HomeMy WebLinkAbout2000-01-18; City Council; 15576; Purchase New Computer Aided Dispatch SystemI h -
c CITk OF CARLSBAD - AGENDA BILL
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AWARD OF CONSULTING CONTRACT
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/ -/J-O0 FOR PURCHASE OF NEW
$ f DEPT. COMPUTER AIDED DISPATCH SYSTEM POL
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RECOMMENDED ACTION:
Adopt Resolution No. do00 - 20 awarding a contract for consulting services
to Innovative Technologies Ltd. for the purchase of a new computer aided dispatch
system for Safety Services.
ITEM EXPLANATION:
The City is in the process of replacing the existing computer aided dispatch system for
Safety Services. The 99/00 CIP budget included an amount of $200,000 for the
acquisition of a consultant for the initial stages of this project. It is anticipated that
this project will take three years to complete and additional consultant fees will be
required in later stages.
City staff have researched several consultants based on a strict criteria. After
conducting extensive interviews and checks, staff recommends awarding the contract
to Innovative Technologies Ltd. (ITL) for the following reasons:
l ITL has no ties with any vendor.
l ITL has an extensive and successful track record with police and fire agencies
in California.
l ITL is willing to commit to a single project manager for the entire project.
Based on the above information, the purchasing officer has waived the requirement for
multiple proposals for professional services having determined that this consultant is
the only source to meet the above qualifications.
FISCAL IMPACT:
The bid by Innovative Technologies Ltd. is for $200,000. This amount will carry the
project through the final contract stage and up to the implementation stage of the
project.
EXHIBITS:
1. Resolution No. do@ *Jo , awarding the contract to Innovative Technologies Ltd.
2. Purchasing waiver
3. Contract
1 RESOLUTION NO. 2000-20
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AWARDNIG
A CONSULTING CONTRACT TO INNOVATIVE
TECHNOLOGIES LTD.
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WHEREAS, it has been determined that the current Safety
7 Computer Aided Dispatch System needs to be replaced; and
8 WHEREAS, it has been determined that the use of a professional
9 consultant is required in order to facilitate this replacement; and
10 WHEREAS, the City of Carlsbad purchasing officer has determined
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that one vendor, Innovative Technologies Ltd., meets all of the established
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13 criteria; and
14 WHEREAS, the bid by Innovative Technologies Ltd. is within the
15 budgeted amount set in the 99/00 budget:
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
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City of Carlsbad, as follows:
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19 1. That the above recitations are true and correct.
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2. That the City Council award the contract in the amount of two
hundred thousand dollars ($200,000), for consulting services on the
purchase of a new Safety Computer Aided Dispatch System to Innovative
Technologies Ltd.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the 18th day of
January , 2000, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: . None
Mayor
LORRAINE M. WOOD, City Clerk
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December 27, 1999
TO: POLICE CHIEF
FROM: Purchasing Officer
RE: REQUEST FOR SOLE SOURCE CONSULTANT - PURCHASE AND
IMPLEMENTATION OF NEW CAD SYSTEM
Based on the fact that Innovative Technologies, Ltd. has no ties with any vendor, has
an extensive and successful track record with Police and Fire Agencies in California
and is willing to commit to a single Project Manager for the entire project, the
requirement for multiple proposals for professional services is waived.
RUTH FLETCHER
Purchasing Officer
RF:jlk
1 AGREEMENT FOR PROFESSIONAL SERVICES
2 THIS AGREEMENT is made and entered into as of the 24th day of
. 3 , 2000, by and between the CJTY OF CARLSBAD, a municipal corporation, mv
4 hereinat& referred to as “City”, and Innovative Technologies, Ltd., a ‘C” Corporation, hereinafter
5 referred to as “Co&actor.‘”
6 RECITALS
7 City requires the services of a Contractor to provide the necessary consulting services to assist
8 the City in the acquisition of a Police and Fire Computer-Aided Dispatch System and a Fire Records
9 Management System, and Contractor ‘possesses the necessary skills and quaIifrcations to provide the
10 services required by the City;
11 NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City
12 aud Contractor agree as follows:
13 CONTRACTOR’S OBLIGATIONS AND PROJECT ASSUMPTIONS
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Ronald H. Jayne shall be assigned as Contractor’s Project Manager to the City during the term of
this Agreement. This appointment shall not change without the express writ-uzn permission of the
City.
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Scope of the project is limited to the planniug, and acquisition of a Police and Fire Computer-
aided Dispatch (CAD) System and a Fire Records Management (FRM) System.
Work pefiormed under this scope of work will be pe&umed in the City of Carlsbad, California
and/or at Contractor locations.
During the term of this agreement, and at times mutually agreeable to both parties, Contractor
shall attend/and shall conduct Project Status Meetings on a monthly basis at City’s facilities.
Agenda at these meetings will vary as determined mutually by Contractor and City. A total of up
tc ten (10) trips consisting of up to ten (10) on-site, one-day meetings at City’s facilities have
been allocated for this task. In addition, up to twenty-one (2 1) additional trips consisting of up to
fifty-seven (57) additional on-site days have been allocated for working with the City at City’s
facilities on various aspects of this project including, but not limited to, attending vendor
demonstrations, attending the bidders conference, and assisting during the contract negotiations
process. The number of trips and days used will not impact the fixed price of tasks listed in
Exhibit A unless use exceeds allocations. Contractor shall not bill City for over allocation of
time or trips without pre-approval in accordance with Section 7 below. Contractor shall provide
a monthly accounting of all tips and on-site days used with each invoice submitted,
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Review project goals and assist City in development of a draft project schedule and assist in
resolving deviations to that schedule on an as needed basis.
Assist City on technical issues related to project.
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, 1 l Conduct a detailed review of the current draft request for proposal (PPP) and make
2 recommendations and suggestions for preparation of the final d-em.
3 l l&d on the size of the City, project scope and goals of the City; assist City in the identification
4 of vendors that may be considered potential candidates for this project.
5 l Prepare the RPP for mailing to vendors (costs associated with the copying and mailing of the
6 RFP shall be assumed by City).
7 l Assist City in preparing written answers to questions proposed by vendors during the RPP
8 process.
9 l Attend and assist in answering vendors’ oral questions at the City’s vendor’s conference.
10 l Assist City in the initial evaluation of all vendor responses to the RFP. Upon completion of the
11 initial evaluation, and with the assistance of Contractor, City shall select not more than six (6)
12 PPP response documents for evaluation by Contractor. Contractor shall then conduct a review of
13 the six (6) RFP response documents selected by City and prepare a formal report which includes:
14 1) a cost comparison matrix; and, 2) a software fimctionality comparison matrix for each RFT.
15 The matrix spreadsheets shall then be provided to City for use in City’s final evaluation process
16 of selecting three (3) finalists. Once Co&actor is notified of the three finalists, Contractor shall
17 then prepare “letters of clarification” and submit to City for mailing to each finalist vendor.
18 Upon receipt of vendor’s response to the letters of clarification, and at a mutually agreed time,
19 City and Contractor shall meet to discuss each response at which time City shall prior&e the
20 three Gnalists.
21 l Attend vendor demonstrations scheduled at mutually agreeable times and provide input to city
22 staffon the products demon&rated.
23 l Assist City in the evaluation of risks and benefits of each proposal (limited to a maximum of six
24 proposals selected by City).
25 l Assist City in development of the draft agreement that will be used for the contract negotiation
26 process.
27 2. CITY OBLIGATIONS
28 The City shall:
(29 l Designate a Project Manager to whom all commtmkations from Comractor will be addressed.
30 The responsibilities of the City’s Project Manager include: Serving as the liaison between the
31 Contractor and City’s employees participating in tbe project. When the Contractor’s Project
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Manager has a request, which needs additional approvals or actions, the City’s Project Manager
will take the request forward to the appropriate party for resolution. The City will use its best
34 efforts in working with Contractor to resolve all issues in a timely manner without delay.
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1 l Obtain and provide information, data, decisions and approvals in a reasonable, mutually
2 agreeable time frame.
3 l Attend all Project Status Meetings and coordinate all required resources needed for attendance.
4 Review all materials provided by Contractor and assist as needed in the completion of all
5 materials prepared jointly by Contractor and City.
6 l Facilitate the payment process of all Contractors’ invoices in a timely manner.
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8 The work under this contract will begin within ten (10) [working/calendar] days after receipt of
9 notification to proceed by the City. Time is of the essence and both parties shall proceed diligently to
10 complete their respective responsibilities in a timely manner.
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12 The total fee payable for the services to be performed shall be $200,000.00. No other
13 compensation for services will be allowed except those items covered by supplemental agreements per
14 Paragraph 8, “Changes in Work “. Incremental payments shall be made as outlined in attached Exhibit
15 “A.”
16 5. DURATION OF CONTRACT
17 This agreement shall extend for a period of not to exceed (10) months from date hereof The
18 contract may be extended by the City Manager for one additional twelve (12) month period upon mutual
19 agreement of both parties.
20 6. PAYMENT OF FEES
21 Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of
22 receipt of the invoice. In the event that payment is not made within that period, the payment shall accrue
23 interest at the rate of 1% per month on any outstanding balance.
24 7. CHANGES IN WORK
25 If, in the course of the contract, changes seem merited by the Contractor or the City, and
26 informal consultations with the other party indicate that a change in the conditions of the contract is
27 warranted, the Contractor or the City may request a change in contract. Such changes shall be processed
28 by the City in the following manner: .A letter outlining the required changes shall be forwarded to the
29 City by Contractor to inform them of the proposed changes along with a statement of estimated changes
30 in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and
31 approved by the City according to the procedures described in Carlsbad Municipal Code Section
32 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions
33 of the agreement.
3. PROGRESS AND COMPLETION
4. FEES TO BE PAID TO CONTRACTOR
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, 1 8. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any compauy or person,
other thau a bona fide employee working for the Contractor, to solicit or secure this agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, auy
fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warrunty, the City shall
have the right to annul this agreement without liability, or, in its discretion, to deduct corn the agreement
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fees, gift, or contingent fee.
10 9. NONDISCRIMINATION CLAUSE
11 The Contractor shall comply with the state and federal laws regarding nondiscrimmation.
12 10. TERMINATION OF CONTRACT
13 In the event either party violates any provisions of this Agreement, the non-violating party shall
14 serve written notice upon the violating party ident@ing the violation. Upon receipt of notice, the
15 violating party shall have a period not to exceed 30 calendar days to cure the violation. In the event the
16 violating party has not remedied the violation, at the end of the thirty (30) day cure period, the non-
17 violating party may either 1) request a written plan from the violating party which defines a specific
18 course of action for correction of the violation or 2) serve written notice upon the violating party of
19 intent to termiuate. In the event of termination, upon request of the City, the Contractor shall assemble
20 the work product and put same in order for proper filing and closing and deliver said product to City. In
21 the event of termination, the Contractor shall be paid for work performed to the termination date;
22 however, the total shall not exceed the fee payable under paragraph 4. The City Manager shall make the
23 final determination as to the portions of tasks completed and the compensation to be made.
24 11. CLAIMS AND LAWSUITS
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The Contractor agrees that any contract claim submitted to the City must be asserted as part of
the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction
with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution. The Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides
for civil penalties where a person knowingly submits a false claim to a public entity. These provisions
include Else claims made with deliberate ignorance of the false information or in reckless disregard of
the truth or f&My of information. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is ‘entitled to recover its litigation costs, including attorney’s fbes. The Contractor
acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment
proceeding wherein the Contractor may be prevented to act as a Contractor on any City project for a
period of up to five years. The Contractor acknowledges debarment by ano iction is grounds for
the City of Carlsbad to disqualify the Contractor from the selection process.
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The provisions of Carlsbad Municipal Code sections 3.32.02 3.32.026, 3.32.027 and 3.32.028
pertaining to f&e chims are incorporated herein by reference.
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12. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution
of auy disputes between the parties arising out of this agreement is San Diego County, California.
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13. STATUS OF TRE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own way as an
independent contractor and in pursuit of Contractor’s independent cahiug, and not as an employee of the
City. Contractor shall be under control of the City only as to the result to be accomplished, but shall
consult with the City. The persons used by the Contractor to provide services under this agreement shah
not be considered employees of the City for any purposes whatsoever.
12 The Contractor is an independent contractor of the City. ‘lhe payment made to the Contractor
13 pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled.
14 The City shall not make any federal or state tax withholdings on behalf of the Contractor or its
15 employees or subcontractors. The City shall not be required to pay any Workers compensation insuraucc
16 or unemployment contributions on behalf of the Contractor or its employees or subcontractors. ‘The
17 Contractor agrees to indemuif) the City within 30 days for any tax, retirement contribution, social
18 security, overtime payment, unemployment payment or workers’ compensation payment which the City
19 may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor
20 for work done under this agreement or such indemnification amount may be deducted by the City from
21 any balance owing to the Contractor.
22 The Contractor shall be aware of the requimments of the Immigration Reform and Control Act of
23 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for
24 employment of all agents, employees, subcontractors and Consultants that are included in this agreement.
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14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all final reports to conform to all applicable requirements of law:
fkderal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any
agencies whose approval is necessary.
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Contractor agrees to allow City or its designated representative to monitor, audit, review, aud
examine the methods, procedures, and results of Contractor.
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6 16. HOLD HARMLESS AGREEMENT
7 Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials,
8 employees and volunteers from and against all claims, damages, losses and expenses including attorney
9 fees arising out of the perikmauce of the work described herein caused in whole or in part by any will&l
10 misconduct or negligent act or omission of the contractor, any subcontractor, anyone directly or
11 indirectly employed by any of them or anyone for whose acts auy of them may be liable, except where
12 caused by the active negligence, sole negligence, or willfhl misconduct of the City of Carlsbad.
13 Contractor shall at its own expense, upon written request by the City, defend any such suit or action
14 brought against the City, its oflkers, officials, employees and volunteers. Contractor’s indemnification of
15 City shall not be limited by any prior or subsequent declaration by the contractor.
16 17. ASSIGNMENT OF CONTRACT
17 The Contractor shall not assign this wntmct or any part thereof or any monies due thereunder
18 without the prior written consent of the City.
19 18. SUBCONTRACTING
20 If the Contmctor shall subcontract auy of the work to he performed under this wntract by the
21 Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s
22 subwntractor and of the persons either diictly or indirectly employed by the subwntractor, as
23 Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained
24 in this w&act shall create any wntmctual relationship between any subwntmctor of Contractor and the
25 City. The Contractor shall bind every subwntractor and every subcontractor of a subcontractor by the
26 terms of this contract applicable to Contractor’s work unless specifically noted to the wntrary in the
27 subwntract in question approved in writing by the City.
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29 No official of the City who is author&d in such capacity on behalf of the City to negotiate,
30 make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement,
31 shall become directly or indirectly interested personally in this wutmct or in any part thereof. No officer
32 or employee of the City who is authorized in such capacity and on behalf of the City to exercise any
33 executive, supervisory, or similar functions in wnnection with the performance of this wntract shall
34 become directly or indirectly interested personally in this wntract or any part thereof.
15. OWNERSHH’ OF DOCUMENTS
City shall honor any wpyright on materials which Contractor may provide or develop in the
course of executing this Agreement. However, Contractor understands that City may be required by law
to disseminate public records upon request, and City shall notify Contractor of any such request prior to
disclosure of wntmct documents.
19. PROHIBITED INTEREST
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. 1 20. VERBAL AGREEMENT OR CONVERSATION
6 21. SUCCESSORS OR ASSIGNS
7 Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions,
8 and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective
9 heirs, executors, administmtors, successors, aud assigns.
10 22. EFFECTIVE DATE
11 This agreement shall be effective on and from the day and year first written above.
12 23. CONFLICT OF INTEREST
13 The City has determined, using the guidelines of the Political Reform Act and the City’s conflict
14 of interest code, that the Contractor will not be iequired to file a wnflict of interest statement as a
15 requirement of this agreement. However, Co&actor hereby acknowledges that Contractor has the legal
16 responsibility for complying with the Political Reform Act and nothing in this agreement releases
17 Contractor from this responsibility.
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19 The Contractor shall obtain and maintaiu tir the duration of the wntract and any and all
20 amendments insurance against claims for injuries to persons or damage to property which may arise out
21 of or in connection with perfbmrance of the work hereunder by the contractor, its agents, representatives,
22 employees or subwntmctors. Said insurance shall be obtained from an insurance carrier admitted and
23 authohed to do business in the State of California The insmauce carrier is required to have a current
24 Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for insurance as stated in
25 Resolution No. 91-403.
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27 Contractor shall maintain the types of cover-ages and minimum limits indicated herein,
28 unless a lower amount is approved by the City Attorney or City Manager:
29 1. Comprehensive General Liability Insurance. $l,OOO,OOO combined single-limit
30 per occurrence for bodily injury, personal injury and property damage. Ifthe submitted policies wntain
31 aggregate liiits, general aggregate limii shall apply separately to the work under this wntmct or the
32 general aggregate shall be twice the required per occurrence limit.
No verbal agreement or conversation with any officer, agent, or employee of the City, either
before, during or after the execution of this wnfcacf shall aEect or modify any of the terms or obligations
herein wntained nor entitle the Contractor to any additional payment whatsoever under the terms of this
wntract.
24. INSURANCE
A. Coverages and Limits.
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1 2. Automobile Liability (if the use of an automobile is involved for contmctois
2 work for the City). $l,OOO,OOO wmbiued single-limit per accident for bodily injury and property
3 damage.
4 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation
5 limits as required by the .Labor Code of the State of California and Employer’s Liability liiits of
6 $l,OOO,OOO per accident for bodily injury.
7 B. Additional Provisions.
8 Contractor shall ensure that the policies of iusmance required wnder this agreement
9 wntaiu, or am endorsed to wntain, the following provisions.
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1. The City shall be named as an additional insured on all policies excluding
Workers’ Compensation.
12 2. The w&actor shall furnish certificates of insurance to the City before
13 commencement of work.
14 3. The w&actor shall obtain owurrence coverage.
i 15 4. This insurance shall be iu force during the life of the agreement and any
16 extension thereof and shall not be canccled without 30 days prior written notice to the City sent by
17 certified mail.
18 5. Ifth~ wntmctor fails to maintam auy of the insurance wverages required herein,
19 then the City will have the option to declare the w&actor in breach, or may purchase replacement
20 insurance or pay the premiums that are due on existing policies in order that the required wverages may
21 be maintained. The wntmctor is responsible for any payments made by the City to obtain or maintain
22 such insurance aud the City may collect the same from the wntractor or deduct the amount paid from any
23 sums due the w&actor under this agreement.
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25. RESPONSIBLE PARTIES
The name of the persons who am authorized to give written notices or to receive written notice
on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows:
For City:
I Title
32 For Contmcto
33 Title
Name
Address
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State of California
County of Sonoma
on 53/& /3. sb7+ before me, Nancy Landreth - kJotary Public,
personally appeared &, m A L 0 II- 3~ \/kr~
( ) Personally known to me OR
()5 Proved to me on the basis of satisfactory evidence to be the person@
whose name&&&re subscribed to the witI& instrument and
acknowledged to me that@he+they executed the same in
* @&wQ== authorized capacitym, and that b
signatureyon the instrument he perso&or entity upon
behalf of which the person d acted, executed the instrument.
tWINESS MY HAND AND OFFICIAL SEAL.
CAPACITY CLAIMED BY SIGNER
( ) Individual
( > Corporate (Title)
( ) Partners - ( > Limited ( ) General
( ) Attorney-in-fact
( ) Trustee($
( 1 GuardknjConservator
&j Other Cd4qbh7-0~
SIGNER IS REPRESENTING,
This certificate attached to: &Z+ZH~W- m/t P/ NFKSH~ Ws c G&W
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EXHIBIT A
FEE AND PAYMENT SCHEDULE
This is a fixed price contract for the total sum of $200,000.00.
Payment #l upon contract execution
Payment #2 upon submission of draft RFP to City
Payment #3 upon completion of vendor demonstrations
Payment #4 upon submission of drafk cot-&act to City
Payment #5 upon completion of contract negotiations
Total
Amount
$40,000.00
$40,000.00
!Mo,ooo.oo
$60,000.00
$20,000.00
$200,000.00
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1 26. BUSINESS LICENSE
2 Contractor shall obtain and maintain a City of C&bad Business License for the duration of the
3 contract.
4 27. ENTIRE AGREEMENT
5 This agnxment, together with any other written document referred to or contemplated herein, embody
6 the entire agnmnent and rmdersmmkg between the parties relating to the subject matter hereof Neither this
7 agreement nor any provision hereof may be amended, modified, waived or dischruged except by an instrument
8 in writing executed by the party against v$ich enfimxment of such amendm~ waiver or discbarge is sought
9 Executed by Contractor this day of , \k)- -. \ 3‘ L ,200o.
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10 CONTRACTOR
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, ‘3 A
By;s
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(print name/title)
By:
(sign here)
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CITY OF CARLSBAD, a municipal
Cityklanager-
LORIUINE M. WOOD
City Clerk
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20 (print name/title)
291 (Proper notarial acknowledgment of execution by Contractor must be attached.
30 Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must
31 sign for corporations. Otherwise, the corporation must atiach a resolution certified by the secretary or
32 assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
33 APPROVED AS TO FORM:
36 ssistant City Attorney
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