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HomeMy WebLinkAbout16-City Administrator . CITY.OF SAN BERN~DINO - REQUEST FO COUNCIL ACTION From: FRED WILSON Asst. City Administrator Dept: Subject: Resolution authorizing agreement with Omnicom to perform 2nd phase of study relating to the Mobile Data Terminal System installation project. Date: June 20, 1991 Synopsis of Previous Council action: 11/20/89 -- Resolution 89-462 adopted authorizing the execution of an agreement with Omnicom to perform consulting services relative to the East End Radio Communications Improvrnent Project. 9/17/90 -- Resolution 90-383 adopted authorizing execution of an agreement with Omnicom, Inc. to perform consulting services in support of project titled "Work Plan for City's 800 MHz Radio Communication System and Mobile Data Terminal System. " Recommended motion: Adopt resolution. ~;-" Contact person: Fred Wilson Phone: 5122 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: 'F18, 749 Source: (Acct. No.! 00\ ~ t S; - ~S ;"'l. \ (Acct. Descriotion) 'b 0 L" t'\ l. t. Finance: i(...J:l S ~ ~~r~.\... C~Dr- _ ~uncil Notes: 175-0262 Agenda Item No I~ CITY OF SAN BERN'OD'NO - REQUEST FO COUNCIL ACTION STAFF REPORT On 9/17/90, the Mayor and Council approved an agreement with Omnicom, Inc., to perform consultant services in support of a project entitled "Work Plan for city's 800 MHz Radio Communications System and Mobile Data Terminal System." The services under this agreement have been completed and include the development of an 800MHz comprehensive plan which addresses radio frequency coordination, coverage analysis and the trunked radio system description. Also included in the plan is the proposed microwave system backbone configuration for the MDT system with some initial cost estimations. The attached agreement describes the program and associated costs for procurement and implementation. second phase of the work the MDT system design, By the terms of their agreement, Omnicom proposes to: a. prepare a detailed design of the MOT system incorporating all system component interfaces. b. define site configurations and fixed transmission paths between the proposed MOT base station sites. c. prepare a statement of work for Motorola describing MDT system requirements, installation, implementation and system operation issues. d. prepare an agreement between the defining conditions and schedule ment; and City and Motorola of system procure- e. coordinate the agreement and statement of work between City and Motorola. The cost of this work program is $1:8,749 and will be funded through the Police Department. It is anticipated, that the MOTs will be operational by approximately spring, 1992. FRED WILSON Assistant City Administrator FAW/md .0264 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION NO. 1 2 3 4 5 6 7 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 MOBILE DATA TERMINAL SYSTEM INSTALLATION PROJECT. 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 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 Mobile Data Terminal System 11 installation project; a copy of which is attached hereto marked 12 Exhibit "A" and incorporated herein by reference as fully as 13 though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agree- ment fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an meeting thereof, held on the day of , 1991, by the following vote, to wit: IIIII IIIII II/II II/II RESOLUTION AU~RIZING AGREEMENT SERVICES RELA~G TO MOBILE DATA PROJECT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 COUNCIL MEMBERS AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER WITH OM~M, INC. FOR CONSULTIN TERMINAL~STEM INSTALLATION NAYS ABSTAIN CITY CLERK The foregoing resolution is hereby approved this day of , 1991. W.R. HOLCOMB, MAYOR City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City torney 21 22 23 I I I 24 IIIII 25 I I I I I 26 IIIII 27 IIIII 28 I I I I I -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O Exhibit "A" c:> A G R E E MEN T THIS AGREEMENT is made and entered into this day of , 1991, by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North "0" Street, San Bernardino, California 92418, (herein referred to as "city"), and OMNICOM, INC., 325 John Knox Road, Suite E-204, Tallahassee, FL 32303 (herein referred to as "Consultant). City and consultant agree as follows: 1. General Descriction of Work to be Done. city hereby engages Consultant, and Consultant hereby accepts such engagement, to perform the services herein described for the compensation herein provided. Consultant hereby assures and covenants to City that they have the qualifications, experience and facilities to properly perform said services, and hereby agrees to undertake and complete the performance thereof for the compensation herein provided. 2. Term. The term of this agreement shall commence on execution of this agreement by both parties. The anticipated term of the agreement is 1 year and end June 30, 1992. However, this agree- ment may be extended on a month-to-month basis for a maximum of six (6) additional months upon the express written consent of Consultant to such extension and the approval thereof by the Mayor. However, if the term of the agreement is increased, there will be no change in the maximum total compensation. 3. Pavment and Provision for Pavment A. Maximum Compensation (1) Maximum total compensation to be paid under this agreement shall be $12,713 for the mobile data system design and specification and $6,036 for the Mobile Data Systems procurement lL. proOal, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as outlined<<:) Consultant's cost 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 Descriotion of Work to be Done. City hereby retains Consultant to perform: a. Detailed design of the MDT system incorporating all system component interfaces. b. Define site configurations and fixed transmission attached hereto, paths. c. Prepare statement of work for Motorola describing MDT system requirements, installation, implementation and system operation. d. Prepare agreement between City and Motorola defining conditions and schedule of system procurement. e. Coordinate agreement and statement of work between City and Motorola. 5. Amendments. This agreement may be amended or modified only by written -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 ~ ~ 26 27 28 agreement ex4:)ted by both parties. c:> 6. Assianment. 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. Relationshio 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 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 -3- - 1 2 3 4 >5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 death direct4:)caused or resulting froJC)be the City or any of its elective and 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 notice to the city. 9. Attornev's Fees. In the event an action is filed by either party to sole negligence of appointive boards, -4- - J enforce righC:>under this agreement, t~revailing party shall be entitled to recover reasonable attorney's fee in addition to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 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. Acceotance of Final PaYment 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. Acknowledaement. (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 -5- - of city, anyC:>oducts or information ~lting, in whole or in part, from the work performed under this agreement, and all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 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. Confidentialitv 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; (3) Information which was received by Consultant from a third party having the legal right to transmit that in- formation. Nothing in this paragraph is intended to nor shall -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 make confiderlCJbl records or information~ich is otherwise made open to public inspection by law. (b) Consultant shall not, without the written permission of the City Administrator, use the secret information, which Consultant is obligated hereunder to maintain in confidence, for any reason other than to enable Consultant to properly and com- pletely perform under this agreement. (c) Consultant shall not reproduce or make copies of the secret information or Consultant's output, except as re- quired in the performance of this agreement. Upon termination of the agreement for any reason whatsoever, Consultant shall promptly deliver to city all correspondence, drawings, blueprint manuals, letters, notes, notebooks, reports, flow-charts, programs, proposals, or documents concerning city. (d) Except as may be required for performance of this agreement, Consultant shall not, during or at any time subse- quent to this agreement, unless city has given prior written consent, disclose or use the secret information or engage in or refrain from any action, where such action or inaction may result (1) in the unauthorized disclosure of any or all such secrets to any person or entity; or (2) in the infringement of any or all such rights. (e) Consultant shall immediately notify city of any information which comes to Consultant's attention which does or might indicate that there has been any loss of confidentiality of such secrets or breach of such rights. (f) Consultant shall limit the disclosure of the secret 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L limited to thC:>portion of the secret !:)ormation 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 "0" 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 Aareement. 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. / / / / / / / / / / / / -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT WITH OMNICOM, INC. TO PERFORM CONSULTING SERVICES RELATING TO 1:) MOBILE DATA TERMINAL SY~ INSTALLATION PROJECT. ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California By: Rachel Krasney W.R. Holcomb, Mayor CONSULTANT; By: OMNICOM, INC. Approved as to form and legal content: JAMES F. PENMAN CITY ATTORNEY -9- o o PROPOSAL COMMUNICATIONS CONSULTING SERVICES FOR 1HE CITY OF SAN BERNARDINO MOBll..E DATA TERMINAL SYSTEM APRIL 29, 1991 OMNICOM, Inc. Telecommunications Engineering 930 Thomasville Road, Suite 200 Tallahassee, Florida 32303 (904) 224-4451 Exhibit "B" o o TABLE OF CONTENTS PAGE 1.0 INTRODUcnON. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 2.0 PROPOSAL METHODOLOGY .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 3.0 MDT SYSTEM DESIGN AND SPECIFICATIONS . . . . . . . . . . . . . . . . . . . .. 3 4.0 MDT SYSTEM PROCUREMENT ................................. 4 5.0 MDT SYSTEM IMPLEMENTATION .............................. 5 6.0 COST DETAIL, MDT SYSTEM DESIGN AND SPECIFICATIONS ........ 6 7.0 COST DETAIL, MDT SYSTEM PROCUREMENT. . . . . . . . . . . . . . . . . . . .. 7 8.0 COST DETAIL, MDT SYSTEM IMPLEMENTATION ......... . . . . . . . .. 8 9.0 CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 i o 1.0 INTRODUCI10N o This proposal is an amendment to OMNICOM's August 1990 proposal and work plan for the Qty's 800 MHz radio communications system. It describes the work effort and associated costs for the MDT System Design, Procurement and Implementation. 1 o o 2.0 PROPOSAL METHODOLOGY OMNICOM proposes to incorporate the required operational details contained in the City's Comprebensive Radio Communications Plan to develop a detailed MDT system design. The development will be conducted to optimize the total system throughput from data terminal to data base. All system component interfaces will be defined; Data Terminal, RF System, Digital Equipment, Message Control, CAD, Host Computer and Data Bases. The MDT communications site(s) will be defined after completion of City coverage tests utilizing the County MDT system. Once the total MDT system design is finllli7ed, the system procurement process from Motorola/MDI will begin. Procurement will be made by purchasing from the County contract with Motorola/MOl through an Agreement and Statement of Work document. OMNICOM will coordinate installation, perform installation inspection and witness pre-acceptance tests. OMNICOM proposes to accomplisb total implementation of the City's new MDTtsystem in three phases; Phase m . MDT System Design and Specification, Phase IV - MDT System Procurement and Phase V - MDT System Implementation. 2 o o 3.0 MDT SYSlEM DESIGN AND SPECIFICATIONS The tasks associated with this phase of the project are as follows: m.l Perform a detailed design of the MDT system incorporating all system component interfaces, stressing throughput, redundancy and growth capacity. Also included in the design will be the defined site(s) configurations and fixed transmission paths. m.2 Complete the 800 MHz frequency coordination and appropriate FCC license application/modification procedures. m.3 Prepare a statement of work (SOW) for Motorola. This document will describe the MDT system requirements in detail and specify the installation, implementation and operation of the overall system. m.4 Prepare an agreement between the City of San Bernardino and Motorola that will include the provisions, conditions and schedule of the system procurement. 3 o o 4.0 MDT SYSTEM PROCUREMENT The tasks associated with this phase of the project are as follows: IV.I Coordinate the agreement and statement of work between the legal staffs of the City and Motorola. IV.2 Meet with both parties to resolve issues and problems. Also, incorporate any necessary revisions into the final documents. IV .3 Obtain all document signatures to initiate the procurement process. 4 o o 5.0 MDT SYSTEM IMPLEMENTATION The tasks associated with this phase of the project are as follows: V.l Coordinate implementation schedule and installation of system with Motorola. V:z. Coordinate microwave channel lease with the County and interface with Motorola at communication sites. V.3 Coordinate the interfaces between the MDT system, the CAD system and the various data bases with which the MDT system will require direct access. V.4 Prepare an acceptance test procedure in conjunction with the City Police Department and Fire Department personnel. V.s Perform installation inspection. V.6 Witness pre-acceptance tests. V.7 Coordinate any discrepancies with Motorola and City, also verify final resolution of problems. V.8 Recommendation of MDT system acceptance and final payment. 5 o 0 6.0 COST DETAIL, MDT SYSTEM DESIGN AND SPECIFICATIONS DIRECT ENGINEERING EXPENSE Project Manager, Engineering, 140 hours @ $42 Engineering Overhead @ 55% $ 5,880.00 3,234.00 TRAVEL AND PER DIEM EXPENSES 1 Round Trip Airline Fare @ $958 2 Man Days Per Diem @ $105 2 Days Rental Vehic1e @ $65 958.00 210.00 130.00 GENERAL AND ADMINISTRATIVE EXPENSES General and Administrative Expense @ 11% PROFIT /FEE EXPENSE ProfitfFee @ 10% TOTAL PHASE ill 6 $ 9,114.00 $ 1,298.00 . $ 1,145.32 $ 1,155.73 $ 12,713.05 o 7.0 COST DETAIL, MDT SYSTEM PROCUREMENT DIRECf ENGINEERING EXPENSE Project Manager, Engineering, 56 hours @ $42 Engineering Overhead @ 55% TRAVEL AND PER DIEM EXPENSES 1 Round Trip Airline Fare @ $958 2 Man Days Per Diem @ $105 2 Days Rental Vehicle @ $65 GENERAL AND ADMINISTRATIVE EXPENSE~ General and Administrative Expense @ 11 % PROFITIFEE EXPENSE ProfitjFee @ 10% TOTAL PHASE IV 7 o $ 2,352.00 1,293.60 958.00 210.00 130.00 $ 3,645.60 $ 1,298.00 $ 543.80 $ 548.74 $ 6,036.14