HomeMy WebLinkAboutContracts & Agreements_50-2005_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
This Agreement is made and entered into this 15th day of March, 2005 by and between
the City of Redlands, a municipal corporation (hereinafter City) and Porter Lee Corporation,
hereinafter (Consultant).
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby retains Consultant to perform professional consulting services relating to
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software installation, setup, training, deployment and documentation ("Services").
1.2 The Services shall be performed by Consultant in a professional manner and Consultant
represents that it has the skill and professional expertise necessary to provide the Services
to City at a level of competency presently maintained by other practicing professional
consultants in the industry providing like and similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in
Consultant's proposal to City dated February 7, 2005, a copy of which is attached hereto
as Exhibit "A" and incorporated herein by this reference.
2.2 Consultant shall comply with applicable Federal, State and local laws in connection with
its performance of the Services including, but not limited to, applicable State Labor
Code requirements and the State's Fair Employment and Housing Act.
2,3 Consultant agrees that all performance requirements attached hereto as Exhibit "D" shall
be met without the purchase of additional software, hardware or services not outlined in
Exhibit"A".
ARTICLE 31 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant, in a timely manner, complete and accurate
information in City's possession that is relevant to the performance of the Services.
3.2 City will provide Consultant with access to City-owned property as required by
Consultant to perform the Services.
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ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall complete the Services by May 1. 2005, in accordance with the
performance schedule attached hereto as Exhibit "B." The parties agree that time is of
the essence in Consultant's performance of the Services.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$22,665.85. A breakdown of this fee is shown on Exhibit "C." Additional fees for extra
work, if any, to be computed and paid as provided in Exhibit "E" of this Agreement.
5.2 Consultant shall bill City within ten days following the end of each month by submitting
an invoice indicating the portion of the Services performed, who performed the Services
and the cost of such Services, including backup documentation. Payments by City to
Consultant shall be made within thirty (30) days after receipt and approval of
Consultant's invoice, by warrant payable to Consultant,
5.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail shall be addressed as
follows:
City Consultant
Cletus Hyman, Deputy Chief Porter Lee Corporation, Inc.
Redlands Police Department Attn: Tim Smith, President
P.O. Box 3005 1072 S. Roselle Road
Redlands, CA 92373 Schaumburg, IL 60193
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant during the
term of this Agreement and shall be primary with respect to City and non-contributing to
any insurance or self-insurance maintained by City. Consultant shall not perform any
Services unless and until all required insurance listed below is obtained by Consultant.
Consultant shall provide City with Certificates of Insurance and endorsements
evidencing such insurance prior to commencement of the Services. All insurance
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policies shall include a provision prohibiting cancellation of the policy except upon thirty
(30) days prior written notice to City.
6.2 Workers Compensation and Employers Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the term of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to City.
B. City and Consultant expressly waive all rights to subrogation, each against the
other, their respective elected officials, officers and employees for losses arising
from the Services performed under this Agreement. Consultant expressly waives
Consultant's immunity for injuries to Consultant's employees and agrees that the
obligation to indemnify and hold harmless provided for in this Agreement extends
to any claim brought by or on behalf of any employee of Consultant. This waiver
is mutually negotiated by the parties. This waiver shall not apply to any damage
resulting from the sole negligence of City, its agents and employees. To the
extent any of the damages referenced herein were caused by or resulted from the
concurrent negligence of City, its agents or employees, the obligations provided
herein to indemnify, defend and hold harmless are valid and enforceable only to
the extent of the negligence of Consultant, its officers, agents and employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of one million dollars ($1.000,000)
per occurrence and one million dollars ($1,000,000) aggregate for public liability,
property damage and personal injury is required. Consultant shall obtain an
endorsement that City shall be named as an additional insured.
6.4 Business Auto LiabiliII, Insurance. Consultant shall have business auto liability coverage
with minimum limits of one million ($1,000,000) per occurrence, combined single limit
for bodily injury liability and property damage liability. This coverage shall include all
Consultant owned vehicles used in connection with Consultant's performance of the
Services, hired and non-owned vehicles, and employee non-ownership vehicles.
Consultant shall obtain an endorsement that City shall be named as an additional insured.
6.5 Hold Harmless and Indemnification. Consultant shall indemnify and hold harmless City,
its elected officials, officers and employees from and against any and all actions, claims,
demands, lawsuits, losses and liability for damages to persons or property, including
costs and attorneys' fees, that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of, or in connection
with, Consultant's negligent and/or intentionally wrongful acts or omissions in
performing the Services, but excluding such actions, claims, demands, lawsuits and
liability for damages to persons or property arising from the sole negligence or
intentionally wrongful acts of City, its elected officials. officers and employees or agents.
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ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees.
7.2 All documents, records, drawings, designs, cost estimates, electronic data files,, databases
and other documents developed by Consultant pursuant to this Agreement shall become
the property of City and shall be delivered to City upon completion of the Services, or
upon the request of City. Any reuse of such documents and any use of incomplete
documents will be at City's sole risk.
7.3 Consultant is for all purposes an independent contractor. Consultant shall supply all
tools and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the
account of, or in behalf of, City.
7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.5 This Agreement may be terminated by either party, without cause, by providing seven (7)
days prior written notice to the other party (delivered by certified mail, return receipt
requested).
7.6 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
7.7 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
be made, but no amount shall be allowed for anticipated profit or unperformed Services,
and any payment due Consultant at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any adjudged default by Consultant.
7.8 Upon receipt of a termination notice from City, Consultant shall discontinue all Services
and provided City has fulfilled all of its financial obligations under this Agreement
except those in dispute, deliver or otherwise make available to City copies (in both hard
copy and electronic form, where applicable) of any data, design calculations, drawings,
specifications, reports, summaries and such other information and documents that have
been prepared or assembled by Consultant in performing the Services.
7.9 Consultant shall maintain books evidencing payroll costs and all expenses associated
with the Services, Such books shall be available at all reasonable times for examination
by City at the office of Consultant.
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7.10 This Agreement, including the exhibits incorporated herein by reference, represents the
entire agreement of the parties as to the matters contained herein., and any prior
negotiations, proposals and agreements relating to the subject matter hereof are
superseded by this Agreement. Any amendment to this Agreement shall be in writing,
approved by the City Council of City and Consultant.
7.11 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS PORTER LEE CORPORATION.
A
B
By: y:
Slu s an eppler Mike Evans
Mayor Vice President
ATTEST:
City'Clerk. City,/o lands
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EXHIBIT "A"
Equipment
Item# Item Description Qty Unit Cost Cost
I Crime Fighter BEAST Evidence Software License fee. Remote stations for 1 $4,500.00 $4,500.00
Tracking Software viewing/printing case reports only are free,
2 Crime Fighter BEAST Evidence Provides for 3 additional BEAST Workstation 3 $1,000.00 $3,000.00
Tracking workstation software
3 Symantec PC Anywhere Remote Access for Help Desk and Technical 1 $200.00 $200.00
Support
4 Bar code printer Zebra TLP2844 Thermal Transfer Printer 4 $650.00 $2,600.00
5 Bar code scanner LS4004 I d bar code scanner 1 $710.00 $710.00
6 Joint bar code printer/scanner Cable which allows for bar code printer and 1 $100.00 $100.00
cable scanner to be on one computer serial port
7 Printer Cable DB9 Serial Cable for Printer hook-up 3 $15.00 $45.00
8 Ribbons 4"Resin ribbons for Zebra printer. 4 $12.50 $50.00
9 Labels Bar code label stock for Zebra printer.4 X 5 3 $43.00 $129.00
500 per roll
10 Labels Bar code label stock for Zebra printer, 1 $43.00 $43.00
Standard 1,500 labels per roll
11 Palm Pilot 1800 portable Allows for remote inventory 1 $1,200.00 $1,200.00
computer with laser unit.
12 Software for remote inventory. Allows for remote inventory,downloading 1 $1,000.00 $1,000.00
and printing of inventory reports.
13 Palm Pilot dock Holds the Palm Pilot. Includes Interface Cable 1 $150.00 $150.00
&Power Supply.
TOTAL Software&Equipment $13,727.00
Services
1 Annual Software Support Support includes the help Desk,program 1 $1,275.00 $1,275.00
updates and news letter
2 Data Conversion Convert existing data into the BEAST 1 $3,000.00 $3,000.00
3 Installation&Training Onsite installation and training to be provided 3 $1,200.00 $3,600.00
to Property custodian. Additional trainees
may require additional time
TOTAL Services $7,875.00
TAX(Software&Equipment) $1,063.84
TOTAL 1$22,665.84
Quoted By:Tony Pisani Porter Lee Corporation
Date:02/07/05 1072 S.Roselle Rd
Valid For:90 Days Schaumburg,IL
(847)985-2060
Porter-Lee-Exhibit A 6
EXHIBIT "B"
PERFORMANCE SCHEDULE
DATES RESPONSIBILITY TASKS
3-16-05 to 3-18-05 City Issue purchase order.
3-28-05 to 4-1-05 City/Consultant Establish link between evidence server
and Porter Lee Corporation.
4-4-05 to 4-8-05 Consultant Install and configure BEAST Server
Software remotely.
4-8-05 to 4-22-05 Consultant Convert Dole system data for testing and
training.
4-25-05 to 4-29-05 Consultant Install and configure BEAST
Workstation Software.
4-25-05 to 4-29-05 Consultant Install, configure and test bar code
printers and scanners.
4-25-05 to 4-29-05 Consultant Configure and test all system
components and hardware. Including:
security.
4-25-05 to 4-29-05 Consultant Train personnel on evidence processing,,
input and data retrieval.
4-25-05 to 4-29-05 Consultant Train personnel on evidence tracking
process and reports.
4-25-05 to 4-29-05 Consultant Train personnel on administrative and
maintenance.
4-25-05 to 4-29-05 Consultant City Go Live with system. Download all
Dole System data for final conversion.
4-25-05 to 4-29-05 Consultant i City Install and test converted Dole System
data.
4-25-05 to 4-29-05 City Test and system for final acceptance.
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EXHIBIT licit
PAYMENT FOR SERVICES
Software
$3,850 upon signature of contract.
$3,850 upon final acceptance of system.
Hardware
$3,013 upon signing of contract.
$3,014 upon installation, testing and final acceptance.
Data Conversion
$3,000 invoiced upon integration of converted data into the BEAST system, testing and final
acceptance.
Installation & Training
$1,800 upon software installation.
$1,800 after conclusion of training.
Annual software Support
$1.275 upon final acceptance of system.
Sales Tax
7.75% Sales tax to be paid on applicable purchases at time of payment.
Total of Pavi-nents
$221,665.84 (Including Sales Tax)
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EXHIBIT "D"
PERFORMANCE REQUIREMENTS
Consultant agrees that all performance requirements will be met without the purchase of
additional software or services.
• One BEAST workstation with bar code scanning capability.
• Three BEAST workstations for evidence processing.
• Installation and configuration of BEAST software.
• Compatibility with Microsoft Windows 2000/2003 server operating system.
• Compatibility with Microsoft SQL 7 or higher database.
• Conversion of current Dole Evidence System data to allow for the search, retrieval and
printing of currently entered evidence through the BEAST system.
• Unlimited client software for retrieval of information from BEAST system.
• User defined security levels may be applied at individual or group user levels,
1 4:1
•
Ability to search by any entered field..
• Ability to print bar codes at each workstation.
• Ability to conduct remote inventory through use of Palm Pilot with bar code reader.
• Ability to print Management and Statistical reports.
• Case number—minimum of nine (9) digit.
• Crime type —minimum of six (6) digit.
• Training of a personnel to act as trainers in the end user functions of the BEAST system.
• Training of evidence section personnel in the property and evidence handling functions of
the BEAST system.
• Training of appropriate personnel in the administration of the BEAST system.
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EXHIBIT 44E"
CONSULTANT'S RATE OF PAY SCHEDULE
Custom Programming $150.00 per hour
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