HomeMy WebLinkAboutCC Resolution 8629 (Data Communications for Police)RESOLUTION NO. 8 6 2 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE SIGNING OF AN
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SAN RAFAEL AND THE WARNER GROUP,
MANAGEMENT CONSULTANTS AT A FEE NOT TO EXCEED
$15,625.00 FOR DATA COMMUNICATIONS - POLICE
PATROL VEHICLES.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS
FOLLOWS:
The Chief of Police and the City Clerk are hereby authorized to execute,
on behalf of the City of San Rafael, an agreement with The Warner Group
to plan for the implementation of data communications in police patrol
vehicles with funding to be derived from the Drug Asset Seizure Fund,
at a fee not to exceed $15,625.00.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council held on Monday, the
16th day of March, 1992, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
92/ 12.DOC
J M. LEONCENI, City Clerk
ORIGINAI �0&29
STANDARD PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 16th day of March , 1992,
by and between the City of San Rafael (hereinafter referred to as "City") and The
Warner Group, an independent contractor (hereinafter referred to as "Consultant").
WITNESSETH:
WHEREAS, the City of San Rafael has need for special services and
professional advice; and
WHEREAS, Consultant is specially trained, experienced, expert and
competent to perform such special services;
NOW THEREFORE, the parties mutually agree as follows:
1. Scone of Services. Pursuant to this Agreement, Consultant shall
provide to City the special services as described in the attached scope of work
(Exhibit A).
2. Compensation. City shall pay to Consultant as compensation in full
for all services performed and expenses incurred by Consultant pursuant to this
Agreement the sum of $15,625. Payments by the City shall be made within fifteen
(15) days after the receipt of the statement from Consultant required by paragraph 3
herein.
3. Billing. Consultant shall submit to the City, on a monthly basis, a
detailed statement of fees and expenses for the preceding period.
4. Additional Services. Consultant may be requested by the City to
perform additional services outside the Scope of Work (Exhibit A). In such event,
Consultant will prepare a written estimate of the time and fees to complete the
work. Consultant shall not initiate any additional work without the specific written
authorization of the City. Additional consulting services will be based upon Consul-
tant's current standard composite hourly rates which is $125. It is agreed that
Consultant's standard hourly rates may be increased by an amount not to exceed ten
percent (10%) on each anniversary date of the Agreement.
COPY
S. Term of Agreement. This Agreement shall commence on 4-1-92
and shall terminate on 3-31-93, unless said work is completed on a date prior
thereto or unless terminated earlier as provided herein.
6. Independent Contractor. It is understood and agreed that the
Consultant is, and at all times shall be, an independent contractor and nothing
contained herein shall be construed as making the Consultant, or any individual
whose compensation for services is paid by the Consultant, an agent or employee of
the City, or authorizing the Consultant to create or assume an obligation for or on
behalf of the City.
7. Termination of Agreement for Convenience of Either Party. Either
party may terminate this Agreement at any time by giving to the other party 30 days
written notice of such termination. Termination shall have no effect upon the rights
and obligations of the parties arising out of any transaction occurring prior to the
effective date of such termination. In the event of termination, all finished or
unfinished data, studies, reports and other items prepared by Consultant shall
become the property of the City and Consultant shall promptly deliver such items to
the City. Consultant shall be paid for all work satisfactorily completed prior to the
effective date of said termination.
8. Termination of Agreement for Cause. If Consultant fails to perform
Consultant's duties to the satisfaction of the City or if Consultant fails to fulfill in a
timely and professional manner Consultant's obligations under this Agreement or if
Consultant shall violate any of the terms or provisions of this Agreement or if
Consultant, Consultant's agents or employees fail to exercise good behavior either
during or outside of working hours that is of such a nature as to bring discredit
upon the City, then City shall have the right to terminate this Agreement effective
immediately upon the City giving written notice thereof to the Consultant. Termina-
tion shall have no effect upon the rights and obligations of the parties arising out of
any transaction occurring prior to the effective date of such termination. In the
event of termination, all finished or unfinished data, studies, reports and other items
prepared by Consultant shall become the property of the City and Consultant shall
promptly deliver such items to the City. Consultant shall be paid for all work
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satisfactorily completed prior to the effective date of such termination. If City's
termination of Consultant for cause is defective for any reason, including but not
limited to City's reliance on erroneous facts concerning Consultant's performance, or
any defect in notice thereof, City's maximum liability shall not exceed the amount
payable to Consultant under paragraph 2 above.
Consultant:
9. Citv Responsibilities. City shall provide the following assistance to
a. A project manager to whom all communications shall be
addressed and who shall have project responsibility for the City during the term of
this Agreement.
b. Facilities and equipment, including office furniture, telephone
and access to a facsimile machine and copier, that will allow Consultant to perform
the services required under this Agreement in an efficient and timely manner.
C. Necessary access on a timely basis to personnel in various City
departments for interviews, questions, consultation, document review and other
forms of participation in the project.
d. Prompt notice to the Consultant whenever the City observes or
otherwise becomes aware of any defect in the services or deliverables provided
under the terms of this Agreement.
10. Equal Emplovment Onvortunity. During the performance of this
Agreement, the Consultant agrees that it will not discriminate' against any employee
or applicant for employment because of race, color, age, religion, sex, national
origin, handicap or veteran status.
11. Entire Agreement and Modification. This Agreement supersedes all
previous Agreements and constitutes the entire understanding of the parties hereto.
Consultant shall be entitled to no other benefits than those specified herein. No
changes, amendments or alterations shall be effective unless in writing and signed
by both parties. Consultant specifically acknowledges that in entering into and
executing this Agreement, Consultant relies solely upon the provisions contained in
this Agreement and no others.
BE
12. Non -Assignment of Agreement. Inasmuch as this Agreement is
intended to secure the specialized services of the Consultant, Consultant may not
assign, transfer, delegate or sublet any interest therein without the prior written
consent of City and any such assignment, transfer, delegation or sublease without
the City's prior written consent shall be considered null and void.
13. Covenant. This Agreement has been executed and delivered in the
State of California and the validity, enforceability and interpretation of any of the
clauses of this Agreement shall be determined and governed by the laws of the State
of California. All duties and obligation of the parties created hereunder are perform-
able in Marin County and such County shall be the venue for any action or proceed-
ing that may be brought or arise out of, in connection with or by reason of this
Agreement.
14. Arbitration. All claims or disputes between the City and the
consultant relating to this Agreement shall be decided by arbitration pursuant to the
current provisions of the California Code of Civil Procedure and any successor
statues. The Decision of the arbitrator shall be final and binding on the parties. In
interpreting the provisions of this Agreement, the arbitrator may make an award of
costs and fees, including attorney's fees necessitated by arbitration.
15. Enforceabilitv. If any term, covenant, condition or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired or invalidated thereby.
16. Emplovment Status. Consultant shall, during the entire term of the
Agreement, be construed to be an independent Contractor and nothing in this
Agreement is intended nor shall be construed to create an employer-employee
relationship, a joint venture relationship, or to allow City to exercise discretion or
control over the professional manner in which Consultant performs the services
which are the subject matter of the Agreement; provided always however that the
services to be provided by Consultant shall be provided in a manner consistent with
all applicable standards and regulations governing such services.
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17. Indemnitv. Consultant shall indemnify, defend and hold the City
harmless from and against liability arising from Consultant's negligent acts, errors,
or omissions in performance of the work, or for willful or intentional misconduct
relating to activities carried out pursuant to or in connection with this Agreement.
18. Warrantv of Consultant. Consultant warrants that Consultant and
each of the personnel employed or otherwise retained by Consultant are properly
certified and licensed under the laws and regulations of the State of California to
provide the special services herein agreed to.
19. Insurance. Consultant shall obtain and maintain for the entire term
of Agreement comprehensive general public liability insurance, in companies
acceptable to the City, authorized to issue such insurance in the State of California.
Said insurance shall consist of the following:
a. Liability Insurance: Consultant shall maintain in full force and
effect, for the period covered by this Agreement, comprehensive general liability
insurance. This comprehensive general and automobile liability insurance shall
name the City, its officers, agents and employees as additional insureds and shall
include, but not be limited to protection against claims arising from bodily and
personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles.
The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence.
b. The following requirements apply to all insurance to be
provided by Consultant:
(1) A certificate of insurance shall be furnished to the City within
30 days of the execution of this Agreement.
(2) Certificates and policies shall state that the policies shall not
be cancelled or reduced in coverage or changed in any other
material aspect without thirty (30) days prior written notice
to City.
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c. If Consultant fails or refuses to procure or maintain the
insurance required by this paragraph or fails or refuses to furnish City with required
proof that insurance has been procured and is in force and paid for, City shall have
the right, at City's election, to forthwith terminate this Agreement.
20. Delays. The Consultant shall not be held liable for delays in the
Project caused by the City's failure to perform its obligations in a timely manner. A
project schedule to be agreed upon by the City and the Consultant shall specify the
time periods in which the City's performance can affect the Consultant's time
schedule. In the event that the Project Schedule is delayed more than 30 days,
through no substantive fault of the Consultant, Consultant shall have the right to
request a review of the Project Schedule and the scope of services under this
Agreement. Such review shall be conducted with the Project Manager and other
necessary City officials and may result, if mutually agreed upon in writing, in a
formal revision of the Project Schedule and a change in the Consultant's fees and
expenses as described in paragraph 2 herein.
21. Records.
a. Consultant shall keep complete and accurate records for the
services performed pursuant to this Agreement and any records required by law or
government regulation and shall make such records available to City upon request.
b. Consultant shall assure the confidentiality of any records that
are required by law to be so maintained.
c. Consultant shall prepare and forward such additional or
supplementary records as City may reasonably request.
22. Notices. Any notice required to be given pursuant to the terms and
provisions hereof shall be in writing and shall be sent first class mail to the City at:
Lieutenant Gene Pennington
Information Services Bureau
Commander
Police Department
City of San Rafael
Post Office Box 151560
San Rafael, California 94915-1560
and to the Consultant:
Mr. Howard J. Goodman, President
The Warner Group
5950 Canoga Avenue, Suite 600
Woodland Hills, California 91367
FAX (818) 710-1467
23. Findinzs Confidential. No reports, information, documents, or any
other materials given to or prepared by Consultant under this Agreement which City
requests in writing to be kept confidential, shall be made available to any individual
or organization by Consultant without the prior written approval of City. However,
Consultant shall be free to disclose such data as is publicly available.
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement on the day and year first hereinabove set forth.
ATTEST:
J�6NNE M. LEONCINI
City Clerk
APPROVED AS TO FORM:
1. /7 r ,
GARY T. RAGGHIANTI
City Attorney
CITY OF SAN RAFAEL:
LU�JL CA-��
Henry W. Ingwersen
Chief of Police
CONSULTANT: THE WARNER GROUP
Attachments (2)
1. Exhibit "A' - Proposal from Consultant.
2. Resolution.
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asident
EXHIBIT A
SCOPE OF WORK
Our work program includes all the steps necessary to analyze your present radio
communications systems needs and resources and develop a plan for the implemen-
tation of a mobile data communications systems. We would perform the following:
1. Determine Communications System Needs - As a first step, we would
interview appropriate Department management and operations personnel
to discuss current and future needs and to develop a clear understanding
of the interrelationships of systems and users. Our primary focus would
be on dispatch operations, field communications, access to critical infor-
mation system resources such as SR CARD with interfaces to CJIS and
CLETS,and the use of mobile data communications systems. We also
would identify strategic issues critical to communications systems func-
tionality and capacity planning.
2. Review and Evaluate Present Systems - Next, we would analyze in detail
existing radio communications systems equipment operated by the Police
Department for dispatch and critical information access functions. We
would review the CAD and PC LAN systems and their ability to provide
interfaces to mobile data systems and the county message switch. During
this step, we would assess the current and planned systems capabilities to
support the Department's needs and growth plans.
3. Document and Prioritize Needs and Requirements - Based upon our inter-
views, fact-finding and our experience with comparable agencies, we
would define the mobile data communications systems requirements. We
also would document the present and future activity volume statistics in
order to gauge the required system configuration. We would recommend
the priority sequence of the established needs and requirements with
respect to mutually agreed-upon criteria. Consideration would be given
to departmental priorities, ease of conversion, effect upon current opera-
tions and other factors.
4. Analyze Alternative Approaches - During this activity, we would utilize the
results of the preceding steps to prepare a general design of the required
mobile data system. This conceptual model of the system would be in
sufficient detail to facilitate the technical and financial comparison of the
available alternative approaches. We would consider various approaches
including:
Use of the Existing 800 MHz Radio System
Acquiring Additional 800 MHz Channels
Alternative Radio Sites and Facilities
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• Integration and Interfaces with Communications Center Equipment,
SR CARD and PC LAN
• Use of Mobile Status Terminals (MSTs)
• Use of Mobile Data Terminals (MDTs)
• Use of Mobile Data Computers (MDCs)
• Use of Mobile Data Laptops
• Communications Security
• Operational and Staffing Considerations
• Training Issues
• Other Appropriate Technologies
5. Prepare Cost/Benefit Analysis - Next, we would prepare an economic
analysis of the developmental and operational costs and benefits resulting
from the recommended approaches.
Estimated costs, presented in broad ranges, would be included for the
following:
• Systems Development
• Hardware and Software
• Communications Costs
• Implementation and Maintenance
• Professional Assistance
• Ongoing Operations
• Other (Training, Security Equipment, etc.)
6. Prepare Findings and Recommendations Report - After the preceding work
was completed, we would prepare a formal report and plan documenting
our findings and recommendations. As part of the recommendations
report, we would develop an implementation plan including a list of the
tasks required to implement the recommendations and their target date
for completion.
In addition to the written report, we would orally present our findings
and recommendations to Department management.
Following completion of the report, The Warner Group is able to assist the City in
the design, selection and procurement of new systems as well as contract negotia-
tions with selected vendors and implementation of the systems as may be appropri-
ate. We would be pleased to provide a detailed work program for these tasks once
the findings and recommendations report has been completed.
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