HomeMy WebLinkAboutAlta Associates - 1980-04-08 City of Huntington Beach
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P.O. BOX 19a CALIFORNIA 92648
Xa � OFFICE OF THE' CITY CL171ZK
April 10, 1980
Alta Associates
17207 Zena Way
Monte Sereno, California 95030
Attn: T. A. Desko, Secretary
The City Council of the City of Huntington Beach at its regular meeting held
Monday, April 7, 1980, approved an agreement between your firm and the City
for software development for the Automated Traffic Reporting System.
Enclosed is a duly executed copy of said agreement. Please contact the Police
Department for further information - 535-5902.
Alicia M. Wentworth
City Clerk
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CC: Police Chief Robitaille
F. Arguello, Finance Department }
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REQUEST TbR CITE' COUNCIL A I ION
Submitted by E. W. ROBITAILLE, 21'ef of Pol'cBepartment Police
(late Prepar-d March 12 19 80 Backup Material Attached Yes No
Subject Office of Traffic Safety Grant for Automated Traffic Reporting System -
Request for Approval of Vendor Contract
City Administrator's Comments
APPROVED BY CITY COUNCIL
Approve as recommended ...... I '
CITY ERX
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions:
STATaIENT OF ISSUE - The final aspect of the Department of Traffic Safety
Grant on the Automated Traffic Reporting System is software development. The
vendor selected for the development of software has submitted a Contract for
Service that has been approved by the California State Department of Transporta-
tion and is in need of approval from the City.
RECOWENDED ACTION - Approve the Contract to provide software development for
the computer acquired under the conditions of the Grant.
ANALYSIS - On October 27, 1978, the Cit Council passed a Resolution authori-
zing the Huntington Beach Police Department to redesign the already existing
Automated Traffic Reporting System at a cost of $84,000. The final development
of the system is software development at a cost of $32,249.90 which is specified
in the attached vendor contract for review aid approval.
FUND-ING SOURCE - Thtal expenditures of this contract are $32,249.00 v&dch have
been approved as funds in the City Council resolution authorizing the grant.
No new fiscal impact to the city.
EARLE W. ROBITAILf.>✓
Chief of Police
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attachment ,!
PIO 3178
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AGREEMENT TO PERFORM MODIFICATIONS
TO THE CITY OF HUNTINGTON BEACH
AUTOMATED TRAFFIC REPORTING SYSTEM
THIS AGREEMENT is made and entered into by and between the
CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California, hereinafter referred to as "CITY", and ALTA
ASSOCIATES, a Nevada corporation, doing business in the State
of California, hereinafter referred to as "CONTRACTOR",
R E C I T A L S
A. WHEREAS, the CITY desires to have certain modifications
made to its automated traffic reporting system; and
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B. CONTRACTOR, for and in consideration of the covenants,
conditions, agreements, and stipulations contained herein rloes
hereby agree to furnish the modifications and services herein-
after stated,
NOW, THEREFORE, the parties hereto do covenant and agree as
follows :
1. Services.
CONTRACTOR shall perform modifications to the CITY'S
automated traffic reporting system as stipulated in CONTRACTOR'S
proposal dated October 31, 1979, and CITY'S request for proposal
dated August 15, 1.979, copies of . •_ch are attached hereto, marked
Exhibits "A" and "B" , respectively, and incorporated herein by
this reference as though fully set forth..
2. Payments.
In consideration of the performance by CONTRACTOR in a
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satisfactory manner of the services herein described, CITY agrees
to pay CONTRACTOR as follows:
A. Preparation of detailed statement of work $ 6,190.00
B. System Programming $18,503.15
Plus 6% Tax of $ 1,181.0
C. Documentation $ 2,909.30
Plus 6% Tax of $ 185.70
D. System Acceptance $ 3,280. 70
The above payments for satisfactory performance includes all
expenses incurred by CONTRACTOR.
3. Method of Payment .
CONTRACTOR shall be reimbursed for costs incurred in the
performance hereof as are allowable under the provisions of Part I-15
of the Federal Procurement Regulations and in accordance with the
schedule in paragraph 2, above, upon satisfactory completion and
acceptance by CITY of each item contained therein. CONTRACTOR
shall submit invoices in triplicate and addressed to CITY in con-
formance with paragraph 18, below.
CITY shall retain ten percent (10%) of the bill-1:igs,
which retention small be paid to CONTRACTOR together with final
payment, upon acceptance of th; system by both CITY and the Cali-
fornia Office of Traffic Safety.
4. Cost Limitation.
Total expenditures made under this contract shall no;
exceed the sum of $32,249.90.
5. Subcontracting.
CONTRACTOR shall not be permitted to subcontract any
portion of this contract without the prior express written consent
of CITY.
6. Term of Agreement.
CONTRACTOR shall complete this project within 120 days
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from the effective date of this Agreement. The effective date
of this Agreement shall be the day next following that date on
which all parties hereto have executed this Agreement.
7. Reports.
CONTRACTOR shall furnish monthly interim reports as to
the progress of the study or upon demand by CITY or the Office
of .-raffic Safety. A final report in draft form shall be provided
to CITY and the Office of Traffic Safety thirty days prior to con-
tract termination or completion for aview.
8. Publication Rights..
A. CONTRACTOR shall not be authorized to copyright
the final report without prior written approval from CITY and
the Office of Traffic Safety. CONTRACTOR shall also be prohibited
during the term of the contract from copyrighting any papers, in-
terim reports, forms, or other material which is a part of the
work performed under the contract.
B. Publication rights to any documents produced are to
be reserved to CITY and the Office of Traffic Safety.
C. All reports published by CONTRACTOR shall contain
the following statement on the credit sheet: "The opinions, find-
ings, and conclusions expressed in this publication are those of
the authors and not necessarily those of the Office of Traffic
Safety, the National Highway Traffic Safety Administration or the
Federal Highway Administration. "
D. Both written and oral releases are considered to be
within the context of publicatic_i. However, there is no intention
to limit discussion of the study with small technical groups or
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lectures to employe, or students. Lectures to other groups
which describe the project but disclose neither data nor results
are permissible without prior approval.
E. All reports shall contain the following credit
line. "In cooperation with State of California, Business and
Transportation Agency, Office of Traffic S2 uy, and U. S. Depart-
ment of Transportation, National Highway Tr ,_� fic Safety Adminis-
tration and Federal Highway Administration. "
9. Project Inspection.
The Office of Traffic Safety, the National Highway
Traffic Safety Administration, the Federal Highway Administra-
tion, and CITY may review and inspect CONTRACTOR'S activities
during the term of this Agreement.
10. Accounting Records.
CONTRACTOR must maintain accurate accounting records
and other evidence pertaining to costs incurred, which records
and documents shall be kept available at CONTRACTOR'S California
office during the team of this Agreement, and thereafter for three
(3) years from the date of final payment of Federal funds hereunder.
11. Ownership of Data.
All data, maps, photographs, and other material collected
or prepared under this Agreement shall become the joint property
of CITY and the Office of Traffic Safety.
12. Termination of Agreement.
This contract may be terminated at any time for breach
thereof and CITY may terminate unilaterally and without cause
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upon thirty (30) days' prior written notice to CONTRACTOR. All
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work performed pursuant to the contract and prior to the date of
termination may be claimed for reimbursement.
13. Assignability.
CONTRACTOR shall not assign or transfer any interest in
this contract without the prior written consent of CITY and the
Office of Traffic Safety.
14. Modification and Amendments.
It is mutually understood and agreed that no alteration
or variation of the terms of this contract, or any subcontract re-
quiring the prior approval of CITY and/or the Office of Traffic
Safety, shall be valid unless made in writing, signed by the parties
hereto , and approved by ali necessary parties.
15. Nan-Soliciation Clause.
CONTRACTOR warrants that he has not employed or retained
any company or persons, other than a bona fide employee working
solely for CONTRACTOR, to solicit or secure this contract and that
he has not paid or agreed to pay any company or person, other than
a bona fide employee workJ,ig solely for CONTRACTOR, any fee, com--
missron, percentage, brokerage fee, gifts, or any other considera-
tion, contingent upon or resulting from the award or making of
this contract. For breach or violation of this warranty, the State
shall have the right +`o annul this contract without liability, or,
in its discretion to deduct from the contract prA,!e or considera-
cion, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
16. Equal Opportunity Assurance.
During the performance of this contract, CONTRACTOR
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agrees as follows:
A. CONTRACTOR will not discriminate against any employee
or applicant for employment because of race , sex , creed, color or
national origin. CONTRACTOR will take affirmative action to ensure
that applicants are employed , and that employees are treated during
employment without regard to their race, sex, creed, color or
national origin. Such action shall include , but not be limited to
the rollowing: employment, upgrading, demotion or transfer; re-
cruitment or recruitment advertising; layoffs or termination; rates
of pay or. otho�r forms of compensation; and selection for trairing.,
including aj �,renti,Jeship. CONTRACTOR agrees to post in conspicuous
places, available to employees and applicants for employment,
notices setting forth the provisions of this non-discrimination
clause.
B. '0vNTRACTOR will, in all solicitations or advertisements
for employees placed by or on behalf if CONTRACTOR, state that all
qualified applicants will receive consideration for employment
without regard to race , sex; creed , color or national origin.
C. CONTRACTOR will sand to each labor union or representa-
tive of workers with which he has a collective bar _aining agreement
or contract or understanding, a notice advising the labor union or
wor{erls representative of CONTRACTOR' S commitments unaer this non-
discrlxrl.nation clause and shall post cop es of the notice in con-
spicuous places available to + wol,oyees and applicants for employ-
ment.
D. CONTRACTOR will permit access to his books, records and
accounts by the applicant agency, the State , the Federal Highway
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Administration and/or the National Highway Traffic Safety Adminis-
tration for purposes of investigation to ascertain compliance with
this nondiscrimination clause.
E. In the event of CONTRACTOR'S noncompliance with the non-
discrimination clauses of this contract, this contract may be
canceled , termina',;ed or suspended in whole or in part.
17. Hold Harmless.
Neither CITY r:_)r any of its officers, agents or employees
shall assume any liab.—ity by reason of anything done or omitted
to be done by CONTRACTOR or any of CONTRACTOR' S officers, agents
and employees under or Ln connection with any acts performed pur-
suant to this Agreement. CONTRACTOR shall fully indemnify and
save and hold harmless the CITY, its officers, agents and employees
from any and all liability, losses and costs imposed for injury
occurring by reason of anything done or omitted 1ro be done by
CONTRACTOR., and CONTRACTOR agrees to enter and defend any suit
or action brought or arising out of this Agreement against CITY,
its officers, agents or employees.
18. Notices.
The notices provided for in this Agreement to be given
by either party hereto to the other shall be deemed to have been
given when made in writi,.g and deposited in the United States mail ,
registered and postage prepaid, addressed as follows:
To CITY: City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
To CONTRACTOR: Alta Associates
17207 Zena Way
Monte Sereno, CA 95030
7.
IN WITNESS WHEREOF: the -.,arties hereto have executed this
Agreement on the dates so indicated below.
CITY OF HUNTINGTON BEACH,
a municipal corporation
mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 'City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
O _
C . y Administrator Chief 'of Police
ALTA ASSOCIATES
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Date: fo`�-f9'`T1 By
resid
B ynr7
Secretary
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