HomeMy WebLinkAbout1985-013
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RESOLUTION NO. 85-1~
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH COMMUNICATION RESOURCES COMPANY,
RELATING TO TELEPHONE CONSULTING SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
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execute on behalf of said City an agreement with Communication
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Resources Company, relating to telephone consulting services,
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which agreement is attached hereto, marked Exhibit "1" and
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incorporated herein by reference as fully as though set forth at
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length.
1 HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernard ino at a
reg1..] Jar
meeting thereof, held on
the
Jr:.D'"1d.r't'
, 1985, by the following
2J."t day of
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AYES:
Council Members
Rej 11.;.:.. HE~"t~n?ndez. ;.1;;:-';-1..,,;,
--9nieJ. F:razicl- St:r-lr.k1e:,:,
NAYS:
i\~one
ABSENT:
1"".:()1Jr.\ci.l Mefilbnr (~,-;;:,s'i-.rr<e('1..4.
.#h4:1l(/<~$b _
e1 ty ClerK
The foregoing resolution is hereby lis ;Z3,~1
day of
,-ian1],Clr\_"'
ayor o.
AA;;2J;P~
Ci tf1ttorney
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AGREEMENT
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TELEPHONE CONSULTING SERVICES
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AGREEMENT is entered into this
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day of
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, 1985, by and between the CITY OF SAN
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einafter referred to as "City", and COMMUNICATION
RESOURCES COMPANY, hereinafter referred to as "Consultant".
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7 1. Recitals. The City desires to undertake a study to
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8 I determine the long range cost effectiveness of a Ci ty-owned
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9 II telephone system. The City desires to achieve a lower cost of
10 II telephone service and to improve the system's capabilities by
11 incorporating new technology. If the cost effectiveness study
12 results in a recommendation to acquire a new system, or a
13 redesign of the present system, it will be desired that
14 Consultant provide technical assistance in the procurement and
15 installation processes.
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2. Scope of Work. The Consultant wi 11 conduct telephone
17 system consulting services for City as stated in their proposal
18 to the City dated December 14, 1984, and amendment letter dated
19 January 9, 1985, attached hereto, incorporated herein by
20 reference, and marked respectively Exhibits A and B. The
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proposal was submitted in response to bid specification number F-
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184-37, the terms of which are incorporated herein by reference.
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II The bid specification is on file in the Office of the Purchasing
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II Agent.
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I within sixty days of the contract award date:
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I telephone equipment and services and compare against GTE's
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The study is to be conducted in three phases.
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Phase 1.
Needs assessment analysis.
Consultant shall,
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(A)
Inventory and audit the City's existing
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itemized billing records in order to validate current costs.
(B) Define the features and costs of the City's
present system and estimate 10-year costs of operation.
(C) Estimate 10-year costs of a City-owned system
with features equivalent to the present system, including both
purchase and lease/purchase methods of acquisition.
(D) Identify new system performance features
which may be desirable to the City. With the Telephone Advisory
Committee, determine level of acceptance of such features, and
estimate 10-year costs for such features, for both purchase and
lease/purchase acquisition.
(E) Evaluate alternative methods of financing a
new system.
(F) Prepare and submit ten copies of a report
comparing the acquisition alternatives and recommending a system
and a form of acquisition. The report will include a glossary of
terminology.
(G) Identify any possible opportunities or
problems with a communications link to the City's MicroData 9000
computer system.
(H) Perform the three "optional" studies set
forth in full on pages 13 and 14 of Exhibit A.
It is expressly understood and agreed that if the City
elects not to proceed to Phase 2 or 3, City is under no legal,
financial or other obligation to do so, and this agreement shall
terminate.
Phase 2. Procurement assistance. If requested by
City, Consultant shall:
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(A) Design and draft specifications for the
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system best able to meet the present and future needs of the
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City.
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(B) Prepare a draft Request for Proposals for
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equipment acquisition. Incorporate changes suggested by the
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City's Telephone Advisory Committee.
(C) Assist in identifying potential bidders.
(D) Participate in a pre-bidding conference as
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the City's technical advisor.
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(E) Perform site visits to evaluate previous
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(F) With the Telephone Advisory Committee, assist
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in evaluating bidder proposals.
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(G) Assist in the preparation of a contract and
maintenance agreement.
Phase 3. System implementation. If requested by City,
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(A) Act as the City's technical advisor during
19 the installation and acceptance of the system.
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21 the system.
(B) Supervise the testing and implementation of
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(C) Develop methods to ensure satisfactory
performance,
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as the need for consistently satisfactory operation
maintenance and repair response will be a major
25 consideration in the City's decision on acquiring a telephone
26 system. Examples include:
27 - Parts stockpiling requirements, with lists and
28 manuals;
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- Provision of reliability testing data;
- Response time requirements;
- Redesign requirements;
- Pre-acceptance testing;
- Penalty payments.
(D) Certify that all new system equipment and
accessories are instaIled in accordance with the proposal's
specifications.
3. Payment by City. City shall pay Consultant eight
thousand nine hundred dollars ($8,900.00) to complete Phase 1 of
the services. Should the City elect to continue with Phases 2
and 3 after the conclusion of Phase 1, the sums of five thousand
six hundred and ninety dollars ($5,690.00) for Phase 2, and five
thousand four hundred seventy dollars ($5,470.00) for Phase 3
shall be paid. The terms of payment are as follows: the sum of
eight hundred ninety dollars ($890.00) shall be paid to
Consultant upon execution of this agreement and deducted from
subsequent billings. All billings shall be made on a monthly
basis as services are rendered.
Consultant shall bear all expenses incurred in the
performance of its duties hereunder, it being understood and
agreed by the parties hereto that Consultant has computed an
allowance for said expenses in its compensation rate provided
above.
In the event it is necessary for ConsuItant to employ
assistants in order to accomplish its duties provided hereunder,
it shall do so at its own expense, and bear the total costs
thereof.
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4. Term. This agreement shall be effective upon the
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execution of this agreement and shall continue in effect during
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the duration of the project, unless terminated as herein
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provided.
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5. Time of Performance. The period of time required to
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complete Phase 1 of the project shall be sixty days from the
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execution of this agreement. It is understood by and between the
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parties that, should City elect to proceed with Phases 2 and 3
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following completion of Phase 1, the project time anticipated is
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a period of sixty days for Phase 2 and approximately one hundred
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twenty days for Phase 3.
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6. Time of Essence. Time is of the essence of this
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agreement.
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7. Termination. This agreement may he terminated by either
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party by giving ten days written notice to the other, and this
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agreement shall terminate forthwith ten (10) days following the
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date said written notice is given. In the event that termination
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of this agreement occurs, Consultant shall be paid for services
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satisfactorily completed as mutually determined by the City and
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Consultant.
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8. Assignment. This agreement shall not he assigned by
either party without the prior written consent of the other
party.
9. Relationship of Parties. It is understood that the
contractual relationship of the Consultant to the City is that of
independent contractor. Consultant agrees that it will conduct
itself consistent with such status, and that it shall not
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represent itself or claim to be an employee of the City, or to
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make any claim, demand, or application to or for any right or
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benefit applicable to any empIoyee of the City, including, but
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not limited to, Workers' Compensation coverage, unemployment
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iMsurance benefits, social security coverage, or retirement
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benefits or membership.
IO. Confidential Relationshi2. All dealings of the parties
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8 or communication received, prepared or assembled by Consultant
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shall not he revealed, disseminated or made available by
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Consultant to any person or organization without the prior
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i written consent of the City.
I 11. Hold Harmless. Consultant hereby agrees to, and shall,
hold City, its elective and appointive boards, commissions,
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officers, agents and employees harmless from any liability for
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damage or claim for damage or personal injury, including death,
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as well as from claims for property damage which may arise from
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Consultant's operations under this agreement, whether such
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operations be by Consultant or by anyone or more persons
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20 to, and shall, defend City and its elective and appointive
21 boards, commissions, officers, agents and employees from any
22 suits or actions at law or in equity for damages caused, or
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12. Severability. If any provision of this agreement is
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27 decision of any court of competent jurisdiction, such decision
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agreement.
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13. Entire Agreement. Th i s agreement, inc1 ud ing Exhi bi ts
A and B, and the bid specifications, all of which are
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incorporated by reference, constitutes the entire agreement
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between the parties hereto and supersedes any prior negotiations
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and understandings between the parties.
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14. Notices. All notices herein required shall be in
8 writing, and delivered in person or sent by certified mail,
9 postage prepaid, return receipt requested, addressed as follows:
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City of San Bernardino
c/o City Administrator
300 North "D" Street
San Bernardino, CA 92418
Communication Resources Co.
17155 Newhope Street
Fountain Valley, CA 92708
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13 IN WITNESS WHEREOF, the parties hereto have executed this
14 agreement on the date first hereinabove written.
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ATTEST:
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COMMUNICATION RESOURCES
COMPANY
B~~~~
Title~~,/~,
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Approved as to form:
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Ci ty A torney
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