HomeMy WebLinkAbout1996-09-24 City Council (22)City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
ATTENTION: FINANCE COMMITTEE
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
AGENDA DATE: SEPTEMBER 24, 1996 CMR:401:96
SUBJECT:APPROVAL OF CONSULTANT CONTRACT WITH
TECHWISE CONSULTING, INC. FOR UTILITIES CUSTOMER
INFORMATION SYSTEM APPLICATION DEVELOPMENT
SERVICES
REQUEST
This is a request for approval of a consultant contract with TechWise Consulting, Inc., in the
amount of $123,840, for consulting services and application development efforts on the
Utilities’ Customer Information System (CIS).
RECOMMENDATIONS
1. Approve and authorize the Mayor to execute the attached consultant contract with
TechWise Consulting, Inc., in the amount of $123,840, to provide requirements
definition, data modeling, and application development services to the Utilities’ CIS.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant contract with TechWise Consulting, Inc., the total
value of which shall not exceed $12,384.
POLICY IMPLICATIONS
This report does not propose any change to existing City policies.
CMR:401:96 Page 1 of 3
EXECUTIVE SUMMARY
Summary. of Project
In 1993, the Council approved a three-year, $700,000 Capital Improvement Project for the
Utilities’ CIS. These funds were used to acquire the necessary computer hardware, computer
software, consulting services, data conversion assistance, and the initial services of contract
programming personnel dedicated to the implementation of the CIS. Subsequent
expenditures have been used to acquire additional hardware and to continue the use of
contract programming personnel.
In December 1995 (CMR:510:95), Council approved staff’s request for additional funding
of $186,200 foi~ the Utilities’ CIS and approval of a budget amendment ordinance. This
funding was primarily to continue contract programming support and the data modeling
required through the end of fiscal year 1995-96. Staff informed the Council, at the time the
request was reviewed, that the original project budget for consulting services was not
adequate to allow retaining contract programmers at current market rates. As part of the
Capital Improvement Program for FY1996-97, an additional $340,000 was approved for
consulting services for application development, expanded data modeling functions, and
support to the interdepartmental focus groups working on the definition of requirements.
Selection Process
Proposals were solicited from four qualified organizations, from a list developed by staff
from Purchasing, Human Resources and Information Technology. A number of unsolicited
responses were also received from candidates interested in performing the required analysis
and programming. Three candidates were selected to participate in oral interviews.
Representatives from the Information Technology Division and the Utilities Department
reviewed the proposals. One of the three candidates was not available; the remaining two
candidates were interviewed; the individual from TechWise Consulting, Inc. was selected
on the basis of his technical skills in the PowerBuilder application development tool, Oracle
database management software, and prototyping expertise; previous experience; and ability
to communicate and relate with the Utilities Department staff. The contract for $123,840
represents 1,548 hours of programming time, at $80 per hour. The average hourly rate for
programmers with the skills r~quired for the CIS project is between $75 and $120.
FISCAL IMPACT
Funds in the amount of $123,840 are included in CIP Project Number 9357.
CMR:401:96 Page 2 of 3
ENVIRONMENTAL ASSESSMENT
These services do not constitute a project for the purposes of the California Environmental
Quality Act.
ATTACHMENTS
Attachment: Contract Agreement with TechWise Consulting,Inc.
PREPARED BY: Rob Pound, Manager, Information Technology
DEPARTMENT HEAD APPROVAL: ~
Emily Harrison
Deputy City Manager,
Administrative Services
CITY MANAGER APPROVAL:
CC: n/a
CMR:401:96 Page 3 of 3
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
TECHWISE CONSULTING, INC.
FOR CONSULTING SERVICES
This Contract No. is entered into this day of
, 1996, by and between the CITY OF PALO ALTO, a
chartered city and a municipal corporation of the State of
California ("CITY"), and TechWise Consulting, Inc., a California
corporation ("CONTRACTOR"), located at 391 Henderson Drive, San
Jose, CA 95123 (Taxpayer ID No. 77-0435344).
RECITALS:
WHEREAS, CITY desires certain consulting services
("Services"), as more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONTRACTOR in providing
the Services by reason of CONTRACTOR’s qualifications and
experience in performing such Services, and CONTRACTOR has offered
to provide the Services on the terms and in the manner set forth
herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION i. TERM
I.I This Contract will commence on the date of its
execution by CITY and shall continue in full force and effect until
June 30, 1997, or as earlier terminated as provided herein. Time
is of the essence of this Contract. The obligation of CONTRACTOR
to perform the Services will commence in accordance with this
Section. It is understood and agreed tha£ the services to be
performed by CONTRACTOR will be in response to the assignment of
responsibilities for the definition of requirements, design,
development, test, implementation, and documentation of the City’s
implementation of Utilities Customer Information System.
SECTION 2.
CONTRACTOR
QUALIFICATIONS,STATUS,AND DUTIES OF
2.1 CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONTRACTOR further represents and warrants
that the project director and every individual charged with the
performance of the Services under this Contract are duly licensed
or certified by the State of California, to the extent such
960918 lao 0031429
licensing or certification is required by law to perform the
Services.
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to be
furnished, the Services.
2.3 Steven K. Orr shall perform all work on behalf of
CONTRACTOR and shall have overall responsibility for the progress
and execution of this Contract for CONTRACTOR.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Services;
2.4.2 Keep itself reasonably informed of all existing
and future Federal, State of California, and local laws,
ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Contract, any materials used in
CONTRACTOR’s performance under this Contract, or the performance of
the Services;
2.4.3 At all times observe and comply with, and cause
its employees and contractors (and consultants), if any, who are
assigned to the performance of this Contract to observe and comply
with, the laws, ordinances, regulations, orders and decrees
mentioned above; and
2.4.4 Report immediately to the project manager, in
writing, any discrepancy or inconsistency it discovers in the laws,
ordinances, regulations, orders, and decrees mentioned above in
relation to any specifications or provisions of this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and will not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without the
prior written approval of the city manager.
2.6 CONTRACTOR will provide CITY with the electronic
version and required number of originals and copies of the reports,
letters, memos, schedules, drawings, documentation and other
writings, if any, which may be required.
2.7 If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will provide such additional copies and
CITY will compensate CONTRACTOR for its duplication costs.
960918 lao 0031429
2.8 CONTRACTOR will be responsible for employing or
engaging all persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be responsible for their
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or contractor will be discharged immediately from further
performance under this Contract on demand of the project manager.
SECTION 3. DUTIES OF CITY
3.1 The City Manager will represent CITY for all
purposes under this Contract. The Manager of Information
Technology is designated as the project manager for the City
Manager. The project manager will supervise the performance,
progress, and execution of the Services.
3.2 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manner.
SECTION 4 COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR the sum of Eighty
Dollars ($80.00) per hour, payable within thirty (30) days of
submission by CONTRACTOR of its’itemized billings, in triplicate;
provided, however, the total sum payable to CONTRACTOR hereunder
will not exceed One Hundred Twenty-three Thousand Eight Hundred
Fifty Dollars ($123,850) per fiscal year, including expenses.
SECTION 5. AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. CONTRACTOR further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6. INDEMNITY
6.1 CONTRACTOR agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
960918 laQ 0031429
3
SECTION 7. WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract, or of the provisions of any ordinance or law, will not be
deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 8. INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "B",
insuring not only CONTRACTOR and its contractors, if any, but also,
with the exception of workers’ compensation, employer’s liability,
and business liability insurance, naming CITY as an additional
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:X or higher which are admitted to transact insurance .business in
the State of California. Any and all contractors of CONTRACTOR
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
8.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and business liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
8.4 The procuring of such required policy or policies of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
960918 lao 0031429
CONTRACTOR will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION 9. WORKERS’ COMPENSATION
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Services.
SECTION 10.
SERVICES
TERMINATION OR SUSPENSION OF CONTRACT OR
i0.i The city manager may suspend the performance of the
Services, in whole or in part, or terminate this Contract, (a) im-
mediately, for cause, or (b) by giving thirty (30) days’ prior
written notice thereof to CONTRACTOR if no cause for suspension or
termination exists. Upon receipt of such notice, CONTRACTOR will
immediately discontinue its performance of the Services.
10.2 CONTRACTOR may terminate this Contract or suspend
its performance of the Services, in whole or in part, by giving
thirty (30) days’ prior written notice thereof to CITY.
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid for the Services actually rendered to CITY
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY will be obligated to
compensate CONTRACTOR only for that portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the city manager acting in the reasonable exercise
of her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure of CITY to agree with CONTRACTOR’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONTRACTOR to fulfill its obligations under this Contract.
960918 la~ 0031429
SECTION Ii.ASSIGNMENT
ii.I This Contract is for the personal services of
CONTRACTOR. Therefore, CONTRACTOR will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the city manager Will be
void and, at the option of the city manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12. NOTICES
12.1 All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To
CONTRACTOR:
SECTION 13.
TechWise Consulting, Inc.
391 Henderson Drive
San Jose, CA 95123
CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having such an interest. CONTRACTOR certifies that no
person who has or will have any financial interest under this
Contract is an officer or employee of CITY; this provision will be
interpreted in accordance with the applicable provisions of the
Palo Alto Municipal Code and the Government Code of the State of
California.
SECTION 14. NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of any person under
this Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
960918 lao 0031429
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "C"o
14.2 CONTRACTOR agrees that each contract for services
with an independent provider will contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR with a
certificate stating that [Name of Provider] is
currently in compliance with all Federal and State
of California laws covering nondiscrimination in
employment; that [Name of Provider] will pursue an
affirmative course of action as required by the
Affirmative Action Guidelines of the City of Palo
Alto; and that [Name of Provider] will not
discriminate in the employment of any person under
this contract because of the age, race, color,
national origin, ancestry, religion, disability,
sexual preference or gender of such person."
14.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of contract, or both. 0nly
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
14.4 If CONTRACTOR is in default of the nondiscrimination
provisions of this Contract or the Affirmative Action Guidelines
pertaining to this Contract, CONTRACTOR will be found in material
breach of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
from the amount payable to CONTRACTOR the sum of two hundred fifty
dollars ($250) for each calendar day during which CONTRACTOR is not
in compliance with this provision as damages for breach of
contract, or both.
SECTION 15.MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled persons. CONTRACTOR will comply with or ensure by its
advice that compliance with such provisions will be effected in the
performance of this Contract.
960918 lae 0031429
7
15.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
15.3 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or, oral.
This document may be amended only by a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be, of the parties.
15.8 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
15.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
15.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
II
II
II
II
II
II
II
II
960918 lao 0031429
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 15.11 shall take precedence in the event
of a conflict with any other covenant, term, condition, or
provision of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
CITY OF PALO ALTO
City Manager Steven K~. Orr, President
APPROVED AS TO FORM:Taxpayer’s I.D. No. 77-0435344
Senior Asst. City Attorney
APPROVED:
Manager of Information
Technology
Deputy City Manager
Administrative Services
Risk Manager
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
SCOPE OF SERVICES
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
960918 lao 0031429
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On ~ ~l[~ before me, the undersigned, a notary
public in ind for said County, personally appeared
, personally known to me
(or__proved to me on the basis of sat’._ f~ctory evi~c ) to be the
person(~ whose name0~) is/~ subscribed to t~within instrument,
and acknowledged to me that he/~e/t~y executed the same in
his/h~/t~ir authorized capacity(i~), and that by his/~S~_/tb~r
signature(~Q on the instrument the person(k, or the entity upon
behalf of which the person(~ acted, executed the instrument.
WITNESS my hand and official seal.
Comm. #1052881 ~NOTARY PUBLIC CALIFORNIAT,~SANTA CLARA CCUNTY %tComm. £xptre,~ March 5, 19.~9 "~’
960918 lao 0031429
10
EXHIBIT "A"
SCOPE OF SERVICES
This consulting work is required to support the continued
effort required to implement the City of Palo Alto’s Utility
Customer Information System. Such work will be assigned to
TechWise Consulting. This will include: definition of
requirements, documentation of process and workflow, generation of
specifications, prototyping and development, test plans and testing
and implementation support.
ii
9609181ao 0031429