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HomeMy WebLinkAbout2001-02-20; City Council; 16068; Approval of Amendment No. 2 Agreement with Third Wave Corporation for Citywide Document Management SystemCITY OF CARLSBAD - AGENDA BILL 3-- I 8 > z k Q . . p 0 a d 0 5 8 AB# j’p,ob8 MTG. 2/20/01 DEPT. Records I TITLE: APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT WITH THIRDWAVE CORPORATION FOR IMPLEMENTATION OF A CITYWIDE DOCUMENT MANAGEMENT SYSTEM CITY MGRa RECOMMENDED ACTION: Adopt Resolution No. Joal- 53 approving Amendment No. 2 to the Agreement with ThirdWave Corporation, for the installation and integration of a citywide electronic Document Management System, to allow the Contractor to post an amount equal to ten (10%) percent of the total Agreement amount in lieu of the surety bond. ITEM EXPLANATION: On May 4, 1999, the City Council appropriated funds and authorized staff to proceed with issuance of a Request for Proposals (RFP) for an electronic Document Management System (DMS). On May 24, 1999, the RFP was issued, responses received, and reviewed and evaluated by the City’s consultant The Mattox Group/@doc. From this evaluation two vendors, whose proposed systems best met the City’s requirements, were requested to demonstrate their systems. After the demonstrations were held, the Consultant and the Records Management Project Committee determined that the FileNET System proposed by ThirdWave best met the City’s requirements. The selection of ThirdWave Corporation was based on the functionality of the Document Management System (FileNET) proposed, their experience in deploying Document Management Systems, their ability to provide full service Systems Integration, and strong customer recommendations. On February 15, 2000, Council approved the original Agreement with ThirdWave Corporation for the purchase and installation of the Document Management System. The Agreement covered both Phase 1 and Phase 2 of the DMS project, and included software, hardware, systems integration, training, and document conversion. Phase 1 consisted of two concurrent pilot projects: (1) installation of the DMS for approximately 20 users comprised of staff in the City Clerks/Records Department, Information Systems and selected users staff in Public Works/Engineering; and (2) the conversion of critical documents, plans, drawings and maps. The following documents, which are most frequently referenced, were converted: All deeds All Council Minutes Council Agenda Bills from 1988 to 2000 Agreements/Contracts from 1988 to 1999 Council Resolutions from 1988 to 2000 Council Ordinances from 1988 2000 All CMWD Minutes CMWD Resolutions from 1988 to 2000 All Housing & Redevelopment Commission Minutes Housing & Redevelopment Commission Resolutions from 1988 to 2000 / PAGE 2 OF AGENDA BILL NO. 1 b’ I o ’ r l Planning Commission Resolutions from 1988 to 1999 l Public Works - All Plans and Drawings Included in the Phase 1 conversion were a total of 350,000 images of text documents and 70,000 images of maps and drawings. Phase 1 was begun in March, 2000 and concluded in December, 2000. Since the date of approval of the original Agreement, the Contractor has made continuous efforts to obtain, without success, a surety bond for vendor performance in an amount equal to one (100%) hundred percent of the Agreement price. Staff is satisfied that the Contractor has made good faith efforts to obtain the bond required by Section 27 of the original Agreement. Since Phase 1 has been completed, and Phase 2 has begun, city staff and the Contractor request that Section 27 of the Agreement be amended to allow the Contractor to post an amount equal to ten (10%) percent of the Agreement price in lieu of the required surety bond. Completion of Phase 2 is anticipated by the end of May, 2001. FISCAL IMPACT: The City will not incur any costs as a result of the approval of Amendment No. 2 to the Agreement with ThirdWave Corporation. Approval of the Amendment will result in the City retaining $95,633 in payments to ThirdWave Corporation, until the completion and acceptance of Phase 2. EXHIBITS: 1. Resolution No. JooI-5:3 approving Amendment No. 2 to the Agreement with ThirdWave Corporation, for purchase, installation, and integration of Phases 1 and 2 of a citywide electronic Document Management System. 2. Exhibit “A” - Amendment No. 2 to Agreement with ThirdWave Corporation for Phase 1 and 2 of the Document Management System. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2o01-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR THE PURCHASE OF A CITYWIDE DOCUMENT MANAGEMENT SYSTEM WHEREAS, the City desired to implement a Document Management System (DMS) to automate city records; forms, and maps, to improve ability to retrieve and share information, and to replace outdated systems identified as part of the Financial Information System project; and WHEREAS, in May, 1999, the City Council authorized staff to distribute a Request for Proposal (RFP) for a Document Management System (DMS), and appropriated funds for the project; and WHEREAS, responses were evaluated and the response from ThirdWave Corporation (TWC) was selected as best able to meet the City’s needs; and WHEREAS, in February, 2000, the City Council approved an Agreement with ThirdWave Corporation for the purchase and implementation of Phases 1 and 2 of the DMS, at a cost of $956,633, which included hardware, software, system integration, and conversion costs. WHEREAS, the original agreement was amended on September 15, 2000, to include software modifications and additional programming services; and WHEREAS, the City is satisfied that the Contractor has made a good faith effort, without success, to obtain a surety bond for vendor performance in an amount equal to one hundred (100%) percent of the amount of the Agreement; . and , l( 1' 1: 1: 14 lC c 1C 17 ia 19 20 21 22 23 24 25 26 27 28 WHEREAS, Phase 1 of the project has been completed by the Contractor; and both parties desire to amend Section 27 of the Agreement to allow the Contractor to post an amount equal to ten (10%) percent of the total amount of the Agreement in lieu of the required surety bond. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 2 to the Agreement with ThirdWave Corporation for installation and integration of a Document Management System, Phases 1 and 2, which is attached hereto as Exhibit A, is hereby approved. 3. That the Mayor is hereby authorized to execute Amendment No. 2 to Agreement between the City of Carlsbad and ThirdWave Corporation. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 20th day Of Februarv , 2001, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None ATTEST: (SEAL) Exhibit "A" AMENDMENT NO. 2 TO AGREEMENT FOR INSTALLATION AND INTEGRATION OF A DOCUMENT MANAGEMENT SYSTEM (Third Wave Corporation) THIS SECOND AMENDMENT to Agreement for installation and integration of a document management system (the “Agreement”) is made and entered into this 8th day of January , 2OOL, by and between the CITY OF CARLSBAD, a political subdivision of the State of California (“City”) and Third Wave Corporation (“Contractor”), and is made with reference to the following facts: RECITALS A. On September 19, 2000, the Agreement was amended to alter the scope of work to include additional software modifications and programming services. B. Contractor has completed Phase I of the Agreement. C. Pursuant to Section 27 of the Agreement, Contractor was to obtain a surety bond for vendor performance in an amount equal to one hundred (100) percent of the Agreement price. D. City is satisfied that Contractor has made a good faith effort, without success, to obtain a surety bond for vendor performance in an amount equal to one hundred (100) percent of the Agreement price. E. With the Completion of Phase I of the Agreement, Contractor has attempted, without success, to obtain a surety bond for vendor performance in an amount equal to one hundred (100) percent of City payments for Phase 2 of 212198 d” the Agreement. City is satisfied that Contractor has made a good faith effort in this regard. F. With the completion of Phase 1 of the Agreement, the Parties desire to amend the Agreement to allow the Contractor to post an amount equal to ten (10) percent of the total Agreement price in lieu of the surety bond required by Section Twenty-Seven (27) of the Agreement. NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and obligations set forth herein, the parties hereto agree as follows: 1. Recitals. That the above Recitals are true and correct. 2. Amendment. That Paragraph 27 of the Agreement shall be amended, in its entirety, to read as follows: “27. SURETY FOR CONTRACTOR PERFORMANCE As surety for Contractor performance under this Agreement, Contractor shall provide City with ten (10) percent of the total agreement price or ninety-five thousand six hundred thirty-three dollars ($95,633). The ten (10) percent retention described in Section Four (4) of this Agreement shall serve as the surety for this Agreement, and shall not be considered a retention amount for the purposes of this Agreement. Upon final acceptance by City of Phase 2, City will release the surety amount to Contractor. For the purposes of this Section 27, final acceptance by City of Phase 2 consists of the successful completion by Contractor of Tasks 1.0 through 10.2 that are contained on page 2, of Attachment “D” 3. Authority. The parties executing this Second Amendment on behalf of Contractor represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof. 4. m. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Second Amendment shall be considered severable. In the event any provision, term, condition, covenant, and /or restriction, in whole and in part, in this Second Amendment is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Second Amendment and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Second Amendment and the remainder of this First Amendment shall continue in full force and effect 5. Effective Date. This Second Amendment shall be effective upon the date and year first above written. 212198 7 6. Agreement Provisions. Notwithstanding this Second Amendment, all other provisions of the Agreement shall remain in full force and effect. Acknowledged and Accepted: CONTRACTOR: (name of Contractor) By:& (sign here) slpq.0 &@&@L. (print dame/title) (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: r;:NALD,R\z,xx Deputy City ttorney 212198 B CAIJFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of /22ut4&8 On /- P-&/ personally appeared before me, sqk- /mtvW7&& N&(s) of Signer(s) 0 personally known to me - OR - 0d roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s).acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /4ik&wH~. -+wk-fz &f*#/ /v4 3~&z2!z+rs,/ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: I Signer’s Name: Cl Individual Cl Corporate Officer Title(s): Cl Partner - q Limited 0 General 0 Attorney-in-Fact q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I Cl Individual Cl Corporate Officer Title(s): 0 Partner - q Limited •i General 0 Attorney-in-Fact q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I (D 1994 NaG~nal Notary Associalion - 9236 Remmel Ave.. P.O. Box 7194 l Cancga Park, CA 91309-7194 Prod. No. 5907 Reorder : Call T&Free 1-900-8766827