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HomeMy WebLinkAboutC2006-450 - 9/26/2006 - NA PROFESSIONAL CONSULTING SERVICES AGREEMENT ThIS Professional Consulting Services Agreement ("Agreement") is entered into by and between the City ltCOrpUS Christ~ a municipal corporation ("City"), and Public Safety Consultants Incorporated, {"CoDlultanf') effective for all purposes upon execution by the City Manager or City Manager's desIgnee. I. SF"VICES TO BE PERFORMED. fhe Consultant agrees to provIde professional consulting services to the City of Corpus Christi as described in attached proposal. Exhibit A. The Consultant shall assess the electronic mail system requirements of the Corpus Christi Police Department, and other tasks as requested, as described in Exhibit A. Consultant shall complete all services under this Agreement within four weeks from effective date The parties agree performance of the work shall commence upon authorization to proceed by the City. The Director of Municipal lnf()rmation Systems is designated as the Contract Administrator responsible telT all phases of performance and operations under this Agreement, including authorizations for payment. All notices or communications regarding this Agreement shall be directed to the Contract Administrator. II. FE FOR SERVICES. [otal cost for all services provided by Consultant and all expenses incurred by Consultant under this Agreement shall not exceed $7,680 unless expressly authorized by written amendment to this Agreement Hourly rates are $120 per hour. Payments shall be made as follows: 53.840 upon execution of this Agreement; and $3,840 upon completion of this Agreement. within 30 da.vs from receipt of invoice. III. EfFECTIVE DATE4 TERM4 TERMINATION. HIERARCHY OF DOCUMENTS A. This agreement takes effect upon execution by the City Manager or his designee. B The term of this agreement continues until Consutant has completed all services under this Agreement. unless sooner terminated in accordance with Subsection C below. (' The City may, at any time. with or without cause. terminate this Agreement upon two (2) weeks wntten notice to the Consultant. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Consultant, at the option of the City, will be delivered to the City and become the property of the City. In such event of termination without cause, City will be invoiced for the actual time and charges accumulated through the date of termination. D. In the event of any conflicting terms between this Agreement and Consultant's Proposal, the terms in thIS Agreement control. IV. AlrROPRIA TION OF FUNDS. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being WIthin the sole discretion of the City Council at the time of adoption of such budget. V. AS4PGNABILITY. The Consultant shall not assign, transfer, or delegate any of his obligations or duties in this Contract to any other person without the prior written consent of the City, except for routine duties delegated to field assistants and clerical helpers. The performance of this Agreement by Consultant is the essence of this Agreement and City's right to withhold consent to such assignment shall be within 2006-4511 0')/26/0(1 Publk Safety Consultants. J nc. ~'-"'''''- '.he sole discretion of the City IJn any grounds whatsoever. VI. "DEPENDENT CONTRACTOR. Consultant shall perform all professional services as an mdepel1dent contractor and shall furnish such services in its own manner and method, and under no cIrcumstances or conditions shall an agent, servant. or employee of the Consultant be considered an employee of the City VII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors. however. Consultant must obtain prior written approval from the City. In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. VIII. VENUE AND APPLICABLE LAW. This Agreement shall be subject to all Federal, State and local laws. All duties of the parties shall be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such f{)rum and venue for such disputes shall be the appropriate district. county, or justice court in and for Nueces County, Texas. IX. WAIVER. No waiver of any breach of any term. or condition of this Agreement, shall be construed to waive any subsequent breach of the same. X. DIClrLOSURE OF INTERESTS. Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete. as part of this Contract, the Disclosure ofInterest form provided to Consultant. XI. "EMNIFICATION. Consultant must indemnify and hold City, its offic.-s, employees or agents ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of its agents, servants, contractors, or employees in performance of this Agreement. ConSllltant agrees to indemnify and save harmless City, its agents, servants, and employees, ("Indemnitees"), from any and all liabilities, 10ss8$, damages, or expenses, including attorney's fees resulting from the negligence or acts or omissions of Consultant, its employees, ....,..--..-...- officers, agents or contractors, while in performance of this Agreement. XII. INSURANCE. Consultant agrees to provide insurance in accordance with the attached exhibit. XIII. NO WAIVER. No waIver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition dfthe Agreement. XIV. ~ENDMENTS OR MODIFICATIONS. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. XV. 1tRLATIONSHIP OF PARTIES. In perfonning this Agreement, both the City and Consultant ...;hall aet in an individual capacity, and not as agents, representatives, employees, employers, partners, JOInt-venturers, or associates of one another The employees or agents of either party may not be, nor be construed to be. the employees or agents of the other party for any purpose. XVI. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this <\greement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. XVII. SEVERABILITY. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those a..'i to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this '\greement that every section, paragraph, subdivision. clause, provision, phrase, or word of this \greement be given full force and effect ttH Its purpose. To the extent that any clause or provision is held Jllcga4 invalid. or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or proviSion, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or proviSIon as may be possible and be legal. valid, and enforceable, will be added to this Agreement automatically. XVIII. NOTICES. Notices provided shall be in writing and delivered to: On behalf ofthc City: City 0 f Corpus Christi Director of Municipal Information Systems P.O. Box 9277 Corpus Christi, TX 78469-9277 On behal f Consultant: of the Public Safety Consultants Inc. 1092 Old Ware Road ~etump~a, AL 36093 IXX ~LE AGREEMENT. This Agreement and its exhibits constitute the sole agreement between the City am Consultant. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. ........"'"--- s@~ 21 06 OS:06a Dr Ralph [olma, DPA 13341 514-8847 p.2 EXIlCUTED IN DUPLICATE, each of which shall be considered an original, this,) L day of ~-. 2<::, _u , 2006. A TrEST: A~~ City Secretary --......-.... CITY OF CORPUS CIIRISTI ~A' e K. Noe - ty Manager 'L . . APfROVED TmS .:::: DA Y OF \,-fi )1 ~ 2006 By: .',._.'" ) ( ,;" ,t.'o. i... ~ Assistaat City ~"-mey For City Attorney CONSULTANT: By: ~R c!/ L_;~~~ #,F~ - N~. AA/.PhI L:. /~/~~~7 iJ,..;A -r'tJ ;7. / I e: .rE,=.r/CF/J7___.._ Date: ~_ 9/AO /;.,/:.. __ .______. _.,,- PubIc Sal1117 Co. tulta.. I~JAftated 1092 Old Ware Road Wetumpka, AL 36093 (334) 514-8363 (334) 514-8847 FAX rioimo@e1more.rr.com http://www.publicsafetvconceDts.com September 25, 2006 Tn Connie Bums From: Dr. Ralph E. IOlmo Subjed: E-Mail Requirements Assessment Based upon our discussion, Public Safety Consultants, Inc. (PSCI) agrees to provide the neceSlary services to assess the Electronic Mail system requirements of the Corpus Christ Police Department (CCPD). To accomplish this task, PSCI will perform the following: 1. PSCI will conduct on site assessment of the Corpus Christi Police Department email requirements. The assessment will consist of a series of meetings with various groups within the police department to be identified by the Corpus Christi Police Department. 2. This assessment will consist of a series of meeting with various CCPD V\,{)rkgroups to discuss their specific email needs. 3. PSCI will document these requirements and provide CCPD with a document that specifies the specific requirements. This document will contain email options and our recommendation for a specific email system. 4. PSCI will present our findings and recommendation to Corpus Christi To accomplish the above tasks, PSCI antidpates being on-site for ~ days ( 16 hours) during the requir.-nents gathering phase. We will require approximately forty-hours (40) to complete the report and an additional eight (8) hours on-site to present and discuss our findings. The total project time to complete is sixty-four (64) hours. The following are the costs for this project: TASK Conduet on-site assessment Development of requirements document Presel'tation to staff PROJICT TOTALS HOUR 16 hours COST $1,920.00 $4,800.00 960.00 $7,680.00 40 hours 8 hours 64 hours For its services, Corpus Christi shall pay PSCI in ~ payments: 1. $3,840.00 upon acceptance of this agreement 2. $3,840.00 upon completion of the project. ~-"",,,,"' INSURANCE REQUIREMENTS PUBLIC SAFETY CONSULTANTS INCORPORATED'S LIABILITY INSURANCE A Public Safety Consultants Incorporated must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Public Safety Consultants Incorporated must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Public Safety Consultants Incorporated must furnish to the City Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as additional insured for the liability policies and a waiver of subrogation is required on all applicable policies. --.. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-0. written notice of cancellation. material Bodily Injury and Property Damage chante. non-renewal or termination is required Per occurrence I aggregate on alh:ertificates - Commercial General Liability Including: $1,000,000 COMBINED SINGLE LIMIT '1 Commercial Form I I 2 Premises - Operations ! I 3 Productsl Completed Operations I 4 Contractual Liability I 5 Independent Contractors 6 Personal Injury Workers' Compensation Which complies with the Texas Workers' Compensation Act and Paragraph II of this exhibit Employers' Liability $500,0001 $500,0001 $500,000 -- - Electronic Data Liability Insurance including $500,000 per claim 1$1,000,000 aggregate 1 Professional Liability - Errors & Omissions --~--._--_. C In the event of accidents of any kind, Public Safety Consultants Incorporated, Inc. must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. 2006 PuIiIIic Safety Consultants Incorporated agreement inS. req. 9-1 9-06 II> Risk Management IL ADDITIONAL REQUIREMENTS .............- \ Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Certificate of Insurance: . The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a waiver of subrogation in favor of the City of Corpus Christi on all applicable policies. . If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modifications of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. . The name of the project must be listed under "Description of Operations". . At a minimum, a 3D-day written notice of material change, non-renewal, termination or cancellation is required. . If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.8 (1 )-(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1.8. (1 )-(6) are included or excluded. .....,.,...-..- S~p 25 2006 9:04AM HP LASERJET FAX p.2 CERTIFICATE OF LIABILITY INSURANCE iment InSl.rance Agency, 590 Pacific Highway So F deral Way WA 98003 \ 253) 874-2460 ______ Pub:ic Safety 20ns Inc. 11t8 D AI ClLY AND COIFERI NO RIGHTS ~ 'DE CER11FICATE HOLDER. ~ CERlFICATE DCE& NOT AMeND. EXTEND OR AI.. TEA 'tHE COY!MOE AFFORDED BY 1HE POUCIE8 BELOW. DATI~ 09/25/2006 ~9414 SE 409th S7 Enumc aw, WA 98022 ':ltant;.~I;'~~~--f:=: ~~~~ g::~:i~ INSURERS AFFORDING COVERAGE Insurance Co Insurance Co It4URIRC: <NSlMERCI: MUltER ~ IIBUAANCE LISTED BELOW HAW BEEN ISSUED TO THE INBUAED NMEO MOVE FOR THE POlICY PERIOD IN)ICATED. NOlWrrHSTANDIHG REQU Nt, TERM OR 00NDm0N OF All'( CONTRAcT OR OTtER DOCUM!NT WrrH RESPECT TO WHICH THIS CERTlFlCAlE IMY BE ISSUED OR PERT.. NURANCE AFFORDED BY THE Pa.ICIES DE8CRlBED1-tEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ICles. CMTE LMT8 SHowN MAY HAVE BEEN REDUCED BY PAID a.AIMS. IIaUCY ..... BKO(06152306016 B BA052j060i6 11/::'0/05 I 111./10/06 l.MTa 51 000 000. S 100/000. S 5 000. sEx:cl uded GENERAL~1E 51 000 000. PRODUClS - COWYOP N3G s1 0 0 0 0 0 0 . ~HOOCLIRNCE FIRE Dl\AMGE (....Y_..) r.ID SIP (Any one ~l PERI!IONAl & /IDIf IUJRV COI8IlED SINGLE UIoIT (& accIdMtl Sl, 000,000. 800L Y INJURY ~rpn<<ll i~~~ PIIOPER'TY ~ (PIr -*lint] s OnElt lHAN AU10 ON. Y: AU1'OOM.Y-EAACCIDENT $ EA ACe $ AOO $ $ $ $ S S EACH OCCURReNCE AGaAElGllTE 10 MAN AG ED BY S i' A T ~~ OF WAS HI NGTON EL EACHACClElENT . El. Oi9Elll8E - EA EY"lOVEE . El. DISEAU: . PO..ICY L1WT $ ~ ~~~1Y"'1II .~~ Ci~y of Corpus Christi is an Additional Insured on Commercial Auto & Gen. Liab Waiver of Subrogation app:ies to auto & general liability. c JE ADDlTICltML. ..... ...... U1"IM: ;TION ~lty of Corp~s Christi 1201 Leopard ST Corpus Christi, Texas 78401 IHOlA.D ItIf'( ClF ~ MOW IID~ ~. C'- I -.... TIll! IllPIlATIClIlI DATI! ~. 'ME __ ........ lIW.1. ""'lIIOR TO 11M. ~ GAW WlanBI N01ICE TO TN! CIIllll'lCAYll HCILDml ~ TO THE LII'T, BUT FloUR! 10 DO ID IIW.L ~ NO LMlATION ~ u.tUTr CII' NI'f KIIIID UIICllII THI --. fT. AOIIIT8< OR - S@p 25 2006 9:04AM HP LASERJET FAX p.3 CERTIFICATE OF LIABIUTY INSURANC :J ' ' . l- ", . . - r. ':'.~p . 'I !A'irnMt '..uranoe Agency. lno :33501 P8c1fic Hwy. S. IFederalWay, WA 98003-6809 CiM'*.SAF~ WVERUi: Y A: Colony Insurance Company COMPANY B: (OMIWIY C: O~PANY 0: C'N TJE OF IN LISTED /ROlf KIM ISSUED 10 'H NS:JIIEO IWIED AIDIE ltE POlO PERICXl NJeAiElJ, NOIWTHSTN\DKi AN't 'l:QU1~MEHT, lEflIiI OF Cll.TION Q" ;l,HV aJlTRKT OR ONIHXXllNE r./TIfTH RESPECT 10 Wf<<:h 'IHS CERTFrJ, TE MAY BE ISSlJED OR ItA" PEllTA N, 1HE INSUIWJCE Nf~D BY M fU(lES CE5mBEO HE IS _Eel WAlL THE JERNS. ~MlOCQ()(lDISOF SOCH "OlICIES. UI'tlSSHQIfoI MAY HA.YE IEENIlEIJUCEO BY PNOa.AIM5. ro E I ,-TRI<<O NUMBE~ [),t,TE 111M LIf4ITS 800l Y INJlRY (Per accidtrll) EotOO484 1 fZll2OO6 01rZ712OO7 11,000,000 p.,. Claim $1,000,000 NYlllel ~gD ~.OO city of CorplJs Christl 1201 ~St CorpU.ChrtBtl, TeclBs 78401 l ~ ANY OF TIlE D&1Bl1U . OINCElliD "FCR1HE ~lDIlIII1E THEIIOF, 'TH :sslJlNG Cll'4"aNY ilL. EIGAOIl JoWL 10 OA~ ilIM19l NOIlG 'Ill TIlE CER'IIFlc:AlE IQJlI!R .MEDIl H LEFT, IK/l' ,AjLURf 10 foWl 9101 1l01k:E SIl~L1 M'OSE r<<lC8.tSA'IIOIl CIlUAllItm' 01' AllY IONO UPON me COf1>-'tY, ~..~".~.m~ ~ ~ -------. AU'"HORlZED REPRESENTATIVE, GRlFRN lMDERWRITlNG SERVICES CORPOMTION 199 Sep 21 06 09:06a Dr Ralph IOlmo, DPA (3341 514-8847 p.3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires aU persons or finns seeking to do business with the City to p:ovide the following intbrmation. Every question must be answered. If the question is not applicable, answer with "NA" See reverse side for definitions. COl\8'ANY NAME: _ ___Public Safety Consultants, Inc._. P. O. BOX: STRBET:. ) 092 Old Ware Rd._____ CITY: _ Wctumpka 1. Corporation (X ) 2_ Partnership () 4. AssociatioD ( ) 5. Other ( ) DISCLOSURE QUESTIONS If adftiOfJal space is nece~, please use the reverse side of this j)8ge or attach ~ sheet. I. S. die names of eacb "employee" of the City of Corpus ChriSti baving an ownership interest" constituting 3% or more of the ownership ID the above named "linn." -- --...- ----"-'-,- -_._---,----- ZJP:_36093 FIRM IS: 3. Sole Owner ( ) Name ___None ____ _ _ Job Title and City Departtnent (if known) --'--"_._------_._~~.- 2 StIiIte the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or Ihore of the ownership in the above named "fmn." Name __None_ Title 3. S.. the names of each "boa'd member" of the City ot Corpus Chnstl haVlng an "ownership Interest" cOllltituting 3% or more of the ownership in the above named "finn." Name Board, Commission, Of Co.lJllIrittee None --__.v____..._.__..___.__ _ 4 - S_ the names of each e!llPloyee or officer of a "'consultant" for the City of Corpus Christi who worked on any '"*' related to the sul!ject of this contract and has an "ownership interest" constituting 3% or more of the owliersbip in the above named "finn." Consultant None_.._.__.______ -.------- .-....--.---.-"..-...-.-.. _______'_3_~ CERTIFICATE I ~ that all information provided is true and correct as of the date of this statement, that I have not knowillllRlY withheld disclosure of any information requested; and that supplemental statements will be promptly subnlltlid to the City of Corpus Christi, Texas as changes OCCUf. CcrtifJiingPerson: _Dr. Ralph K(}~U:~IIII) ____ Title: _President Sign.-eofCertifyingPerson: f~/ /..7 ~=:"-;>~<J ..(J/"h Dare:_9I2J/06 - .- DEFINITIONS a. '"Board member:" A member of any board, commISSIOn, or committee appointed by the City Council of the CIty of Corpus ChristL Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an mdependent contractor 1:. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, Joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d "OffiCIal." rhe Mayor, members of the City Council, City Manager, Deputy City Manager, AsSIstant City Managers Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm. including when such interest IS held through an agent, trust, estate, or holding entity. Constructively held refers to holdings or control established through voting trusts, proxies, or special terms of venture t)r partnership agreements. t. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ~,,,..--