HomeMy WebLinkAbout04789 - RICHTER GROUP POLICE DISPATCH RADIO COMMUNICATIONS CONSULTING Richter Group
Radio Communications
AGREEMENT #4789
CM signed 10-30-03
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
Radio Communications Consulting Services
THIS CONTR�CT SERVICES AG FEMENT (herein `Agreement') is made and
entered into this L 11 day of—&,&P a-(; NO3, by and between the CITY OF PALM
SPRINGS, a municipal corporation (herein "City") and Richter Group (herein
"Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and
conditions of this Agreement, the Contractor shall perform the work or services set forth
in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by
reference. Contractor warrants that all work and services set forth in the Scope of
Services will be performed in a competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder
shall be provided in accordance with all ordinances, resolutions, statutes, rules, and
regulations of the City and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain
at its sole cost and expense such licenses, permits and approvals as may be required
by law for the performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this
Agreement, Contractor shall be compensated in accordance with the "Schedule of
Compensation" attached hereto as Exhibit "B" and incorporated herein by this
reference, but not exceeding the maximum contract amount of Three Thousand Five
Hundred Dollars ($3,500.00) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default
under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B"
"Schedule of Compensation".
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3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Dr. Henry Richter, Phd., P.E. is
hereby designated as being the principal and representative of Contractor authorized to
act in its behalf with respect to the work and services specified herein and make all
decisions in connection therewith.
3.2 Contract Officer. Gary Jeandron, Chief of Police, is hereby
designated as being the representative the City authorized to act in its behalf with
respect to the work and services specified herein and make all decisions in connection
therewith ("Contract Officer"). The City Manager of City shall have the right to designate
another Contract Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall
not contract with any entity to perform in whole or in part the work or services required
hereunder without the express written approval of the City. Neither this Agreement nor
any interest herein may be assigned or transferred, voluntarily or by operation of law,
without the prior written approval of City. Any such prohibited assignment or transfer
shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor, its agents
or employees, perform the services required herein, except as otherwise set forth.
Contractor shall perform all services required herein as an independent contractor of
City and shall remain under only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, during the entire term of
this Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit
of a least $1,000,000 bodily injury and property damage including coverages for
contractual liability, personal injury, independent contractors, broadform property
damage, products and completed operations The General Liability Policy shall
name the City of Palm Springs, its officers, employees, and agents, as
additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1135) or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of
California and which will include $1,000,000 employer's liability.
(c) Business Automobile Insurance, A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the
amount of $1,000,000 bodily injury and property damage, Said policy shall
include coverage for owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional
liability insurance in a minimal amount of $1,000,000 if contract has professional
liability exposure, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance. The insurer
shall waive all rights of subrogation and contribution it may have against the City, its
officers, employees and agents, and their respective insurers. In the event any of said
policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 4.1 to the Contract
Officer. No work or services under this Agreement shall commence until the Contractor
has provided the City with Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders
are approved by the City.
The contractor agrees that the provisions of this Section 4.1 shall not be
construed as limiting in any way the extent to which the Contractor may be held
responsible for the payment of damages to any persons or property resulting from the
Contractor's activities or the activities of any person or person for which the Contractor
is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance
with Section 3.3 of this Agreement the contract between the Contractor and such
subcontractor shall require the subcontractor to maintain the same polices of insurance
that the Contractor is required to maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its
officers, agents and employees against, and will hold and save them and each of them
harmless from, any and all actions, suits, claims, damages to persons or property,
losses, costs, penalties, obligations, errors, omissions or liabilities, (herein 'claims or
liabilities') that may be asserted or claimed by any person, firm or entity arising out of or
in connection with the negligent performance of the work, operations or activities of
Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the negligent acts or omissions of Contractor hereunder, or arising from
Contractor's negligent performance of or failure to perform any term, provision,
covenant or condition of this Agreement, whether or not there is concurrent passive or
active negligence on the part of the City, its officers, agents or employees but excluding
such claims or liabilities arising from the sole negligence or willful misconduct of the
City, its officers, agents or employees, who are directly responsible to the City, and in
connection therewith:
(a) Contractor will defend any action or actions filed in
connection with any of said claims or liabilities and will pay all costs and expenses,
including legal costs and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against
the City, its officers, agents or employees for any such claims or liabilities arising out of
or in connection with the negligent performance of or failure to perform such work,
operations or activities of Contractor hereunder; and Contractor agrees to save and hold
the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is
made a party to any action or proceeding filed or prosecuted against Contractor for such
damages or other claims arising out of or in connection with the negligent performance
of or failure to perform the work, operation or activities of Contractor hereunder,
Contractor agrees to pay to the City, its officers, agents or employees, any and all costs
and expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneys' fees.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2
below, this Agreement shall continue in full force for a period of one year.
5.2 Termination Prior to Expiration of Term. Either party may terminate
this Agreement at any time, with or without cause, upon thirty (30) days' written notice to
the other party. Upon receipt of the notice of termination, the Contractor shall
immediately cease all work or services hereunder except as may be specifically
approved by the Contract Officer. In the event of termination by the City, Contractor
shall be entitled to compensation for all services rendered prior to the effectiveness of
the notice of termination and for such additional services specifically authorized by the
Contract Officer and City shall be entitled to reimbursement for any compensation paid
in excess of the services rendered.
6A Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or
regulation. The Contractor warrants that it has not paid or given and will not pay or give any
third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to
the person at the address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this Agreement.
This Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or
not the matter proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
(Signatures on next page)
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
CITY OF PALM SPRINGS,
a municipal corporation
rATTELST-
By: City Clerk �� 4�3 By: City Manage
CONTRACTOR:
By
ignature
Agreement,q-wr/under $25,000
Reviewed and approved by Print Name
Procurement& Contracting
Address:
Ini�iaSs Date
P.O.1Vumber 'i � .,
�l,
yf� Fps Jay "y ,
EXHIBIT "A"
SCOPE OF WORK
Contractor shall provide the following consulting services:
Task 1: Assessment of dispatch center radio control equipment
Contractor shall review the equipment currently in use in the City's dispatch center by
visual observation, examination of as-built documentation and discussion with dispatch
center staff.
Contractor shall compare existing equipment and functionality with the present
generation of Motorola CentraCom Gold Elite equipment.
Contractor shall prepare a report summarizing findings, evaluating the benefit of short-
and longer-term upgrades and recommending a methodology for planning for future
system upgrades/replacement.
Task 2: Assessment of trunked radio backbone equipment
Contractor shall review the City's primary and backup trunked radio system equipment
by visual observation, examination of as-built documentation and discussion with
appropriate City staff.
Contractor shall compare existing equipment and functionality with the present
generation of trunked radio equipment.
Contractor shall prepare a report summarizing findings, evaluating the benefit of short-
and longer-term upgrades and recommending a methodology for planning for future
system upgrades/replacement.
Workers Compensation insurance is waived as there are no employees.
r' r
SCHEDULE B
SCHEDULE OF COMPENSATION
Compensation for the Consulting services shall be as follows:
Task1 $2000
Task $1500
Total compensation shall not exceed $3500.
Contractor shall be paid in a lump sum amount after completion of each task.
Richter Group 760 325 7364 P. 02
CIlent#,.38007 2RICHGR0 _
ACORD,,, CERTIFICATE OF LIABILITY INSURANCE o 10/03 " '
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH Insurance Services of ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Southern California HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
9166 Anaheim Place, Suite 105
Rancho Cucamonga, CA 91730 INSURERS AFFORDING COVERAGE NAIL#
INSURED INSURERA: Golden Eagle
Richter Group INSURER 0:
❑r. Henry Richter
INSURER C:
2755 Alondra Way
INSURER D:
Palm Springs, CA 92264
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR
TYPEOFINSURANCE POLICY NUMBER DATEYMMtVD EFFECTIVE PDATE MMIOO/YYON LIMITS
A GENERAL LIABILITY CBP9609335 07101/03 07/01/04 EACH OCCURRENCE $1000000
X COMMERCIAL GENERAL LIABILITY DAMAGET EREN7ED c $100000 _
CLAIMS MADE O OCCUR MED EXP(Any one person) 35,000 _
PERSONAL&AOV INJURY $1 OOO OOO
GENERAL AGGREGATE 52 DOD OOO
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG F0011010
POLICY ECT LOG _
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea ecadenl)ALL OWNED AUTOS BODILY INJURYSCHEOULBO AUTOS This ceTWO'Cato is iss edasamattetof (Per person)HIRED AUYOa information only and confers I10 rigltt8upon the certificatel Ider.This BOOILYINJURY
NON-OWNED AUTOS (Per acddenl)
certificate does not a end,extend or
al terthe coverage aff dedbythepolici PROPERTY DAMAGE s
mentioned. (Paraccident)
GARAGE LIABILITY AUTO ONLY EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY; AGO S
A EXCESSIUMBRELLA LABILITY CU9609735 07/01/03 07/01/04 EACH OCCURRENCE S1,000,000
OCCUR CLAIMS MADE AGGREGATE 51,000,000
S
DEDUCTIBLE S
RETENTION S S
WC STATU. OTH-
WORKERS COMPENSATION AND T
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICEFUMEMBER EXCLUDED? El,DISEASE-EA EMPLOYE S _
(ryes,descnbe under E.L.DISEASE-POLICY LIMIT S
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*Except for 10 day notice of non payment of premium.
Certificate holder is named as additional Insured with respects to general
liability per attached form CO20101001.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Palm Springs Department DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL A0 DAYS WRITTEN
of Procurement and Contracting NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
3200 Tahquitz Canyon Way IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Palm Springs, CA 92262 REPRESEN W.
gUTH PRESENT E
ACORD 25(2001108) 1 of 1 #S65163IM78092
Richter Gr ouF 7GO 325 7364 P. ✓03
POLICY NUMBER: CBP9609335 COMMEIRCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERP,L LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of Palm Springs Department of Procurement' and
Contracting
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. Section it — Who Is An Insured is amended to (1) All work; including materials, parts or
include as an insured the person or organization, equipment furnished In connection with
shown in the Schedule, but only with respect to such work, on the project.(other than
liability arising out of your ongoing operations service, maintenance or repairs) to be
performed for that insured. performed by or on behalf of ttte addi-
B. With respect to the insurance afforded to these tional fnsured(s) at the site of the cov
additional insureds, the- following exclusion is ered operations has been completed;
added: or
2. Exclusions (2) That portion of"your work"out of which
the injury or damage wises has been
This Insurance does not apply to "bodily in- put to Its intended use by any person
jury"or"property darnage" occurring after: or organization other than.another con-
tractor or subcontractor engaged in
performing operations for a principal as
a part of the same project.
rr_ on in in n1
Richter Gr ,ouP
760 325 7364 P. 02
,I
Interinsurance Exchange of the Automobile Club
P.O.BOX PERCH,SANTA ANA,CALIFORNIA 92799.5001
Additional Insured Notice
Forming a part of Policy No. G 6524617 issued by the INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB
to RICHTER, HENRY L AND BEVERLY C
Effective 10-15-03 12:01 A.M. Pacific Standard Time
PRI
CITY OF PALM SPRINGS 10-14-03
3200 E TAHQU I TZ CANYON WAY
DESIGNATED AUTOM081LE(S):
PALM SPRINGS CA 92262-6959 01 OLDS 1G3NL52EXiC208678
98 CAD iG6KD54YBWU761387
ADDITIONAL INSURED
It Is agreed that in the event of:
• material change to this policy;or
• suspension or nonrenewal of this policy;or
• cancellation of this policy at the request of other than the Interinsurance Exchange;or
• cancellation of this policy at the request of the Interinsurance Exchange for nonpayment of premium;
10 days'written notice thereof will be given by regular mail to the additional insured named above.
In the event of cancellation of this policy by the Interinsurance Exchange for other than nonpayment of premium, 20 days'written notice
thereof will be given by regular mail to the additional insured named above.
All provisions of your Policy not affected by this endorsement remain unchanged.
ACSC Management Services, Inc.
ATTORNEY-IN-FACT
CERTIFICAlrE OF INSURANCE
Name of insured requiring Certificate of Insurance: R I CHTER, HENRY L
This is to certify to the additional insured named above that the Interinsurance Exchange of the Automobile Club has issued the above listed
—Member's Automobile Policy to the POBeyholder named abovo.Sublect to its terms and provisions,this policy, including any applicable
endorsement,provides the following coverages and limits of liability for the designated aufomobile(s):
BODILY INJURY PROPERTY DAMAGE
LIABILITY LIABILITY
THOUSAND THOUSAND =LACIA
DOLLARS DOLLARS
EACH EACH PERSON OCCURRENCE
250 500 100
This certificate of Insurance is not an insurance policy and does not amend,extend or alter the coverages afforded by and the terms and
conditions applicable to the policy to which 11 pertains.
ACSC Management Services,Inc.
ATTORNEY-IN-FACT
ITS.,23A 2151
E20030)
E 03-t003
Richter Groui- 7660 Z25 7364 P_ 0 !
Interinsurance Exchange of the Automobile Club
Premium Discounts Applied to Your Automobile Policy
Auto Policy Number: G 6524617
The following show all automobile premium discounts offered by the Interinsurance Exchange for qualifying
drivers and/or vehicles. Discounts that currently apply to your policy premium are indicated with a "Yes."
POLICY DISCOUNTS
Multi-Policy
Multi-Vehicle Seloct Prof. & persistent Claims Cost
Homeowners Condominium Renters Wate rcraft Groups y Reduction
YES YES YES YES
DRIVER DISCOUNTS
Driver Good Good Driver Improvement Certificate
-'— `- Number- Name—.. .. _ -DfIver-- _Student• (valid 3 years) New
Mature Driver Driving Course Dryer--
1 RICHTER,HENRY L
2 RICHTER, BEVERLY C YES
'Good Student-Full-time high school, college,or university study(minimum of 12 units per term)with less than nine years
driving experience who have attained a current or cumulative grade point average of at least 3.0.
VEHICLE DISCOUNTS
Vehicle Anti-Theft Device—
Number Year Make Model Air Bags"" Electronic Other Garage
Locator Parking
2 2001 OLDS ALERO GI- YES NO YES YES
3 19S8 CAD DEVILLE YES NO NO YES
-Air Bags-Discount applies if Medical Payments and Uninsured Motorist Bodily Injury coverage is purchased(refer to page one of
me declarations).
"-Anil-Theft Device-Discount applies if Comprehensive coverage Is purchased.
If you need additional information about any of the above discounts, please refer to the Available Automobile
Premium Discounts booklet included with your renewal offer (or the insert provided with your application). If
you have any additional questions about premium discounts or your auto policy,please call us at 1-877-422-2100.
If you would like to request a quote for one of our other insurance products and find out more about the
Multi-Policy Discount, please visit our web-site at www.aaa-callf.com/insurance or contact
PALM SPRINGS District Office at(760)320-1121.
IT50151A
E20a310