARD CONSULTING GROUP WHEREAS, Information Systems has planned and budgeted to replace the city wide email and calendar software; and WHEREAS, in February 1997, Council authorized staff to proceed with the conversion of all Macintosh computers at the Safety Center to PC’s; and WHEREAS, in order to fully utilize the capabilities of both new systems, all personnel will need to be trained on their use; and WHEREAS, staff received proposals from four vendors to provide training and selected Lienhard Consulting Group as the vendor best able to provide the training required; and WHEREAS, sufficient funds have been appropriated for compute1 training on both the new Groupwise software and the new Safety Center PC software and are available for the contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of thc City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized to execute the attachec contract, Exhibit A, between the City of Carlsbad and Lienhard Consulting Groul for microcomputer software training services. 3. That the fees and compensation for said services shall nc exceed $28,800 and shall be as described in the contract between the City ( Carlsbad and Lienhard Consulting Group. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 17th day of June , 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, NOES: None ABSENT: None Mayor ATEST: ALETHA L. RAUTENKRANZ City Clerk (SEAL) 0 0 AGREEMENT THIS AGREEMENT is made and entered into as of the 27 th d ai , 1997, by and between the CITY OF CARLSBAD, a munic JUNE corporation, hereinafter referred to as 'City", and 1 ,'e ', kl., ~~~,.,+~ hereinafter referred to as "Contractor." 1 RECITALS City requires the services of a software training Contractor to provide necessary computer software training services for preparation of computer SOM usage; and Contractor possesses the necessary skills and qualifications to provide services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual coven: contained herein, City and Contractor agree as follows: 1. C 0 NT RACTO R'S 0 B LI GAT10 N S The Contractor shall train City staff in the use of Novell's GroupWise Microsoft Windows 95 and Microsof? Office 95. Training will be conducted in two 44 sessions Monday through Thursday with sessions starting at 8:OOam and 1:OOr Contractor shall provide approximately 48 days of training and a "roaming" tn onsite to assist users for 8 days on an as needed basis. Contractor shall pro training manuals for users and telephone support for 6 months from commencemei training . rev. 812 1 0 0 2. CITY OBLIGATIONS The City shall provide a training room with 10 personal computers v Groupwise, Microsoft Windows 95 and Microsoft Office 95 software installed. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt notification to proceed by the City and be completed within 180 days of that dai Extensions of time may be granted if requested by the Contractor and agreed tc writing by the City. The City will give allowance for documented and substantia unforeseeable and unavoidable delays not caused by a lack of foresight on the par the Contractor, or delays caused by City inaction or other agencies' lack of tin action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $28'80 Contractor shall bill the City at a daily rate of $500 per trainer. No other compensa. for services will be allowed except those items covered by supplemental agreeme per Paragraph 8, "Changes in Work." The City reserves the right to withhold a percent (10%) retention until the project has been accepted by the City. Incremental payments will be made as follows: Contractor shall submit invoices bi-weekly to the City for payment. 5. DURATION OF CONTRACT This agreement shall extend for a period of 180 days from date thereof. contract may be extended by the City Manager for one additional one (1) year periol rev. 8/2f 2 0 0 parts thereof, based upon a review of satisfactory performance and the City's nee The parties shall prepare extensions in writing indicating effective date and length of extended contract. 6. PAYMENT OF FEES Contractor shall submit hidher invoice for work performed on a bi-weekly b: and payment of approved items on the invoice shall be mailed to the Contractor wi 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS lntentionaliy left blank. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or City, and informal consultations with the other party indicate that a change in conditions of the contract is warranted, the Contractor or the City may request a cha in contract. Such changes shall be processed by the City in the following manner letter outlining the required changes shall be forwarded to the City by Contractc inform them of the proposed changes along with a statement of estimated change charges or time schedule. A Standard Amendment to Agreement shall be prepare( the City and approved by the City according to the procedures described in Carls Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rei ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained rev. 8/2 3 0 0 company or person, other than a bona fide employee working for the Contractor solicit or secure this agreement, and that Contractor has not paid or agreed to pay company or person, other than a bona fide employee, any fee, commiss percentage, brokerage fee, gift, or any other consideration contingent upon, or resul from, the award or making of this agreement. For breach or violation of this warra the City shall have the right to annul this agreement without liability, or, in its discret to deduct from the agreement price or consideration, or otherwise recover, the amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarc nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the v as provided for in this contract, the City Manager may terminate this contract nonperformance by notifying the Contractor by certified mail of the termination of Contractor. documents owned by the City and all work in progress to the City Information Syst Manager. The Information Systems Manager shall make a determination of fact bz upon the documents delivered to City of the percentage of work which the Contrz has performed which is usable and of worth to the City in having the con completed. Based upon that finding as reported to the City Manager, the Manager I determine the final payment of the contract. The Contractor, thereupon, has five (5) working days to deliver rev. 812 4 0 0 This agreement may be terminated by either party upon tendering thirty ( days written notice to the other party. In the event of such suspension or terminat upon request of the City, the Contractor shall assemble the work product and put si in order for proper filing and closing and deliver said product to City. In the even termination, the Contractor shall be paid for work performed to the termination d however, the total shall not exceed the lump sum fee payable under paragraph 4. City Manager shall make the final determination as to the portions of tasks compk and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of fac interpretation not otherwise settled by agreement between parties. Such question they become identified as a part of a dispute among persons operating under provisions of this contract, shall be reduced to writing by the principal of the Contra or the City Information Systems Manager. A copy of such documented dispute sha forwarded to both parties involved along with recommended methods of resoh which would be of benefit to both parties. The City Information Systems Manage principal receiving the letter shall reply to the letter along with a recommended me of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory tc aggrieved party, a letter outlining the dispute shall be forwarded to the City Counc their resolution through the Office of the City Manager. The City Council may ther to consider the directed solution to the problem. In such cases, the action of the rev. 012 5 0 0 Council shall be binding upon the parties involved, although nothing in this proced shall prohibit the parties seeking remedies available to them at law. 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must asserted as part of the contract process as set forth in this agreement and no anticipation of litigation or in conjunction with litigation. The Contractor acknowled! that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. The Contractor acknowledges 1 California Government Code sections 12650 et seq., the False Claims Act, provide$ civil penalties where a person knowingly submits a false claim to a public entity. Th provisions include false claims made with deliberate ignorance of the false informa or in reckless disregard of the truth or falsity of information. If the City of Carlsbad SE to recover penalties pursuant to the False Claims Act, it is entitled to recovei litigation costs, including attorney's fees. The Contractor acknowledges that the filin a false claim may subject the Contractor to an administrative debarment proceec wherein the Contractor may be prevented to act as a Contractor on any public wor improvement for a period of up to five years. The Contractor acknowledges debarn by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contr: from the selection process@'qL(lnitial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32. 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referei &(I nit ial) rev. 812 6 0 0 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's c way as an independent Contractor and in pursuit of Contractor's independent call and not as an employee of the City. Contractor shall be under control of the City ( as to the result to be accomplished, but shall consult with the City as provided for in request for proposal. The persons used by the Contractor to provide services under agreement shall not be considered employees of the City for any purposes whatsoej The Contractor is an independent Contractor of the City. The payment mad1 the Contractor pursuant to the contract shall be the full and complete compensatio which the Contractor is entitled. The City shall not make any federal or state withholdings on behalf of the Contractor or hidher employees or subcontractors. City shall not be required to pay any workers' compensation insurance unemployment contributions on behalf of the Contractor or hidher employees subcontractors. The Contractor agrees to indemnify the City within 30 days for any retirement contribution, social security, overtime payment, unemployment paymer workers' compensation payment which the City may be required to make on beha the Contractor or any employee or subcontractor of the Contractor for work done ut this agreement or such indemnification amount may be deducted by the City from balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Rei and Control Act of 1986 and shall comply with those requirements, including, but limited to, verifying the eligibility for employment of all agents, employ rev. 812 7 a e subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS Intentionally left blank. 16. OWNERSHIP OF DOCUMENTS Intentionally left blank. 17. REPRODUCTION RIGHTS intentionally left blank. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad an( officers, officials, employees and volunteers from and against all claims, dama! losses and expenses including attorney fees arising out of the performance of the v described herein caused in whole or in part by any willful misconduct or negligent a( omission of the Contractor, any subcontractor, anyone directly or indirectly employec any of them or anyone for whose acts any of them may be liable, except where caL by the active negligence, sole negligence, or willful misconduct of the City of Carlsb: Contractor shall at its own expense, upon written request by the City, defend such suit or action brought against the City, its officers, officials, employees volunteers. Contractors indemnification of City shall not be limited by any pric subsequent declaration by the Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any mc due thereunder without the prior written consent of the City. rev. 8ii 8 0 0 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under contract by the Contractor, Contractor shall be fully responsible to the City for the i and omissions of Contractor's subcontractor and of the persons either directly indirectly employed by the subcontractor, as Contractor is for the acts and omission! persons directly employed by Contractor. Nothing contained in this contract s create any contractual relationship between any subcontractor of Contractor and City. The Contractor shall bind every subcontractor and every subcontractor c subcontractor by the terms of this contract applicable to Contractor's work unlc specifically noted to the contrary in the subcontract in question approved in writing the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the Cit! negotiate, make, accept, or approve, or take part in negotiating, making, accepting approving of this agreement, shall become directly or indirectly interested personall' this contract or in any part thereof. No officer or employee of the City who is authori. in such capacity and on behalf of the City to exercise any executive, supervisory similar functions in connection with the performance of this contract shall beco directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of City, either before, during or after the execution of this contract, shall affect or moi rev. 8/26 3 0 0 any of the terms or obligations herein contained nor entitle the Contractor to additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall inure to and shall bind each of the par hereto, and each of their respective heirs, executors, administrators, successors, assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first wri above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and City's conflict of interest code, that the Contractor will not be required to file a conflic interest statement as a requirement of this agreement. However, Contractor her acknowledges that Contractor has the legal responsibility for complying with Political Reform Act and nothing in this agreement releases Contractor from responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and and all amendments insurance against claims for injuries to persons or damagl property which may arise out of or in connection with performance of the \i hereunder by the Contractor, his agents, representatives, employees or su bcontracl rev. 8/21 10 0 0 Said insurance shall be obtained from an insurance carrier admitted and authorizec do business in the State of California. The insurance carrier is required to havr current Best's Key Rating of not less than "A-:V" and shall meet the City's policy insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum lir indicated herein, unless a lower amount is approved by the City Attorney or ' Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combi single-limit per occurrence for bodily injury, personal injury and property damage. If submitted policies contain aggregate limits, general aggregate limits shall a1 separately to the work under this contract or the general aggregate shall be twice required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved Contractor's work for the City). $1,000,000 combined single-limit per accident for bc injury and property damage. 3. Workers' Compensation and Employer's Liability. Work Compensation limits as required by the Labor Code of the State of California Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Intentionally left blank. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under rev. 812 11 0 0 agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all poli excluding Workers' Compensation. 2. The Contractor shall furnish certificates of insurance to the before commencement of work. 3. 4. The Contractor shall obtain occurrence coverage. This insurance shall be in force during the life of the agreement any extension thereof and shall not be canceled without 30 days prior written notic the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance cover: required herein, then the City will have the option to declare the Contractor in breac may purchase replacement insurance or pay the premiums that are due on exii policies in order that the required coverages may be maintained. The Contract1 responsible for any payments made by the City to obtain or maintain such insur: and the City may collect the same from the Contractor or deduct the amount paid any sums due the Contractor under this agreement. rev. 81; 12 0 W 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to rece written notice on behalf of the City and on behalf of the Contractor in connection v the foregoing are as follows: For City: Title T&d~yr4 j<!!+, /'L\o\b c\ -*(- & ;--j>ct \ 9 i <l<' L- - )LO Name Address [?,CL &\b[3pY! c \iLLbhL i)c/ &LA L,?,\/ LP :'? .7Jc;i;'i? For Contractor: Title t /L VI el Name t -- ///1P / I,, t)rihn*,d 1 //"ryILc/7 Address .7+d i - - /.I/ /-/ -- ' ArchitecVLicense Number: Arc hitecVLicense Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred tc contemplated herein, embody the entire agreement and understanding between rev. 8/21 13 0 w parties relating to the subject matter hereof. Neither this agreement nor any provi: hereof may be amended, modified, waived or discharged except by an instrumer writing executed by the party against which enforcement of such amendment, waive discharge is sought. Executed by Contractor this 2 +$ day of 7 1925 L- ipLi AL r J 6 PJL, &#!, 4 ---fl LM CONTRACTOR: CITY OF CARLSBAD, a munic (name of Contractor) of the State of C ATTEST: By: k (?L.zf-4- I (sign here) ALETHA L. RAUTENKRANZ (print namehitle) City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations If onlj officer signs, the corporation must attach a resolution certified by the secretary or assistant secr under corporate seal empowering that officer to bind the corporation ) APPROVED AS TO FORM: RONALD R. BALL City Attorney udl ' BY ,//' Deputy City Attorney 1 rev. 812 14 - CALIFORNIA ALL-PURP a ACKNOWLEDGMENT e (2dm-U pub( M TITL F OFF~CER E G JANE DOE ~OTARY PUBLIC beforeme, f\lcLY1U %M, N personally appeared hhmdeII F. cenr-ac rcj NAMf(S1 OF S!GNER(S) 0 personally known to me - OR - &roved to me on the basis of satisfactory evid Po be the person(s) whose name(s6 subscribed to the within instrument an( knowledged to me th he exec the same in @=tho, capacity(ies), and that by @M signature(s) on the instrument the persc or the entity upon behalf of which person(s) acted, executed the instrun WITNESS my hand and official seal. Though the data below IS not required by law it may prove valuable to persons relying: on the document and could fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUlC _____ __ TITLE ( S 1 ____--- NUMBER OF PAGES - _-- _- - ATTORNEY -I N-FACT GUARDlANiCONSERVATOR __ __- -_____ __.___ __ - _ ___ ____ _____ ___ DATE OF DOCUMENT - - _ -___ - __ __ SIGNER IS REPRESENTING: NAME OF PFRWN(S) OR fNTiTY(IF5) SIGNER(S) OTHER THAN NAMED AB0 i II /lfh * ( iricqJ.i V ri OlYq3NAlIONAI NOIAlii 11 ,io( iAI~()rJ.l(ilr,liir~~~~~~:~ t