HomeMy WebLinkAbout1989-341
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RESOLUTION NO.
89-341
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH PEAT MARWICK MAIN &
COMPANY RELATING TO THE RETENTION OF PEAT MARWICK MAIN &
COMPANY TO PROVIDE PROFESSIONAL SERVICES.
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
hereby authorized and directed to execute on behalf of said
City an Agreement with Peat Marwick Main & Company relating
to the retention of Peat Marwick Main & Company to provide
professional services for the City's Data Processing
Division as set forth in their letter of August 23, 1989, a
copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an Adjourned Regular
meeting thereof, held on
the 6th
day of September
, 1989, by the following vote, to
wit:
AYES:
Estrada, Reilly, Flores, Maudsley, Minor
Pope-Ludlam, Miller
NAYS:
None
ABSENT: None
~./~~~P/
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city Clerk
8-25-89
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH PEAT MARWICK
MAIN FOR PROFESSIONAL SERVICES FOR DATA PROCESSING DIVISION
The foregoing resolution is hereby approved this 8th
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day of
September
, 1989.
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/ ~._~
W. R. "B "(Hol1omb, Mayet'
City of San Bernardino
Approved as to form
and legal content:
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9 L7,~
10 r7'y Attorney
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A G R E E MEN T
This AGREEMENT, made as of the
6th
day of
September
, 1989, by and between the City of San
Bernardino, hereinafter called the CITY, and PEAT MARWICK
MAIN & CO., 701 North Haven Avenue, Ontario, California
91764, hereinafter called the CONSULTANT,
WIT N E SSE T H
That WHEREAS, the City intends that Consultant, upon written
authorization
as
hereinafter specified,
shall perform
services as hereinafter provided; which are in accordance
with the project scope and any addenda thereto, as is hereby
made a part of this agreement.
NOW, THEREFORE, the city and the Consultant for the
consideration hereinafter set forth agree as follows:
SECTION I -- PAYMENT AND FEE SCHEDULE
It is understood and agreed by and between the parties
hereto, that the City shall pay the Consultant for services
furnished, and the Consultant shall accept as full payment
for such services, amounts of money computed as follows:
A. The City agrees to pay, and the Consultant agrees
to accept, for the technical and professional
services contained in section II hereof, a sum not
to exceed $26,000.
B. The Consultant shall maintain hourly records of
time worked by its personnel to support any audits
the City may request, and shall bill the City twice
monthly for costs accrued during the preceding
period. Billings shall be separated as necessary
to show direct charges to specific project or jobs.
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Upon submission of such billings to the City, and
approval by the city Project Coordinator, payment
shall be issued. It is understood and agreed that
the city may require a maximum of twenty-one (21)
days to process payment after receiving it in
proper form or on forms provided by the city.
SECTION II
CONSULTANT
RESPONSIBILITIES AND BASIC SERVICES OF THE
A. The Consultant agrees to perform professional
services in connection with project as hereinafter
stated.
B. The Consultant shall serve as the City's profes-
sional Data Processing Manager and shall give
consultation and advice to the City during the
performance of their services.
C. Except as otherwise provided herein, any work to be
performed by the Consultant shall be first author-
ized in writing by the city's designated Project
Coordinator. Said authorization shall set forth
all special conditions and requirements not other-
wise provided for in the Agreement.
D. Time of Performance: The service to be performed
by the Consultant under this Agreement shall be
commenced within thirty (30) days after the date of
the Notice to Proceed from the city and shall be
completed when determined by the City in writing.
E. Scope: The following documents, which comprise the
scope of the Agreement between the City and the
Consultant, are hereby incorporated into this
Agreement by reference.
1. The Peat Marwick Main & Co. letter, dated August
23, 1989, directed to Jim Robbins.
F. The Consultant providing services under this
Agreement will be required to procure and maintain,
at their own expense and without cost to the City,
until final acceptance by the City of all work
covered by the Agreement, the following types of
insurance. The policy limits required are to be
considered to be minimum amounts:
1. COMPREHENSIVE GENERAL LIABILITY INSURANCE policy
with minimum limits of $1,000,000 Combined Single
Limit for each occurrence. This policy should have
a Broad Form Endorsement and include the following
coverages; Blanket Contractual Liability, Broad
Form Property Damage, Completed Operations and
Personal Injury.
2. WORKER COMPENSATION AND EMPLOYER'S LIABILITY INSUR-
ANCE shall cover the obligations of the Consultant
in accordance with the provisions of the Workers
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Compensation Act, as amended, by the state of
California.
3. The Consultant agrees to defend, save and hold the
City harmless from any and all claims, causes of
action, suits and liabilities which arise in
connection with the Consultant's negligent perfor-
mance hereunder, or for any breach of the covenant
to recognized proprietary interest, maintain secur-
ity and privacy, and for non-discrimination.
SECTION III -- THE CITY'S RESPONSIBILITIES
The City shall:
A. Assist the Consultant by placing at his disposal
all available information pertinent to the Project
including previous reports and other data requested
by the Consultant which is within the City's pos-
session and control.
B. Except as otherwise specified herein, give notice
to Consultant within ten (10) days whenever the
city's Project Coordinator observes or otherwise
becomes aware of any defect in the project.
C. Obtain approval of all governmental authorities
having jurisdiction over the Project and such
approvals and consents from other individuals or
bodies as may be necessary for completion of the
Project.
D. Provide suitable work space including telephone.
E. Assign a City Project Coordinator to assist the
Consultant.
SECTION IV
TANT
MUTUAL OBLIGATIONS OF THE CITY AND THE CONSUL-
A. This agreement does not guarantee the Consultant
any work except as authorized in accordance with
Section II above, or create an exclusive consulting
contract.
B. All of the services contemplated under this Agree-
ment are personal and shall not be assigned, sublet
or transferred without the prior written consent of
the City. All persons specifically identified by
Consultant in its letter of August 23, 1989, as
being assigned to the performance of tasks to be
performed under this agreement shall be so assigned
by the Consultant and shall at all times during the
performance of this agreement be assigned to and
responsible for the performance of the tasks
specified in the agreement.
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C. The Consultant and any and all of its personnel
utilized by the City under the terms of this agree-
ment shall remain the agents and employees of the
Consultant and are not, nor shall be construed to
be, agents or employees of the City.
SECTION V -- CHARTER. LAWS AND ORDINANCES
The Consultant, at all times, agrees to observe all
Federal and State Laws, Ordinances, and Charter Provisions of
the City and all rules and regulations issued pursuant there-
to, which in any manner affect or govern the planning and
construction of work contemplated under the Agreement.
SECTION VI -- TERMINATION OF CONTRACT
Termination of Contract for Cause
If, through any cause, the Consultant shall fail to
fulfill in timely and proper manner its obligations under
this Agreement, or if the Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, the
City shall thereupon have the right to terminate this Agree-
ment by giving written notice to the Consultant of such
termination and specifying the date thereof, at least five
(5) days before the effective date of termination. In that
event, all finished or unfinished documents, computer pro-
grams, data, studies, surveys, drawings, maps, models, photo-
graphs and reports or other material prepared by the Consul-
tant under this Agreement shall, at the option of the City,
become the City's property and the Consultant shall be en-
titled to receive just, equitable compensation for any satis-
factory work completed on such documents and other materials.
If the City determines not to accept any of such documents,
Consultant shall not be entitled to any payment.
Termination for Convenience
The City may, for reasons of its own convenience, cancel
all or a portion of this contract upon thirty (30) days prior
written notice to Consultant. Upon such cancellation,
Consultant shall be entitled to just and equitable compensa-
tion for all satisfactory work completed to the effective
date of cancellation.
SECTION VII -- CHANGE ORDERS AND EXTENSIONS
The city may, from time to time, require
scope of the services of the Consultant to
herein, such changes shall first be approved
Section II(c).
changes in the
be performed
as required by
Such changes, including any increase or decrease in the
amount of the Consultant's compensation, which are mutually
agreed upon between the city and the Consultant, shall be
incorporated in written Change Orders or extensions to this
agreement.
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SECTION VIII -- EOUAL EMPLOYMENT OPPORTUNITY
A. The Consultant will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex or national or1g1n. The
Consultant shall adhere to acceptable affirmative
action guidelines in selecting employees and shall
ensure that employees are treated during employment
without regard to their race, color, religion, sex
or national origin. Such action shall include, but
not be limited, to the following: employment,
upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination,
rate of payor other forms of compensation, and
selection for training, including apprenticeship.
The Consultant agrees to post in conspicuous
places, available to employees and applicants for
employment, notices to be provided by the local
public agency setting forth the provisions of this
nondiscrimination clause.
SECTION IX -- SPECIAL CONDITIONS
PROFESSIONAL OPINION
The Consultant warrants that all recommendations, plans
and specifications provided the city are in compliance with
the professional standards of the industry. The city re-
serves the right to accept, decline or require modifications
to recommendations, plans and specifications if deemed in the
City's best interests.
PROJECT DELAYS
The Consultant shall not be held liable for Project
delays caused by the City's failure to per~orm its obliga-
tions in a timely manner if Consultant g1ves the Project
Coordinator notice of such delay within three (3) days of
date Consultant first becomes aware of such delay.
Consultant shall pay $480.00 per day resulting from
Consultant's failure to maintain proper staffing levels, or
from other causes of delay which are within the exclusive
control of the Consultant. It is agreed that City's actual
damages due to such delay are difficult to calculate, but
will be in excess of the sum specified herein and, that the
amount agreed on shall be paid as liquidated damages and not
as a penalty.
FORCE MAJURE CLAUSE
The parties to the Agreement shall be excused from
performance hereunder during the time and to the extent they
are prevented from obtaining or performing the service, by
reason of an act of GOD, fire, or commandeering of material
products plant facilities by the government, when satisfac-
tory evidence is presented to the other party, provided it is
reasonably established by the presentation of facts, that the
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non-performance is not due to the fault or neglect of the
party who is not performing.
RECOGNITION OF PROPRIETARY INTEREST
Consultant understands and acknowledges that during the
performance of its obligations hereunder, it will have access
to computer programs which are used under non-assignable,
non-transferable and non-exclusive license by the city. Said
software is used subject to the proprietary interest of
Creative Computer Systems (CCS), Planning Research Corpor-
ation (PRC) and Ray Morrow. Consultant agrees that it shall
not knowingly, without prior written consent of the City,
CCS, PRC or Ray Morrow directly disclose, proliferate,
provide or otherwise make available, or permit, any dis-
closure, proliferation or provision of or making available
of, the software in any form, in whole or in part, to any
other person, firm, corporation, government agency, associ-
ation or other entity.
NOTICES
Any
Agreement
mailed by
pre-paid,
notices required to be given by the terms of this
shall be deemed to have been given when the same is
certified mail, return receipt requested, postage
addressed to the respective parties as follows:
AS TO CONSULTANT
AS TO CITY
Peat Marwick Main & Co.
701 North Haven Avenue
Ontario, California 91764
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Attention:
Attention: James Robbins
Deputy City Administrator
SECURITY AND PRIVACY
Consultant agrees that none of their officers or em-
ployees shall use or reveal any research or statistical
information furnished by any person and identifiable to any
specific private person for any purpose other than the
purpose for which it was obtained. Copies of such informa-
tion shall not, without the consent of the person furnishing
such information, be admitted as evidence or used for any
purpose in any action, suit or other judicial or administra-
tive proceedings, unless ordered by a court of competent
jurisdiction. City shall be notified immediately upon
receipt of any such order of court, pertaining to production
of such information.
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IN WITNESS WHEREOF, the parties hereto above have executed
this Agreement as of the day and year first above written.
PEAjl[K::
BY: PI
& CO.
Name: ffllc- L. <:::::.P5J.JlWlu
Title: Al,....qPJt1f-
ATTEST: ATTEST:
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Approved as to form
and legal content:
~7~
ty Attorney
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This Change Order No. 1 - Contract with Peat/Marwick for preparation
of RFP, Implementation of Programs was approved on September 6, 1989.
A resolution was not prepared for this change order, but is filed with
resolutions and agreements.
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8COUNCI~
ACTION
CITY OF SAN BERNARDINO - REQUEST
From: James E. Robbins
Deputy City Administrator
Dept: City Administrator
Su~~: Change Order No. 1 contract with
Peat/Marwick-- preparation of RFP,
Implementation of. Programs
Date: August 17, 1989
Synopsis of Previous Council action:
Adopted Resolution 88-400 authorizing agreement with Peat Marwick Main
and Co. for development of a Data Processing 5-Year Plan.
Recommended motion:
That Change Order No. 1 to contract with Peat/Marwick be approved,
authorizing preparation of RFP for Telemanagement, Word Processing
and implementation of Financial Systems, at a cost not to exceed
$63,100.
;/~~ !S;:J~~
Signature
Contact person: James E. Robbins
Phone:
5122
Supporting data atteched:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
$63,100
Source: (Acct. No.!
(p 1~ l 0 3 5"S"l.\ ~f
(Acct. DescriPtion)
Finance: (~ ~
Council Notes:
/1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
At the meeting of October 24, 1988, the Council adopted
Resolution 88-400 authorizing agreement with Peat Marwick
Main & Co. for development of a Data Processing 5-Year Plan.
This agreement provided for change orders as necessary or
appropriate.
The current work program with Peat Marwick is proceeding in
accordance with the schedule set forth in the agreement. As
draft recommendations come forth, action is being taken to
implement them so when the "report" is complete, many recom-
mendations will have been implemented. The study found six
first priority items that need immediate attention. Three
have been addressed through last and current y~ar. One is in
final fixing now, leaving two items. to be addressed.
One is purchase of new software for financial purchasing
personnel activities. The estimated cost is $250 to 300,000
dollars, using existing hardware. The second is to take all
word processing applications off of the existing hardware and
put them on PC based networks. The full implementation of
this activity is estimated at 250,000 dollars.
One of the products of the current work program is a Request
for Proposals (RFP) for hardware/software for the first
priority. Based on the recommendations of the consultants,
the Data Processing Users Committee and approval of the City
Administrator, the preparation of that RFP is proceeding. It
is a RFP for financial-purchasing-personnel software and, if
appropriate, hardware. However, the current thinking
anticipates the continued use of existing hardware for these
applications.
Two other recommendations were made regarding
telecommunications and word processing. These are also top
priority items. Funds have been approved for the
telecommunications equipment/software. The word processing
equipment/software would be considered either on lease
purchase or use of refinance bond monies.
The Telemanagement and Word Processing RFP
implementation costs are as set forth:
and
all
Telemanaaement Word processina Fin. Svstems
Prof. Fees
Out-of-Pocket
Time in Weeks
$7,500-9,500
1,200-1,500
5-6
$25,000-29,000
2,700- 3,000
10-12
$14,000-18,000
1,800- 2,100
To be
determined
Peat Marwick has prepared all of the basic information
regarding user needs, hardware requirements, software
applications, and training needs of the city. They have
extensive experience in each of the various areas we need to
purchase equipment or software. They are experienced in the
competitive procurement process and are not biased toward any
specific vendor or system. Their continued assistance
through purchase and installation will insure we have the
product in place and functional before all payments are made.
It is evident, given the size and
Processing, Purchasing and Administrative
type of assistance is appropriate.
expertise of Data
staffs, that this
It is respectfully recommended that the Mayor be authorized
to sign Change Order #1 to the agreement with Peat Marwick
Main and Co. for preparation of RFP's, vendor Evaluation and
Recommendation and Implementation for Telemanagement, word
processing, and implementation of Financial Systems as set
forth in the deliverables (Attachment A).
~Peat Marwick
Certified Public Accountants
Peat Marwick Main & Co.
725 South Figueroa Street
Los Angeles, CA 90017
Telephone 213 972 4000
Telex 6831572 PMMLA
Cable Address VERITATEM
TeJecopier 213 6221217
August 4, 1989
Mr. James Robbins
Deputy City Administtator
City of San Bernardino
300 Nonh D Street
San Bernardino, California 92418
Dear Jim:
As we discussed, I have prepared a budget for both the Telemanagement and the Word
Processing RFP's. The budget includes implementation assistance for both of these systems.
In addition, I have prepared a budget for the Financial Systems Implementation Assistance.
This assistance would cover the effort as outlined in our original proposal.
Telemanal!ement
Word Processing
Financial Systems
Professional Fees
$7,500-9,500
1,200-1,500
5-6
$25,000-29,000
2,700-3,000
10-12
$14,000-18,000
1,800-2,100
Out-of-Pocket Expenses
Time in Weeks
To be determined
Start and
August 14, 1989
August 21, 1989
Complete
September 29, 1989 October 20, 1989
We would perform all three on a time and materials basis. In all cases we would not exceed the
upper limit in professional fees. As is our customary practice we will bill twice monthly and
will also bill for our out-of-pocket expenses. These are billed in addition to our professional
fees.
.... .....L _
. .
"-Peat Marwick
Mr. James Robbins
City of San Bernardino
August 4,1989
2
They both would include KPMG Peat Marwick making a fmal vendor recommendation. If you
have any questions please feel free to call me on (213) 955- 8944.
Very truly yours,
PEAT MARWICK MAIN & CO.
Kenneth L. Benson
Senior Manager
KLB:rbc
cc: Eric Openshaw
Susanna Doudna
ACCEPTED BY
DATE
(Signature)
(Title)
.,
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CHANGE ORDER f1
This change order is to the agreement between the City and
Peat Marwick Main & Co. dated October 24, 1988. Page 7,
section VII of the agreement, provides for change orders and
extensions. Page 3, Section II C provides that the City
mayor shall authorize change orders in writing. All other
terms and conditions of the agreement apply to this change
order.
This change order provides the city with additional
assistance from Peat Marwick Main & Co. for preparation and
implementation of RFPs for Telemanagement and Word
Processing, and implementation of Financial Systems.
The specific terms are stated in the letter dated August 4,
1989 and Deliverables A 1, 2, and 3.
This change order also changes the party to which notice is
to be given from Stephen Hale, Data Processing Manager, to
James Robbins, Deputy City Administrator/Administrative
Services.
Name
~_~IN
, CO.
l"l<t (,JC,,,,,"'-
Title
W.R. Holcomb
Mayor
C;-/I~n
Date
DBLIVERABLE '1
REQUESTS FOR PROPOSALS
PURPOSE
To define application and hardware requirements to enlist
proposals from qualified vendors.
FORMAT
The format will derive the application sections from the
alternatives, analysis to describe hardware/software require-
ments and will add the appropriate City purchasing
administrative information.
INTRODUCTION
city purchasing requirements
Instructions to vendors
Hardware requirements: by department
Software requirements: by department
FILE:DEL:l:081089 ATTACHMENT A-1
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DELJ:VERABLB f2
VENDOR RESPONSE EVALUATJ:ON AND RECOMMENDATJ:ON REPORT
PURPOSE
To provide the City with
and capabilities and the
vendor selection.
an analysis of the vendor products
reasoning behind the recommended
FORMAT
The format will be adapted to the needs of the vendor
selection process.
Vendor A:
Cost/benefit
Vendor B:
Cost/benefit
Vendor C:
Cost/benefit
Vendor Recommendation:
FlLE:DEL:2:08l089
ATTACHMENT A-2
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DELIVERABLE f3
IMPLEMENTATION PLAN
PURPOSE
To provide guidelines for managing and monitoring the vendor
performance throughout the implementation process.
FORMAT
As described in the work plan, the Implementation Plan
includes a series of deliverables.
Deliverables checklist
Acceptance testing standards and schedule
Training plan requirements
System phaseover plans
Post-implementation support requirements and review
Operations Review Report
ATTACHMENT A-3
FILE: DEL