HomeMy WebLinkAboutEMMACK CRONAN GROUP, INC. - 1999-05-03Council/Agency Meeting Held: 9 %
Defe d/Continued to:
A roved ❑ onditionally Approved ❑ Denied
Pp
li� C) Jerk's Signature
Council Meeting Date: May 3, 1999
Department ID Number: PD99-007
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
7
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
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SUBMITTED BY:
RAY SILVER, City Administrator a2�'
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PREPARED BY:
RONALD E. LOWENBERG, Chief of Police
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SUBJECT:
APPROVE AGREEMENT BETWEEN THE Cl HUNTINGTON
BEACH AND EMMACK CRONAN GROUP, INC.
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
S Issue: Should Council approve a contract between the City of Huntington
Beach and the consulting firm of Emmack Cronan Group, Inc. to assist in the planning,
selection and implementation of a new police Computer Aided Dispatch and Records
Management System (CADIRMS) to replace the existing system. On July 6, 1998, Council
approved the police department's request to hire a consultant for this purpose. Through the
normal bid process, the Department has selected Emmack Cronan Group, Inc. to provide
this consulting service.
Funding Sous+-e: Expenses are budgeted in the Equipment Replacement Fund.
Recommended : Approve attached contract between the City of Huntington Beach
and Emmack Cronan Group, appropriate funds from the Equipment Replacement Fund and
authorize expenditures.
Alternative ActionLs]: Do not approve attached contract.
*QUEST FOR COUNCIL ACTIN
MEETING DATE: May 3, 1999
DEPARTMENT ID NUMBER: PD99-007
Anallysig: The police department is preparing to replace its old Computer Aided Dispatch 1
Records Management System. A considerable amount of planning will be necessary that
requires the expertise and assistance of a consultant throughout this process. Council
recognized the need for this assistance, approved the department's request and authorized
the city to solicit proposals (RCA#: PD98-012). Seven highly qualified consulting firms
submitted proposals. A panel of employees representing the primary functional areas of this
system including communications, records, engineering and system administration reviewed
the proposals and unanimously agreed that the Emmack Cronan Group would best meet the
interests of the department. They not only have substantial system knowledge, but also
communications expertise, Motorola in particular. This will be particularly important as the
department begins integrating the 800MHz mobile data system to the new CAD system. An
added benefit is that Emmack Cronan has a local office in Huntington Beach which should
enhance accessibility.
Attaehment[sl: Contract with Emmack Cronan for CADIRMS Consulting
Certificate of Liability Insurance
Certificate of Workers' Compensation Insurance
City Clerk's
Page Number
RGAGRONA -2- 04/19/99 1:51 PM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE EROCKWAY
CITY CLERK
LETTER OF TRANSA-TITTAL OF ITEM APPROVED BY THE CITY COUNTUL!
REDEVELOP-NIENT AGENCY OF THE CITY OF HUNTI GTON BEACH
DATE:
TO: oee/ mll t C ro r7 /9 J 7?
Name
Stree
City, 5-.ate, Zip
ATTENTION:t,A4,21 f IS
DEPARTNTENT; Y //��
REGARDLtic:✓ 6 - I' i'e eJ
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See Attached Action Agenda Item Date of Approval .
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
CC: L.owen bey
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Agreement Bonds
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Name Department RCA Agreement insurance Other
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(Telephone: 714.536-5227 )
•
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PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND EMMACK CRONAN GROUP, INC. FOR
CONSULTING SERVICES FOR CADIRMS SYSTEM
THIS AGREEMENT, made and entered into this day of -7779I
199q- , by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and EMMACK CRONAN GROUP, INC. a Nevada
corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant for a CADIRMS
system in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC
Chapter 3.03 relating to procurement of professional service contracts has been complied with;
and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal, and CONSULTANT's proposals dated December 8, 1998 and January 11, 1999,
(hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this
Agreement by this reference. Said services shall sometimes hereinafter be referred to as
"PROJECT."
CONSULTANT hereby designates Donald S. Emmack as the primary consultant and
"Partner -in -Charge" for purposes of this Agreement. CONSULTANT may designate other
personnel to perform tasks as needed and act as CONSULTANT's agent in consultations with
the CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
g/agree/cad-rms.04/ E 5I99
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONSULTANT
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than 48 (forty-eight) months from the date of
this Agreement. These times may be extended with the written permission of the CITY. This
schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and
CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT a fee not to exceed One Hundred Fifty Thousand Dollars
($150,000).
5. PRIORITIES
In the event there are any conflicts or inconsistency between this Agreement, the
CITY's RFP, or the CONSULTANT's proposal, the following order of precedence shall govern:
1) Agreement, 2) the CONSULTANT's proposal, and 3) the CITY's RFP.
6. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A," or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
7 METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with -the progress and payment schedules set forth in
Exhibit "A."
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B. Delivery of work product: A copy of every technical memo and report
prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion. Any such product which has not
been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each progress
payment due. Such invoice shall:
1 ) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONSULTANT's firm that the work has been performed in accordance with the
provisions of this Agreement; and
completed.
5) For all payments include an estimate of the percentage of work
Upon submission of any such invoice, if CITY is satisfied that
CONSULTANT is making satisfactory progress toward completion of tasks in accordance with
this Agreement, CITY shall promptly approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for nonapproval, within seven (7) calendar days of
receipt of the invoice, and work shall be suspended until the parties agree that past
performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY shall
be invoiced separately to the CITY. Such invoice shall contain all of the information required
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above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra
work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as
separate and apart from the ongoing performance of the remainder of this Agreement.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps and other
documents, shall be turned over to CITY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first. In the event this Agreement is terminated,
said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit.
Title to said materials shall pass to the CITY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers,
officials, employees and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out of or in
connection with CONSULTANT's performance of its services under this Agreement, or its failure
to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers,
agents or employee, except such loss or damage which was caused by the sole negligence or
willful misconduct of the CITY.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONSULTANT acknowledges
awareness of section 3700 of seq. of said Code, which requires every employer to be insured
4
g`agree'cad-rms: 4:15 99
against liability for workers compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including prod uctslcompleted operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's
insurance shall be primary.
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&'agree; cad-rms:04' 15:`99
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering the
work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than $1,000,000 per occurrence and in the
aggregate. A claims made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following project completion,
including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, CONSULTANT agrees to
purchase an extended reporting provision of at least two (2) years to report
claims arising from work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except after thirty days
prior written notice; however, ten days prior written notice in the event of
cancellation for nonpayment of premium.
6
glagree.1cad-rms-04 15 `99
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CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of City by CONSULTANT under the
Agreement. City or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
15. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided
herein.
16. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
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&gree:-cad-rmsiO4 15'99
17. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
18. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
19. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Police Chief as the situation shall warrant, or by
enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed as follows:
TO CITY: TO CONSULTANT:
Ron Lowenberg, Police Chief
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
20. IMMIGRATION
Donald S. Emmack, Secretary Treasurer
Emmack Cronan Group, Inc.
9655 Gateway Drive, Suite B
Reno, NV 89511
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
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g/agre6cad-rms104/ [ 5'99
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CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
22. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
23. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
EMMACK CRONAN GROUP, INC
Stuart B. Cronan, President
I11
print name T �T
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
0�--= aAa
Cit dministrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
ATTES,-R
City Clerk (o q 9
APPROVED AS TO FORM:
- ]k -3�� &1�
l�-, Iity Attorney
INITIATED AND APPR9QED:
Pblice Chief
9
&gree`cad-rms.103 18 99
PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND EMMACK CRONAN GROUP, INC. FOR
CONSULTING SERVICES FOR CAD/RMS SYSTEM
Table of Contents
1
Work Statement..................................................................................................
1
2
City Staff Assistance...........................................................................................
1
3
Time of Performance..........................................................................................
2
4
Compensation.....................................................................................................
2
5
Priorities..............................................................................................................
2
6
Extra Work..........................................................................................................
2
7
Method of Payment.............................................................................................
2
8
Disposition of Plans, Estimates and Other Documents .......................................
4
9
Hold Harmless....................................................................................................
4
10
Workers' Compensation Insurance.....................................................................
4
11
General Liability Insurance..................................................................................
5
12
Professional Liability Insurance............................................................................. 5
13
Certificates of Insurance.....................................................................................
7
14
Independent Contractor......................................................................................
7
15
Termination of Agreement..................................................................................
8
16
Assignment and Subcontracting.........................................................................
8
17
Copyrights/Patents.............................................................................................
8
18
City Employees and Officials..............................................................................
8
19
Notices................................................................................................................
8
20
Immigration.........................................................................................................
9
21
Legal Services Subcontracting Prohibited...........................................................
9
22
Attorney's Fees ..................................................... ...
............................. .... . .
9
23
.....................
Entirety..................................•.................................................... ...
10
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iT"LZTTNG'TOh 8EACH CALIFORNZA, CITY OF
2000 MAIN STRE2
WJXT:-M'TGN BEACH, CA 92640
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RCA ROUTING SHEET
INITIATING
POLICE
DEPARTMENT:
SUBJECT:
APPROVE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
EMMACK CRONAN GROUP, INC.
COUNCIL MEETING DATE:
May 3, 1999
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed ii full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc_
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION TOWMISSING.ATTACHMENTS
REVIEWED .-:.:
RETURNED:;.
FORA DED
Administrative Staff
( }
( }
Assistant City Administrator (initial)
( )
( )
City Administrator (initial)
( )
( }
City Clerk
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::EXPLANATION FOR'RETURN OF ITEM:
a CITY OF HUNTINGTON BEACH
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VkVINTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
Memorandum
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DATE: April 26, 1999
To: CONNIE BROCKWAY, City Clerk
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FROM: RONALD E. LOWENBERG, Chief of Police
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RE: List of Bidders for Police Technology
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Consultant
Council approval to hire a police technology consultant (PD98-012) gave the
department authorization to solicit proposals. Pursuant to HBMC Chapter 3.03, eight
consulting firms were notified to submit proposals. The list included:
Emmack Cronan Group Inc., 9655 Gateway Dr. Suite B, Reno, NV 89511
Amtec, 18662 MacArthur #200, Irvine, CA 92612
Ray Ganner, 2210 SW King Ct, Portland, OR 97205-1120
Davidson & Lindsey Architects, 835 Mission St., Pasadena, CA 91030
Public Safety Consultants, 903 E. Main St. #205, Auburn, WA 98002
Intervar, 303 Cozumel Court, Laguna Beach, CA 92651
Mike Dillon, 600 Anton, 61h Floor, Costa Mesa, CA 92626
Warner Group, 5950 Canoga Ave. #600, Woodland Hills, CA 91367
The department selected Emmack Cronan Group and is requesting Council approval
during its May 3, 1999 meeting (PD99-007).
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