HomeMy WebLinkAbout1997-06-17; City Council; 14208; CONTRACT FOR MICROCOMPUTER SOFTWARE TRAINING.. z 0 F 0 a
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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been in place for nearly six years and have become outdated.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.
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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.
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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)
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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."
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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 .
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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
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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
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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
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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
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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)
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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