HomeMy WebLinkAbout2000-03-28; City Council; 15668; Agreement With KPMG For Strategic Technology PlanI ‘1 L . .- x.
CITY OF CARLSBAD - AGENDA BILL v- AB# /3; b&Y TITLE: DEPT. HD. $.
MTG. 31 / AGREEMENT WITH KPMG TO PROVIDE CONSULTING
22 * SERVICES FOR DEVELOPMENT OF A CITY STRATEGIC CITY ATTY. &is
TECHNOLOGY PLAN
DEPT. IS CITY MGR-
. . p Y g 5 s
RECOMMENDED ACTION:
Adopt Resolution No. 2fiW-97 approving an agreement with KPMG for consulting services to assist
with the development of a Strategic Technology Plan.
ITEM EXPLANATION:
City Council Strategic Goal A is: “Ensure the effective and efficient delivery of top quality services
to our community”, and technology is one of the tools employees use for that purpose. In support of
this goal, the following team goal was developed: “To provide for the coordinated and integrated
planning and use of electronic information and communication technology”.
Employees in many departments are identifying technology applications and systems that would
automate some aspects of their jobs to improve their ability to provide service. As a result of all of
the technology projects either “in the works “, “in design” or on a “wish list”, staff felt that the
development of a Strategic Technology Plan would be the best mechanism to ensure that all of the
projects are coordinated, integrated and prioritized, and in fact, reflect the core business needs of our
organization.
Therefore, a cross-department team was chartered to develop the plan. The team has prepared a draft
technology vision statement; identified existing systems; identified existing internal
policies/procedures related to technology; and identified all formal and informal employee technology
related committees and their members. At that point, the team determined that, due to the complexity
and continuing evolution of information technology, the services of a consultant would be essential.
The team developed a Request for Proposal (RFP), which included the following key services
expected of the consultant:
l Identification of City needs.
l Assessment of current systems contrasted with the team’s vision, City’s needs and existing &
emerging technologies.
l Development of a framework which can be used to continually evaluate and update our vision,
needs and direction.
l Strategies to move the City towards its technology vision and mlfill its needs.
l Implementation plan that addresses timelines, costs, staff resources and a method of prioritizing
projects as they arise.
The RFP was sent to sixteen consulting firms, and eight responses were received. After evaluating all
proposals, three of the firms were invited to make presentations and be interviewed by the team. As a
result of that process, and following reference checks, the team recommends that the firm of KPMG
be awarded the contract to assist with the development of the city’s Strategic Technology Plan.
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PAGE 2 OF AGENDA BILL NO. / f; 6 b B
FISCAL IMPACT:
The total cost (including expenses) for preparation of the plan is $90,000. Funds are
available in the Financial Information System CIP account for this project. That account
was initially established when the city’s financial information system was being replaced and
included the replacement of the city’s hardware and other software applications. Therefore,
it is appropriate that the final project charged to this account would be for the preparation of
the Strategic Technology Plan. Any project or upgrades that would be required as a result
of the Plan would be included in the normal budgeting process.
EXHIBITS:
1. Resolution No. 2oob -97, approving an agreement with KPMG for consulting
services to assist with the development of a Strategic Technology Plan.
2. Agreement between the City of Carlsbad and KPMG for the preparation of a
Strategic Technology Plan.
I RESOLUTION No. 2000-97
~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH KPMG FOR
CONSULTING SERVICES FOR PREPARATION OF A STRATEGIC
TECHNOLOGY PLAN.
WHEREAS, it is a goal of the City Council to ensure the effective and efficient
delivery of top quality services to the community; and
WHEREAS, in support of the above City Council goal, a team goal was
developed to provide for the coordinated and integrated planning and use of electronic
information and technology; and
WHEREAS, the need for a Strategic Technology Plan was deemed essential to the
accomplishment of the aforementioned goals; and
WHEREAS, it is recognized that the field of information technology is a complex
and highly dynamic field; and
WHEREAS, due to the complexity and continuing evolution of information
technology, the services of a consultant was deemed essential; and
WHEREAS, a Request For Proposal was prepared, and eight responses were
received and evaluated; and
WHEREAS, three firms were invited to make presentations on their proposals;
and as a result, it is recommended that the firm of KPMG be awarded the contract to
assist with the development of the city’s Strategic Technology Plan; and
WHEREAS, funds are available in the Financial Information System CIP account
for the project.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
~ Carlsbad, that the City of Carlsbad:
1. The above recitations are true and correct.
2. That the agreement with KPMG, attached hereto, is hereby approved, and the
Mayor is authorized to execute same.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 28th day of March 2000, by the following vote, to wit:
AYES: Council Lewis, Hall, Finnila and Kulchin
NOES: None
ATTEST:
LORR&NE M. WOOD, City Clerk
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AGREEMENT
THIS AGREEMENT is made and entered into as of the J/e day of
-3 ZOm, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and KPMG Consulting, LLC, a limited
liability corporation of the State of Delaware, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a technology consulting Contractor to provide the
necessary technology planning services for the preparation of a strategic technology
plan and Contractor possesses the necessary skills and qualifications to provide the
services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
To complete a technology strategic plan as proposed in the KfMG Proposal for
Sfrafegic Technology Plan , dated January 13, 2000 (the Proposal) incorporated herein
by reference. The scope of the project will be as discussed in Section 1 of the Proposal
and will include the following steps: 1) Project Organization, 2) Confirm the business
environment, 3) Review the technology environment, 4) Define the technology
strategies, 5) Develop transition plan and 6) Develop a presentation of the plan.
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2. CITY OBLIGATIONS
The City shall provide the information required by the Contractor to complete the
tasks assigned inc!uding consolidated information on baseline technology, issues and
user satisfaction. The City shall also provide staff time and support to the project as
needed and schedule, coordinate and participate in necessary meetings and/or
interviews.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within 180 working days of that
date. Extensions of time may be granted if requested by the Contractor and agreed to
in writing by the Information Services Director. The Information Services Director will,
give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of the Contractor, or delays caused
by City inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $90,000. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City.
5. DURATION OF CONTRACT
This agreement shall extend for a period of one year from date thereof. The
contract may be extended by the City Manager for one additional one (1) year period or
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parts thereof, based upon a review of satisfactory performance and the City’s needs.
The patties shall prepare extensions in writing indicating effective date and length of the
extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within 30 days of completion and approval of the Information Systems Director,
the Contractor shall deliver to the City the following items as further outlined in Section
1 of the Proposal:
l Business and technology resource review of issues, problems, and
improvement opportunities
l Technology vision statement
8.
l Technology strategies
l Technology transition plan.
CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be fowarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
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the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than 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, any 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 warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
.to deduct from the agreement priceor consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the Information Systems
Director. The Information Systems Director shall make a determination of fact based
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upon the documents delivered to City of the percentage of work which the Contractor
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 Manager, the Manager shall
determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor 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 Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. CLAIMS AND LAWSUITS
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 false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
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litigation costs, including attorney’s fees. 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 public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are
incorporated herein by reference.
13. JURISDICTION
& ZiqEy
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE 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 calling,
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 as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
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which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
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All 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,
reports, and studies as herein required shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
.
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees, relating to death, personal injury or
property damage, arising out of the performance of the work described herein caused
by any willful misconduct, or negligent act, or omission of the contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
19. LIMITATIONS OF LIABILITY
Contractor’s maximum liability to City arising for any reason relating to Contractor’s
performance of this Contract, or any amendment thereto, shall be limited to $300,000.
Neither party shall have any liability to the other party for any lost profits or special,
incidental, indirect or consequential damages, even if such party has been advised of
the possibility of such damages.
20. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
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rev. 12/28/99
21. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual rerlationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
22. 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
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rev. 12/28/99
23. 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 entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
24. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
25. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
26. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
27. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
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property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-V and shall meet the City’s policy for
insurance as stated in Resolution No. 91403.
A. Coveranes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single&limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
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shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance.shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the, insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
28. RESPONSIBLE PARTIES
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The name of the persons who are 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: Title Information Systems Director
Name Lee Rautenkranz
Address 1635 Faraday Ave.
Carlsbad, CA 92008
For Contractor: Title
Name
Address
Managing Director
Kurt Ramey
750 B Street
San Diego, CA 92101
29. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
30. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. Neither this agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
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C
Executed by Contractor this /h e day of ,2om .
KPMG Consulting, LLC, a limited liability
corporation of the State of Delaware
KPMGConsultina, LLC
(name of Contractor)
Kurt Ramev. Manaaina Director A
CITY OF CARLSBAD, a municipal
coroora#,ion,& the State of California
ATTEST:
City Clerk .
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
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personally appeared
94 ersonally known to me
q proved to me on the basis of satisfactory
evidence
to be the perso@whose namt@,&$are
subscribed to the within instrumeni and
acknowledged to me that,h&swey executed
the same
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in f,A&/f#%their authorized
and that by ja%/meir
signature n the instrument the perso@ ok
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act@+ executed the instrument.
d and official seal.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documenl
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docum
Title or Type of Document:
Document Date: q!i!L&xl
Signer(s) Other Than Named Above:
Number of Pages:
CaDacitvllesl Claimed bvy!$igner .-7-l I
b Corporate Officer - Title(s):
0 Partner - Cl Limited 0 General
0 Attorney in Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
I
Signer Is Representing: &h->
Q 1997 National Notary Association - 9350 De Soto Ave.. p.0. Box 2402 - Chatswofih. CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827