HomeMy WebLinkAboutArthur Young and Company - 1970-06-221 I
Apru 6, 19yi
Arthur Young & Company
P.O. Box 1962
Santa Anuo CA 92702
Gentlemen:
The City Council of Hunt:inar n F ch, at; its regular
meeting held Monday, April 1 -1, &pproved t:w
. evi sad agreement for Traf C Sy tam Analysis # :Lncreae-
in% taska to be Fcrfoi d and ptyment therefore.
We are anelouLng ai duly executed copy of the a,�3eP
mant for your files.
S ince re lv yours,,
Paul C. Jones
City Clerk
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AGREEMENT
BETWEEN
THE CITY OF HUNPINGTON BEACH
and
ARTHUR YOUNGS AND COMPANY
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This Agreement is entered into as of May 1 , 1970,
between the CITY OF HUNTI'INGTON BEACH, a municipal corporation of the Static
of California, hereinafter referred to as "City," and ARTHUR YOUNG AND
COMPANY, a consulting firm, hereinafter referred to as "Consultant."
WHEREAS, the City desires to have performed the work described
in Paragraph I of the Schedule set forth in this Agreement; and
i
WHEREAS, Consultant, by and thro>>gh its employees, agents, or
representatives is willing, able and qualified to provide such necessary
se;:vice•s;
NOW THEREFORE, in consideration of the promises and mutual covenant,
herain contained, the City and Consultant agzec as follows:
SCHEDULE
I. Statement of. Wort: to be Performed by Consultant
The following tasks will be rierformcd to develop the traffic records
system and data base:
i, Preparation Please - Familiarization of involved City depar lments to
finalize project scope and establish lines of communication between
Consultant and City.
2. Phase One - Requireire;ats Analysis.
a. i nalysis of present traffic records system flow.
b. Analysis of zurrent files.
c. Def nit•ion of user requirements by data element.
d. Estimate costs and bencarits of current system and major
:system options.
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3. Phase Two - Develop systems specifications and conceptual systems
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design.
a. Investigate data sharing.
?- b. Develop systems specifications.
c, Systems conceptualization.
d. A.-ialyze alternative methods and costs. ,
e. Develop concepbial design report.. I
tit 4. Phase Three - Systems Development. i
a. Detailed input forms deign.
b. Detailed systems design. r
c. Field data collef.tion.
:scary files for conversion.
J. Prepare nec+=:
e. Systems programminZ.
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t. S. Phase Four - Systems Implementation.
a. Convert files.
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r b. Implement and parallel test systems. i
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IT. The CitShall Provide
1. Data conversion to machine readable formal.
2. Necessary hours of computer time (non -prime) to debug and implement
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programs. t
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III. Pro act Plan
The project plan is attached hereto and marked Exhibit "A", and made a
part of this Agreement as is set forth fully herein.
' IV. Considerationgnd Payment
For consideration for the perfurmar.ce by Consultant of the effort set
forth ir, Paragraph I of the ,Schedule, the City will pay Consultant the
1
sum of $88,000.000 said sum to be due and payable in progressive pay-
ments to be made as follows:
Monthly for costs incurred during the prior month.. Fina! payment .�
to be made contingent upot. acceptance by the State of the Pival
Report.
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V. Period of Performance
This Agreement is effective as of May 1, 1970, and shall remain in
effect until performance is completed or the daze of December 1, L9712
whichever shall occur sooner, or until terminated in accordance with
Section VI of the Schedule.
VI. Termination
} This Agreement may be terminated at the mutual consent of the parties
•1
or at the sole discretion of the Citv. In the event of such termination,
the City shall reimburse Consu!ti.ant for the costs of work completed or
in progress as of the date of termination,.
VI.I. General Conditions
;= 1. This instrument contains the entire and only agreement between
the parties respecting the subject matter hereof and any and/or
ti other representation, promise, or condition in connection there—
with not incorporated herein shall not be binding upon either
pasty. No waiver, alteration or modification of this Agreement
slab by valid unless made in writing and signed on behalf of
both parties by a duly authorized officer thereof.
2. The Consultant warrants that staff members as outlined, named and
set forth in the proposal shall in fact perform tLe services as
A e a . defined. the event Consultant: shall
outlined at the level f:i In ►
find it necessary to replatte .any of the aforementioned personnel,
Consultant will, prior to such replacement, acquire the approval
of the City.
Notwithstanding any other clause ot: the Agreement, costs allowable
to replacement personnel who have not been apprr.ved by the City
si,all not be considered as allowable charges under this Agreement.
3. The State and National Highway Safety Bureau is authorized to review
and inspect the activities of Consultant: with respect to this pro-
ject during the term of this Agreement. Such review and inspection
will be doge at mutually agreeable times acid places so as not to
interfere with the pace of the project.
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4. Ail data and material relating to traffic reco:ds for the City
which are collected under this Agreement wi11 be nu►•nvd by the
City.
5. The Consultant warrants that he has not employed or retained
any company or persons, other than a bona fide employee working;
solely for the Consultant, to solicit or secure this contract,
and that he has not paid of agreed to pay any company or person,
other than a bona fide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee. gifts, or any othez
consideration, contingent upon or resulting from the award or making
of this contTact. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability,
or, in its discretion to deduct from the contract price or considera-
tion, or otherwise recover, the full amount of such fee, commission,
percentage, bro!-erage fee, gift or contingent fee.
VIII. Employment Practices
During the performance of this contract, the Consultant agrees as follows:
1. The Consultant will not discriminate against any employee or applicant
for employment because of race, creel, color or national origin.
Th.� Consultant will take affirmatIve action to ensure thatapplicants
are employed, and that employees are treated during employinenc with-
out regard to race, creed, color or national origin. Such action
shall include, but not be limited to the following: employment:,
upgrading, demotion or transfer; recruitment or recruitment adver-
tising; layoffs or termination; rates of pay or other forms of
compensation; and selection for tra':ning, including apprenticeship.
'The Consultant agrees to post in conspicuous places, Available to
employees and applicants for employr+acait, noLlces setting forth the
provision of this nondiscrimination cla!ise.
2. The Consultant will, in all solicitations or advertisements for
employees placed by or on behalf of the Consultant, state that
all qualified applicants will recaive consideration for employment
without regard to race, creed, color or national origin.
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3. The Consultant will send to each labor union or representative
or workers with which he has a collective bargaining agreement
or contract or understanding, a notice advising the labor union
ar workers' representative of the Consultan`', commir-^ents under
this nondiscrimination clause and shall post copies of the notice
in conspicuous places available to employees and applicants for
emp loymert.
4. The Consultant will permit access to his books. records and
accounts by the applicant agency, the State, and the Federal
Highway Administration for the purposes of investigation to
ascertain compliance with this nondiscrimination clause.
5. In the event of the Consultant's noncompliance with the non-
discrimination clauses of this contract, this contract may be
canceled, terminated or suspended in whole or in part.
In witness whereof, the parties hereto have executed this Agreement
on the day and year first- above written,
CITY OF HUNTINGTON BEACH ARTHUR YOUNG AND COMPANY
By: By:
D nal D. hip,ley Daniel. T. McSweeney
Mayor Principal. -in -Charge
Date: IMP Date:
A TTES
City erg.
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... _ , cy 101NAL CORY1
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for Master File
Ot RETURRED
TO CITY CLEMn
t REVISION TO AGREEMENTL1
BETWEEN
flol
THE CITY OF HUNTINGTON BEACH
AND
ARTHUR YOUNG i COMPANY
This Revision to Agreement is entered into as of ,
1971, between the CITY OF HUNTINGTON BEACH, a municipal orporation of
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the State of California, hereinafter referred to as "City," and
ARTIIUR YOUNG fiz COMPANY, a. consulting firm, hereinafter referred to as
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"Consultant. "
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WHEREAS, the City desires to amend the scope of work described
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in Paragraph I of the Agreement dated May 1, 1970, beti7een the City
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and the Consultant whereby the Consultant would perform certain se:�-
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vices in connection with the development of a traffic records system;
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and
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WHEREAS, Consultant, by and through its employees, agents, or
I
representatJves is willing, able, and qualified to perform the tasks
required by said amended scope;
HOW THEREFORE, in consideration of the premises and mutual
covenants herein contained, the City and Consultant agree as follows:
' SCHEDULE
T. Statement of York to be Performed by Consultant
The following tasks will be added to the scope of wce k to
be performed by the Consultant:
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1. Programmin - Consultant will code, test, and debug
the following programs which are a pan'., of the traffic
records system:
Location Update
Location Master File Listing
Interim Street Guide Listing
Citation/Accident Card Edit
Citation Activity File Update
Depirtment Citation Report
Accident Activity rile Update
Location Detail Report
Hazardous/Highest Accident Report
Police Management Reports
2. Documentation - Consultant will provide program dccu--
mentation in accordance with specifications contained
in the system documentation manual provided for use
in the traffic records project,
IT. Consideration and Payment
For cerisideration for the performance: Ly Consultant of the
effort set forth in Paragraph I of the Schedule, the City
will increase the total amount to be paid to the Consultant
to the sum of $100,000.00.
Other Terms and Conditions
All. other terms and conditions of the Agreement remain
unchanged.
Page 2 of 3
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Its witness whereof, the parties hereto have executed this
Revision to Agreement on the day and year first above written.
CITY HUNTINICT014 BEACH ARTHUR YOUNG & COMPANY
M MSyWA
a r Pr
ro-Tempore Daniel T. McSweeney
]partner. -ire --Charge
ATTEST,,
APPRO A$ TO FORM
LAI DON P. BONFA
City Attorney
Page 3 of 3
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1 I •
.l, � If�rtiu •,'
Cour;cil Chamber, Civic fA:nter
Huntington Beach, California
Monday, June 22, 2.970
Mayor Shipl.wy called the, regular &djourned r:weti.ng of the City Coun,':l.i.
of t hes City of Huntington Beach to order at. 7: 00 Y.M.
' The. Pledge of Allegiance a given all rosent in the C� w,,c:i i
�1 g was g by p o
I;()L 1, CALL ;
Councilmen Present: �):~een, Bartlett, McCxa.cker,, rs:.bbs, Matne:i, 0o 0.,),
11ipley
Councilmen Absent: None
Ef�.��F{GENCY ORD. NO. ' 156'" - A1�CJi'`.C'ED - rSTABLISISS MOTORCYCLE RE0 U!.!1TI(_).' L
', lie! Clerk gave Emergency Ordinance No. 1587 a. reading in full - 'V,11
EME,RCENCY ORDINANCE 0!. THE CITY OF HUNTINGTON BEACH' AMENDING THE
HUNTINGTON B, JACA ORDII - NCE CODE BY ADDING T'0 CHAPTER 55 s ARTICI.-; `.'57
ESTABLISHING REGULATION° FOR OPERATION 7F N110TORCYCLr At�J MOTOR-Dji?VEN
(:YCL.rS a n
On motion by Bartlett, Cou_7,ci.l passed and adop .P.d Emergency Urclinaa)c:.!
I`1o. 158•( by the following roll. call vote:
A"fES: Councilmen: Green, Bartlett, McCracken, Gibbs, 114atrioy, Cc-jr,,
Shipley
110I�: Counr.I men: None
AB�;ENT: Coun,--j' .men: None
BOARD AND APPOINTMENTS
On motion bj br•rtlett, the Following appointment-s were made to thu Il rlb-ni.
Land rn4 tit.ute Citizens' Steering Committee, Pexrsonaiel Bcard.. ReCru,i-
tion and 1"arks Commission and Library- Board, with all terms to expir%:
on June ;�), 10,74. Mo t ion carried ,
t.1r•k.an Lind Institute -- Ci'l`,icens' Steering Committee
_�....___.....�._........_..r.. _.� ... �tiAh
Recreation and Parks Commission -- Elizabeth 1.enntt o.y
Libral% Board « Geoz• e Williams�,..� ..._-...._._.. Don Mitchell_
C . E . "t3ill" Woods
Doan"d - Walter Young
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�•AGYF.EMENT. y y 5+RAt'F:LC SYSTFM5 ANALYSIS, - AR'TI1Ufi YOUhfc- & CO. -• �irj•'i�r�`:':'•D
On motion by Coen, Council approved an agreement between triotznd
Arthur Young and Company, Consultant, for, a, traffic systems any lysi.-.
prpje^ t, and authorized uhe Mayor and. City Clerk to executc swn.e on
behalf of the City. Motion caTried.
PROPOSED LITIGATION - RE: 114PL:IED PUBLIC RECREATxONAL F3'r',AC,Ii
I
On motion by Green, with Counclltna.:ri McCracken abstaining, the f'o:l. �.o;- .i �
action was adopted by Council. Motion carried.
i Can the advice of the Ctty Attornpy, the Council. c►ire : . j E �
' city depa.r:;ments, boards and commissions to proc;:ss pi•ac�:�„rr,.1J.,�
all &pplicati.ons concerning the use of bcg.ch property whi.cY, i ;,
the sub Jest matter of pending., quiet title, lit•i.gat:j,on, In I. he
usual manner under the Iiuntingt�3n Peach Ordinance Co+�e . f`o'
r all apf licat Ions should he ,. Bfe rr ed tc the City Attorney',-
i'or review and legal opinion pr9or to action being talcet: t:hlwro,_'r:.
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CITY CLERK'S
COPY
AGREEMENT
BETWEEN
THE CITY OF HUNTINGTON BEACH
and
ARTHUR YOUNG AND COMPANY
9,
This Agreement is entered into as of May 1 , 1970,
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California, hereinafter referred to as "City," and ,P.RTHUR YOUNG AND
COMPANY, a consulting firm, hereinafter referred to as "Consultant."
WHEREAS, the City desires to have performed the work described
in Paragraph I of the Schedule set forth in this Agreement; and
WHEREAS, Consultant, by and through its employees, agents, or
representatives is willing, able and qualified to provide such necessary
services;
NOW THEREFORE, in consideration of the premises and mutual covenants
herein contained, the City and Consultant agree as follows:
SCHEDULE
I. Statement of Work to be Performed by Consultant
The following tasks will be performed to develop the traffic records
system and data baser
1. Preparation Phase - Familiarization of involved City departments to
finalizq project scope and Establish lines of communication between
Consultant and City.
2. Phase One - Requirements Analysis.
a. Analysis of present traffic records system flow.
b. Analysis of cu-crent files.
c. Definition of user regvirements by data element.
d. Estimate cos t:j and benefits of :urrent system and major
system options.
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3. Phase Two - Develop systems specifications and conceptual systems
design.
a. Investigate data sharing.
b. Develop systems specifications.
c. Systems conceptualization.
d. Analyze alternatilre methods and costs.
e. Develop conceptual design report.
4. Phase Three_- Systems Development.
a. Detailed input forms design.
b. Detailed systems design.
c. Field data collection.
d. Prepare necessary files for conversion.
e. Systems programting.
5. Phase Four - Systems Implementation.
a. Convert files.
h. Implement and parallel test systems.
II. The City Shall Provide
1. Data conversion to machine readable format.
2. Necessary hours of computer time (non -prime) to debug and implement
programs.
III. Protect Plan
The project plan is attached hereto and marked Exhibit "A", a-nd made a
part of this Agreement as is set forth fully herein.
IV. Consideration and Payment
r
For consideration for the performance by Consultant of the effort set
forth in Paragraph I of the Schedule, the: City will pay Consultant the
s
,
sum of $88,000.00, said sum to be due and payable in progressive pay-
ments to be made as follows:
t
t Monthly for costs incurred during the prior month. Final payment
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to be made contingent upon acceptance by the State of the Final
Report.
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V. Period of Performance
This Agreement is effective as of May 19 1970, and shall remain in
effect until performance is completed or the date of December 1, 1971,
whichever shall occur sooner, or until terminated in accordance with
Section VI of the Schedule.
VI, Termination
This Agreement may be terminated at the mutual consent of the parties
or at the sole discretion of the City. In the event of such termination,
the City shall reimburse Consultant for the costs of work completed or
in progress as of the date of termination. 4
1
VII. General Conditions
1. 'This instrument contains the entire and only agreement between
the parties respecting the subject matter hereof and any and/or
other representation, promise, or condition in conncction there-
with not incorporated herein shall not be binding upon either
party. No waiver, alteration or modification of this Agreement ?
{
shall be valid unless made in writing and signed on behalf of
both parties by a dul.y authorized officer thereof.
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2. The Consultant warrants that staff members as outlined, named and 1
set forth in the proposal shall in fact _perform the services as 3
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outlined at the level as defined. In the event Consultant sha7.1
find it necessary to replace any of the aforementioned personnel.
Consultant will, prior to such replacement, acquire Uie approval
of the City,
Notwithstanding any other clause of the Agreement, costs allowable l�f
to replacement personnel who have not been approved by the City
shall not be considered as allowable charges under this Agreement.
3. The State and National Highway Safety Bureau is authorized to review
and inspect the activities of Consultant wii.h respect to this pro-
ject during t-hE term of this Agreement. Stich review and inspection
will be done at mutually agreeable times and placts so as not to
interfere with Chi pace of the project.
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4, All data and material relating to traffic records for the City
which are collected under this Agreement will be owned by 4he
City.
5. The Consultant warrants that he has not amployed or retained
any company or persons, other than a. bona fide employee working
solely for the Consultant, to solicit or secure this contract,
and that he has not paid or agreed to pay any zompany or person,
J
other than a bona fide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making
of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability,
or, in its discretion to deduct from the contract price or considera-
tion, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
VI: Employment Practices
U ,ig the performance of this contract, the Consultant agrees as follows:
1. /ic, consultant will not discriminate against any employee or applicant
for en'. -nnnt because of race, creed, color or national origin.
The Consul. -ill take affirmative action to ensure that applicants
are employed. anc employees are treated during employment with-
out regard to race, ci r.olor ar national origin. Such action
shall include, but not be lit- ' to the following: emp.loymerct,
upgrading, demotion or transfer; recruitment or recruitment adver-
tising; layoffs or term{nation; rates of pay or other forms of
compensation; and selection ;:or training, including apprenticeship.
The Cot►sul.tLnt agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provision of this nondiscrimination ,.lanse.
2. The Consultant will, in all solicitations or advertisements for
employees placed by or on behalf of the Consultant, state that
all. qualified applicants will receive consideration for employment
without regard to race, creed, color or national origin.
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3. The Consultant will s( d to each labor .union o,. r4presentati.tre
or uorkers with which he ''pas a collectiv a bargaining apteelr,ent
or contract or understandinL . a noti::e ac rising the labor union
of workers' representative of tie Consult it's co;irnitrlents under
this nondiscrimination clause and =hall pc copies of the notice
iTL conspicuo4s places available to ent_,)loyec :cad applicants for
employment.
4. The Consultant will permit access to hij V. records and
accounts by the applicant agency„ the. State, a the Federal
Highway Administration for the purpose.,;of inve.,L. anon to
ascertain compliance vdth this nondiscrimination elau'`5e.
S. In the event of the Consultant's noncompliance wi zha the nY n•-
discrimination clauses of this contract, this can.re.ct may b
canceled, terminated or suspended it whole o,• in parr.
In witness whereof, the parties hereto have executed this Agreement
on the dai and year First above writtun.
CITY OF h"!NTINGTON BEKH
D nmid D. 'Shiple
Mayor
Date; ` „? f f"
ATTBST:
r'
.Jity,,, :erk
- 5-
__ _._._ ._ ......
ARTHUR YOUNG AND COMPANY
BY:.
aniel L . McSweeney
Principal-i.n-Chazgc
jr
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