Loading...
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 -2- 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. _4 - 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. -5- 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. - 7 - 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 -1- • 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. -2-