HomeMy WebLinkAbout1990-383
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RESOLUTION NO. <7o~.3gJ
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH OMNICOM, INC. TO PERFORM CONSUL-
TING SERVICES RELATING TO THE PROVISION OF SPECIFIC ENGINEERING
COMMUNICATIONS SERVICES IN SUPPORT OF THE PROJECT TITLED "WORK
PLAN FOR THE CITY'S 800 MHZ RADIO COMMUNICATION SYSTEM AND
MOBILE DATA TERMINAL SYSTEM".
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said city
8 an agreement with Omnicom, Inc. to perform consulting services
9 relating to the provision of specific engineering communications
10 services in support of the project titled "Work Plan For The
11 City'S 800 MHZ Radio Communication System and Mobile Data Term-
12 inal System", a copy of which is attached hereto marked Exhibit
13 "A" and incorporated herein by reference as fully as though set
14 forth at length.
15 SECTION 2. The authorization to execute the above
16 referenced agreement is rescinded if the parties to the agree-
17 ment fail to execute it within sixty (60) days of the passage of
18 this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the city of San
22 Bernardino at a J't<dk(;d)
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23 17 Ii day of /Y'lS:;1/i,i,i<v:
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meeting thereof, held on the
, 1990, by the following vote,
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28 September 10, 1990
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RESOLUTION AUTHORIZING AN AGREEMENT WITH OMNICOM,INC. .TO PERFORM
PERFORM C9NSULTIN~ SERVICES.
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COUNCIL MEMBERS
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
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NAYS
ABSTAIN
Q,c"--~fL. : )y''''-0''''.-c/'
CITY CLERK U
III ;L
foregoing resolution
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day of ,~k'1/
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JAMES F. PENMAN
City l\t\torney
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by: ikz.1rvo 7-. f c:-,..~.
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The
is hereby approved this
, 1990.
Approved as to form and legal content:
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27 Sept. 10, 1990
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A G R E E MEN T
THIS AGREEMENT is made and entered into this
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1 of 6--~~ , 1990, by and between the CITY OF SAN BERNARDINO,
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a municipal corporation,
300 North "D" Street, San Bernardino,
California 92418, (herein referred to as "City"), and OMNICOM,
4 INC., 325 John Knox Road, suite E-204, Tallahassee, FL
5 (herein referred to as "Consultant).
6 city and consultant agree as follows:
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1. General Description of Work to be Done.
City hereby engages Consultant, and Consultant hereby
9 accepts such engagement,
to perform
the services herein
10 described for the compensation herein provided.
Consultant
11 hereby assures and covenants to City that they have the
12 qualifications, experience and facilities to properly perform
13 said services, and hereby agrees to undertake and complete the
14 performance thereof for the compensation herein provided.
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2. Term.
The term of this agreement shall commence on execution of
17 this agreement by both parties. The anticipated term of the
18 agreement is 2 years and end September 17, 1992. However, this
19 agreement may be extended on a month-to-month basis for a
20 maximum of six (6) additional months upon the express written
21 consent of Consultant to such extension and the approval thereof
22 by the Mayor.
However, if the term of the agreement is
23 increased, there will be no change in the maximum total
24 compensation.
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3. Payment and provision for Payment
A. Maximum Compensation
27 (1) Maximum total compensation to be paid under this
28 agreement shall be $8,863 for the development of the long range
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radio communication plan and $24,724 for the development of the
Mobile Data Systems plan as outlined in Consultant's cost
proposal, attached hereto, marked Exhibit "B".
Payment to Consultant for services provided under this
agreement shall be on a monthly basis with project costs iden-
tified by Consultant in four expense categories: direct en-
gineering expense; travel; perdiem expense; general &
Administrative expense; and profit/fee expense.
B. Manner of Compensation
(1) The Consultant shall submit an invoice for pay-
ment to the City Administrator's office in such manner that Con-
sultant shall be paid monthly.
(2) Consultant shall assume and pay all out-of-pocket
expenses and costs of performing services under this agreement
except as otherwise specifically provided herein, and city shall
not be liable for any such costs and expenses.
4. General Description of Work to be Done.
city hereby retains Consultant to perform appropriate
communications surveys; needs assessments, analyses, design &
comprehensive planning necessary to meet the requirements of the
City of San Bernardino as it relates to the development of a
comprehensive Radio Communication Plan.
Included, will be the development of a comprehensive plan
for Mobile data terminals involving needs assessments, inter-
views, design, resolving all FCC licensing issues and preparing
a statement of work. The optimum system configuration(s) that
will meet the existing and long term communications requirements
of the City of San Bernardino will be identified.
The result will be the provision of both short and long
term comprehensive solutions to the City of San Bernardino
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communication system needs.
5. Amendments.
This agreement may be amended or modified only by written
agreement executed by both parties.
6. Assiqnment.
Consultant's rights under this agreement shall not be
assigned by Consultant to any other person, firm or corporation
without the prior written consent of the city.
7. Relationship of Parties.
Consultant is acting as an independent contractor, and
not as an employee of the city. In the performance of personal
services pursuant to the provisions of this agreement, Consul-
tant shall not be supervised, directed, or under the control or
authority of any city officer or employee, except and to the
extent as may be expressly or implicitly required by the terms
and provisions of this agreement. Any direction or control so
required under this agreement shall be limited to broad objec-
tives or goals of the project or program to be accomplished and
not to the details and procedures to accomplish such objectives
or goals. Consultant shall not be obligated to conform to the
supervision or direction of City officers or employees which are
not authorized herein. Changes or modifications of said objec-
tives and goals may be made by written recommendation of either
party subject to the concurrence of the other party in writing.
8. Hold Harmless.
Consultant shall indemnify and hold harmless, the city,
its elective and appointive boards, commissions, officers,
agents and employees from any liability for damage, personal
injury or death arising out of any willful or negligent act,
error or omission of the Consultant incidental to the
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performance of the Consultant's professional services under this
agreement. Neither Consultant nor any of its subconsultants
will be liable under this section for damage, personal injury or
death directly caused or resulting from the sole negligence of
the City or any of its elective and appointive boards,
commissions, officers, agents and employees.
The Consultant shall not commence any work pursuant to this
agreement until all insurance required under this section has
been obtained and such insurance has been approved by the city.
The Consultant shall maintain during the term of this Agreement
the following insurance:
A. Automobile Liability Insurance covering all owned,
non-owned and hired vehicles used in connection with the work in
an amount not less than $300,000 combined single limit per
occurrence for bodily injury and property damage.
B. Professional Liability Insurance in the amount of
$250,000 with deductible per claim, if any, not to exceed ten
percent (10%) of the limit of liability providing for all sums
which the Consultant shall become legally obligated to pay as
damages for claims arising out of the services performed by the
Consultant or any person employed by the Consultant in connec-
tion with this Agreement.
C. Public Liability Insurance, on a comprehensive basis,
in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. The policy
must be endorsed to show the City of San Bernardino as
additional insured.
The Consultant shall furnish certificates of insurance to
the city prior to the commencement of operations, which certifi-
cates shall be effective without thirty (30) days prior written
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notice to the city.
9. Attornev's Fees.
In the event an action is filed by either party to
enforce rights under this agreement, the prevailing party shall
be entitled to recover reasonable attorney's fee in addition to
any other relief granted by the court.
10. Terminated bv citv.
Notwithstanding any other provision of this Agreement,
the city, by notifying Consultant in writing, may terminate all
or a portion of the services agreed to be performed under this
Agreement with or without cause. Consultant shall be given five
(5) days written notice for failure of Consultant to perform
obligations under the contract in a satisfactory manner, and
thirty (30) days written notice if termination is for other
reasons. Notice shall be mailed posted to the address set forth
herein for the receipt of notices. In the event of any
termination, Consultant shall have the right and obligation to
immediately assemble work in progess and forward same to the
city. All charges outstanding at the time of termination shall
be payable by the city to Consultant within thirty-five days
following submission of final statement by the Consultant.
11. Acceptance of Final pavment Constitutes Release.
The acceptance by Consultant of the final payment made
according to the terms of this Agreement shall operate and be a
release to the city, and every employee and agent thereof, from
all claims and liabilities to Consultant for anything done or
furnished for or relating to the work or services, or for any
act or failure to act of the city relating to or arising out of
work and this agreement.
12. Acknowledqement.
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(a) Consultant acknowledges and agrees that city is the
sole and exclusive owner of all rights and remedies in and to
certain confidential ideas and secrets concerning the operations
of city, any products or information resulting, in whole or in
part, from the work performed under this agreement, and all
products or information derived or to be derived from said work,
regardless of whether city's or Consultant's work is subject to
patent, copyright, or either protection.
(b) In the event that any work performed under this
agreement is or becomes the subject of a patent application,
patent, copyright, or other rights under the laws of the united
states or any other country, Consultant agrees and understands
that city shall have all rights and remedies available to city
under the law as a result of such patent applications, patents,
copyrights, or either rights.
13. Confidentiality and Non-Disclosure.
(a) Consultant acknowledges that during the Consulta-
tion, Consultant has had and/or shall have access to and has
become and/or shall or may become aware of secret information.
Consultant agrees to hold in confidence all such secret infor-
mation disclosed to Consultant or developed by Consultant in
connection with the work performed under this agreement, either
in writing, verbally, or as a result of the Consultant except:
(1) Information which, at the time of disclosure,
is in the public domain or which, after disclosure, becomes part
of the public domain by publication or otherwise through no
action or fault of Consultant; or
(2) Information which Consultant can show is in its
possession at the time of disclosure and was not acquired,
directly or indirectly, from city;
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(3) Information which was received by Consultant
from a third party having the legal right to transmit that in-
1 formation. Nothing in this paragraph is intended to nor shall
2 make confidential records or information which is otherwise made
3 open to public inspection by law.
4 (b) Consultant shall not, without the written permission
5 of the city Administrator, use the secret information, which
6 Consultant is obligated hereunder to maintain in confidence, for
7 any reason other than to enable Consultant to properly and com-
8 pletely perform under this agreement.
9 (c) Consultant shall not reproduce or make copies of
10 the secret information or Consultant's output, except as re-
11 quired in the performance of this agreement. Upon termination
12 of the agreement for any reason whatsoever, Consultant shall
13 promptly deliver to city all correspondence, drawings, blueprint
14 manuals, letters, notes, notebooks, reports, flow-charts,
15 programs, proposals, or documents concerning city.
16 (d) Except as may be required for performance of this
17 agreement, Consultant shall not, during or at any time subse-
18 quent to this agreement, unless city has given prior written
19 consent, disclose or use the secret information or engage in or
20 refrain from any action, where such action or inaction may
21 result (1) in the unauthorized disclosure of any or all such
22 secrets to any person or entity; or (2) in the infringement of
23 any or all such rights.
24 (e) Consultant shall immediately notify city of any
25 information which comes to Consultant's attention which does or
26 might indicate that there has been any loss of confidentiality
27 of such secrets or breach of such rights.
28 (f) Consultant shall limit the disclosure of the secret
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information to those persons in Consultant's organization or the
city, who have a need to know all or part of the secret informa-
tion. Consultant shall make such disclosure to each such person
limited to that portion of the secret information that that
person needs to know. Consultant shall inform each such person
of the provisions of this agreement regarding secret information
and shall make reasonable efforts to insure that each such
person shall abide by those provisions.
14. Notices
Any notice required to be given hereunder shall be deemed
to have been given by depositing said notice in the united state
mail, postage prepaid, and addressed as follows:
city:
Shauna Edwins, City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Consultant:
OMNICOM, INC.
325 John Knox Road
suite E-204
Tallahassee, FL 32303
Nothing in this paragraph shall be construed to prohibit the
giving of such notice by personnel service.
15. Entire Aqreement.
This contract constitutes the entire Agreement between
city and Consultant and may be modified only by further written
agreement between the parties.
IN WITNESS WHEREOF, this Agreement has been executed by
the parties effective as of the date and year first above
written.
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AGREEMENT WITH OMNICOM, INC. TO PERFORM CONSULTING SERVICES
FOR THE, .CITY.OF SAN BERNARDINO.
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Approved as to form
and legal content:
JAMES F. PENMAN
CITY ATTORNEY
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BY: i.-f.Z~}.-'<'
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7. /2-1-q,~_
09/11/90
CITY OF SAN BERNARDINO, a
Municipal Corporatio or
the State of Calif nia
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CITY OF SAN BERNARDINO
PROPOSAL
AND
WORK PLAN FOR THE CITY'S
800 MHz RADIO COMMUNICATION SYSTEM
August, 1990
OMNICOM, Inc.
Telecommunications Engineering
Wood crest Office Park
325 John Knox Road, Suite E-204
Tallahassee, Florida 32303
(904) 386-3180
EXHIBIT "A"
1.0 PROJECT WORK PLAN
This proposal describes the detailed tasks that will be performed in order to
implement an 800 MHz radio system for the City of San Bernardino.
Although we identify a specifiC approach and describe how all required tasks will
be accomplished. some modifications may be required as we become more
familiar with the factors that will affect the project. In this respect, we are flexible
and are prepared to modify our approach to satisfy the City's needs and
requirements and the evolving performance oriented objectives as they are
developed in conjunction with the City of San Bernardino Project Director.
1.1 Project Management
OMNICOM, Inc. proposes to use the system approach to this program, utilizing
system specialists as project engineers working under the direction of a project
manager.
The project manager will coordinate, schedule and manage the project personnel
and provide liaison with the City Project Director.
OMNICOM recognizes the importance of having a dedicated project manager and
has selected an individual who possesses the managerial and technical skills that
are necessary for project success. He will regularly follow the project progress
and coordinate with the City Project Director to report progress and receive
instructions, feedback and guidance as necessary for the successful
accomplishment of the project's goals and objectives.
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1.1 Project Management (Continued)
It is also recognized that a number of specialized skills are necessary for this
project, such as extensive experience in land mobile radio communications system
implementation, public safety and municipal communications operations and
management, command and control systems, microwave transmission systems,
computer aided dispatch systems, mobile data systems, and experience in
establishing multi-agency multi-disciplinary communications systems.
For this reason OMNICOM has developed a project team consisting of a highly
qualified project manager and project engineers supported by technical specialists
in key skill areas that may be required to perform specific sub-elements of the
project.
1.2 Project Personnel
For this project, OMNICOM proposes to apply top public safety 800 MHz radio,
microwave, and computer engineering and management personnel to the full
spectrum of requirements that are contained in the Request for Proposal.
The OMNICOM project team proposed for this project consists of the following
personnel:
Project Manager, Land Mobile Radio Systems - Mr. Gene Buzzi
Senior Project Engineer, 800 MHz Land Mobile Radio Systems.
Mr. Tom Pomeroy
Project Engineer, 800 MHz Radio Systems and Communications Centers -
Mr. George Brosseau
EXHIBIT "A"
1.3 WOrk Plan Overview (Continued)
Phase 11A. Comprehensive Plan
Phase IIA will develop and formalize the long range radio communications plan for
the City of San Bernardino. This plan is described as follows:
"City of San Bernardino Comprehensive Radio Communications Plan": This plan
will describe the selected radio system configuration, short term and long term
recommendations, communications center configuration and appropriate interfaces
with Computer Aided Dispatch, Criminal History Data Bases, and peripheral sub-
systems, cite the advantages and disadvantages of the chosen configurations,
provide overall cost estimates, and a phased, multi-year implementation schedule
to identify annual budgetary requirements.
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PHASE II MOT COMPREHENSIVE PLAN
11.1 Perform n..ds .ssessment and interview Police Department and Fire Department
personnel regardlnQ the requirements, capabilities, Interfaces and features of the
MOT system.
11.2 Coordinate requirements with MOl and the Police Department and Fire
Department.
11.3 Coordinate site usage agreement with the County for the use of their facilities at
Uttle Mountain.
11.4 Perform preliminary design, coverage prediction models, interference prediction
models and costs to verify overall system concept viability and cost.
11.5 Prepare the MDT system segment of the City's comprehensive communications
plan for review and approval.
PHASE 11\ MDT SYSTEM DESIGN AND SPECIFICATIONS
Ill. 1 Perform detailed design of the MDT system incorporating the existing microwave
hop between City Hall and Uttle Mountain, locations of fixed RF equipment at both
ends, redundancy and MOT Interfaces.
1lI.2 Prepare FCC Ucense Application:
. Forward the license application to the FCC via the APCO frequency
coordinator.
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PHAse III MDT SYSTEM DESIGN AND SPECIFICATIONS (Continued)
1113. Prepare I statement of work (SOW) for MOl. This document Is similar to a
specification. and It describes to MOl. the system requirements that must be met
in their system design, installation, implementation and operation.
111.4 Prepare an agreement between the City of San Bernardino and MOl that Includes
the provisions, conditions and schedule of the system procurement. (Note: The
SOW Is generally an attachment to the agreement.)
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EXHIBIT "S"
cost Detail, Phase II. MDT NHclI Assessment, Interviews and Comprehensive Plan
QJAEeT ENGI~G EXPENSe
Senior Project Engineer, 106 Hr.. @ $ 42
Engineering Overhead @ 55%
$ 4,462.00
2.448.60
$8,900.60
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2 Round Trip Travel Expenses @ $958
6 Man Days Per Diem @ $105
6 Automobile Rental @ $ 65
$ 1 ,916.00
630.00
390.00
$ 2.936.00
$ 1,082.03
PAOFIT~XPENSE
Profrt/Fee @ 10%
$ 1 ,091.86
TOTAL, PHASE II
$ 12,010.49
Cost Detail, Phase III . MDT SV-tam Design and Specifications
Senior Project Engineer. 140 Hrs. @ $ 42
I!nglneerln~ Ovlllllltl<lJ @ 55%
IBAVEL ANI) ~ DIEM EXPENSES
1 Round Trip Travel Expenses @ $958
2 Man Days Per DIem @ $105
2 Automobile Rental @ $ 65
General and Administrative Expense @ 11 %
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Profit/Fee @ 10%
TOTAL, PHASE III
$ 6,880.00
9,20.4.00
$ 958.00
210.00
130.00
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$ 9,114.00
$ 1,298.00
$ 1,145.32
$1,155.73
$ 12,713.05
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2.1 Cost Detail, Phase IIA . Development of Comprehensive Plan
DIRECT ENGINEERING EXPENSE
Project Director, 40 Hrs. @ $45
Senior Project Engineer, 8 Hrs. @ $42
Project Engineer, 40 Hrs. @ $40
Engineering Overhead @ 55%
TRAVEL AND PER DIEM EXPENSES
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1 Round Trip Airline Fare @ $958
3 Man Days Per Diem @ $105
3 Days Rental Vehicle @ $65
GENERAL AND ADMINISTRATIVE EXPENSES
General and Administrative Expense @ 11 %
PROFIT/FEE EXPENSE
Profit/Fee @ 10%
TOTAL, PHASE IIA
$ 1,800.00
336.00
1,600.00
2,054.80
$ 958.00
315.00
195.00
$ 5,790.80
$ 1,468.00
$ 798.47
$ 805.73
$ 8,863.00