HomeMy WebLinkAboutCC RESO 16,010RESOLUTION NO. 16,010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO
ENTER INTO AN AGREEMENT BETWEEN
THE CITY AND THE RICHTER GROUP
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to enter
into an Agreement between the City and the Richter Group to
conduct an evaluation and assessment of the communications
capability of the Police Department. A copy of said
Agreement is attached hereto as Exhibit
"A".
PASSED and ADOPTED this 27th day of June, 1989.
EORGE a. ATERS, MAYOR
ATTEST:
R ANNE
LORQ PEOPLES, CITY CLERK
APPROVED AS TO FORM:
GEOGE H. EISER, III
CITY ATTORNEY
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RICHTER GROUP
THIS AGREEMENT is made and entered into this c:Thh- day of
, 1989, by and between the CITY OF NATIONAL CITY, a
municipal corporation ("CITY"), and RICHTER GROUP ("CONSULTANT").
RECITALS
WHEREAS, CITY desires to employ a consultant to conduct an
evaluation and assessment of the communications capability of the
Police Department.
WHEREAS, CITY has determined that CONSULTANT is qualified by
experience and ability to perform the services desired by CITY,
and CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
I. EMPLOYMENT OF CONSULTANT. CITY hereby agrees to engage
CONSULTANT and CONSULTANT hereby agrees to perform the services
hereinafter set forth, in accordance with all terms and conditions
contained herein.
CONSULTANT represents that all professional services required
hereunder will be performed directly by CONSULTANT, or under direct
supervision of CONSULTANT.
II. SCOPE OF SERVICES. CONSULTANT will perform services as
set forth in the attached Exhibit "A".
Re -Go I b,o1O
CONSULTANT shall be responsible for all research and reviews
related to the 'work and shall not rely on personnel of CITY for
such services, except as authorized in advance by CITY. CONSULTANT
shall appear at meetings cited in Exhibit "A" to keep staff and
City Council advised of the progress of the project.
III. PROJECT COORDINATION AND SUPERVISION. The Chief of
Police hereby is designated as the Project Coordinator for CITY and
will monitor the progress and execution of this Agreement.
IV. COMPENSATION AND PAYMENT. The compensation for
CONSULTANT shall be based on a single billing covering actual work
performed, to be submitted when all work is completed. The cost
for all work described in Exhibit "A" shall not exceed $4,600.00,
provided that if the Chief of Police requests actual field coverage
measurements, such work will be an additional cost not to exceed
$2,200.00.
V. COMPLETION OF WORK. All workto be performed under this
Agreement shall be completed by O `V`1'4 , 1989.
VI. INDEPENDENT CONSULTANT. Both parties hereto in the
performance of this Agreement will be acting in an independent
capacity and not as agents, employees, partners or joint venturers
with one another. CONSULTANT is not an employee of CITY and is not
entitled to any of the rights, benefits, or privileges of CITY
employees, including but not limited to medical, unemployment, or
workers' compensation insurance.
This Agreement contemplates the personal services of
CONSULTANT and CONSULTANT'S employees, and it is recognized by the
parties that a substantial inducement to CITY for entering into
this Agreement was, and is, the professional reputation and
-2-
competence of CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by CONSULTANT without the
prior written consent of CITY. Nothing herein contained is
intended to prevent CONSULTANT from employing or hiring as many
employees as CONSULTANT may deem necessary for the proper and
efficient performance of this Agreement.
VII. CONTROL. Neither CITY nor its officers, agents or
employees shall have any control over the conduct of CONSULTANT or
any of CONSULTANT'S employee's except as herein set forth, and
CONSULTANT expressly agrees not to represent that CONSULTANT or
CONSULTANT'S agents, servants, or employees are in any manner
agents, servants or employees of CITY, it being understood that
CONSULTANT, its agents, servants, and employees are as to CITY
wholly independent contractors and that CONSULTANT'S obligations
to CITY are solely such as are prescribed by this Agreement.
VIII. COMPLIANCE WITH APPLICABLE LAW. CONSULTANT, in the
performance of the services to be provided herein, shall comply
with all statutes, State or Federal, and all ordinances, rules, and
regulations of the City of National City whether now in force or
subsequently enacted.
IX. NON-DISCRIMINATION PROVISIONS. CONSULTANT will not
discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin.
CONSULTANT will take affirmative action to insure that applicants
are employed without regard to their race, color, religion, sex or
national origin. Such action shall include but not be limited to
the following: employment, upgrading, demotion, transfer,
recruitment, or recruitment advertising, layoff or termination,
-3-
rates of pay or other forms of compensation, and selection for
training, including apprenticeship. CONSULTANT agrees to post in
conspicuous places available to employees and applicants for
employment any notices provided by CITY setting forth the
provisions of this non-discrimination clause.
X. TERMINATION. CITY may terminate this Agreement at any
time by giving written notice of same and specifying the effective
date thereof, at least ten (10) days before the effective date of
such termination.
CONSULTANT may terminate this Agreement, with the mutual
consent of CITY, at any time by giving written notice of same and
specifying the effective date thereof, at least ten (10) days
before the effective date of such termination.
If the Agreement is terminated by CITY as provided herein,
CONSULTANT shall be paid for all effort and material expended on
behalf of CITY under the terms of this Agreement, up to the
effective date of termination.
XI. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONSULTANT
hereby agrees to indemnify and hold harmless CITY, its officers,
and employees, from and against liability, damages, costs, losses,
claims and expenses, resulting directly from CONSULTANT'S negligent
performance of this Agreement (including, but not limited to such
liability, cost, damage, loss, claim, or expense arising from the
death or injury to an agent or employee of CONSULTANT,
subcontractor, or of CITY; or damage to the property of CONSULTANT,
subcontractor or of CITY, or of any agent or employee of
CONSULTANT, subcontractor, or of CITY), except where such
liability, damages, costs, losses, claims or expenses are caused
-4-
by the negligent or wrongful acts of CITY or any of its agents or
employees including negligent omission or commissions of CITY, its
agents or employees, in connection with the general supervision or
direction of the work to be performed hereunder.
XII. WORKER'S COMPENSATION. CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety
Acts of the State of California, the applicable provisions of
Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state or federal acts or laws
applicable; and shall indemnify, defend and hold harmless CITY from
and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description,
including attorney's fees and costs presented, brought or recovered
against CITY, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed
by CONSULTANT under this Agreement.
XIII. INSURANCE. In addition to the Worker's Compensation
insurance and CONSULTANT'S agreement to indemnify CITY, CONSULTANT
shall furnish to CITY and maintain in force until the completion
of PROJECT a policy of general liability insurance in which CITY
is named as an additional insured. The policy shall indemnify
CITY, its officers and employees, while acting within the scope of
their duties, against any and all claims arising out of or in
connection with this Agreement. The policy shall limit bodily
injury and/or property damage of $300,000 per occurrence. Such
insurance coverage which may be applicable to the loss shall be
deemed excess coverage and CONSULTANT'S insurance shall be primary.
CONSULTANT shall also furnish to CITY and maintain in force until
-5-
the completion of this Agreement a policy of Errors and Omissions
Insurance for $100,000. A certificate of all such insurance
policies required by this Agreement shall be delivered to the
Police Department prior to the commencement of any work. No such
insurance shall be cancelled or modified without thirty (30) days'
prior written notice to CITY.
XIV. CONTENT. This Agreement sets forth the entire under-
standing of the parties with respect to the subject matter herein.
There are no other understandings, terms or other agreements
expressed or implied, oral or written, except as set forth herein.
XV. NOTICES. All communications to either party by the other
party shall be deemed made when received by such party at its
respective name and address, as follows:
Chief of Police
City of National City
1243 National City Boulevard
National City, CA 92050
Henry L. Richter, Ph.D., P.E.
Richter Group
178 W. Longden Avenue
Arcadia, CA 91006-8231
IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this
Agreement as of the date first written above.
CITY OF NATIONAL CITY
By: Q_d.. j - 14•- (�./
GEORGE H. WATERS, Mayor
RICHTER GROUP
By:
HENRY L. T CHTER, Ph.D. , P.E.
APPROVED AS TO FORM:
GEORGE H. EISER, III
City Attorney
-6-
RICHTER GROUP
Communications Consultants
178 W. LONGDEN AVE.
ARCADIA, CA., 91006-8231
Henry L. Richter, PhD, PE 818 / 445-0249
March 14, 1989 89-115
Chief Stan Knee
NATIONAL CITY POLICE DEPARTMENT
1200 "A" Avenue
National City, CA 92050
Dear Chief Knee:
This is a formal proposal to you to conduct an evaluation and assess-
ment of the communications capability for your department. I must
compliment you and the City management on choosing to have this
function carried out. It is always worthwhile to have an independent
assessment made of communications equipment periodically by an
outside organization so that you can know the true state of affairs
of your communications operations and equipment. Most public safety
departments get used to operating on what they have and tend to get
behind a bit, not keeping up with growth and with changes in the
technical state-of-the-art.
I would therefore propose to spend some time in National City
developing some baseline data about your equipment and communications
capability, observing operations, and conducting interviews.
To be more specific, there are certain things that I pay particular
attention to. One is the type and condition of equipment that you
have. I bring my own calibrated test equipment to see how close base
stations, receivers, and a sample of mobile and portable radios are
to manufacturers' specifications. I do an assessment of the Depart-
ment gauging the needed communications capability against factors
such as the City size, department size, annual calls for service,
Part I crimes, number of mobiles, etc. One thing we particularly
look at is the adequacy of radio coverage. I determine the percep-
tion of coverage adequacy from the field forces and dispatchers, and
then if warranted, perform an actual coverage survey where, with
calibrated equipment, measurements are taken generally throughout the
City and particularly in areas where coverage deficiency appears a
possibility.
I or one of my associates spend time in the dispatch center observing
operations, how telephone calls are handled, how radio operations are
conducted, how the call -for -service process is conducted, and how
data base inquiries are made. A technical and operational examin-
ation also covers emergency dispatch procedures, telephone and elec-
trical system backup, susceptibility of equipment to environmental
damage such as earthquakes, etc.
City of National City
Police Department
1200 A Ave., National City, CA 92050-4595
Phone: (619) 336-4446
April 18, 1989
TO: City Council
City of National City
FROM: Stan Knee
Chief of Police
SUBJECT: Communications Consultant
STAN KNEE
Chief of Police
On April 11, 1989, the City Council approved the concept for the
appropriation of a state of the art communications system involving
Computer Aided Dispatch, Mobile Digital Terminals, as well as an
Automated Vehicle Locater devices. Currently, the department has been
experiencing problems with our communications system, and has been for
some time. There has been for years, dead spots throughout the city in
which radio reception is non-existant. We often receive interference
from other agencies sharing our primary frequency, both from the Los
Angeles area as well as from south of the border.
With those two considerations in mind, I think we need a professional
assessment in regard to any short term and/or long term solutions,
especially in the light of plans to purchase a new, complex,
communications system, within the next 18 to 30 months. We need to
prepare ourselves in the knowledge of what we actually require in the
way of hard communications equipment. A determination of our current
communications problems is necessary in order for us not to repeat the
mistakes responsible for the current deficiencies. I have contacted a
highly regarded professional communications consultant who specializes
in police and fire communications. He is affiliated with none of the
companies manufacturing communications equipment, and is knowledgeable
of the state of the art equipment regardless of the manufacturer.
Dr. Henry Richter, from the Richter Group, has an excellent reputation
throughout the western United States as a communications consultant.
(Refer to the attached Project Matrix.) I have met with Dr. Richter and
he has seen our facility and is aware of the remodeling plans. Dr.
Richter has submitted a proposal which covers the evaluation and
assessment only. This consultanting service will cost under $7,000. We
have made inquiries to the manufacturer of our current communication
system, although this survey could be completed, the depth was not as
articulated as was Dr. Richter's assessment proposal. The equipment
which would have been recommended would have been limited to the
technology of the manufacturer. The costs were similar. Dr. Richter
has also expressed a philosophy indicating his knowledge of limited
monies, and attempts to make his recommendations based upon obtaining
the best value as well as addressing the needs determined. The monies
for the basic evaluation and assessment by Dr. Richter are available in
the current budget.
Stan Knee
Chief of Polic.'e
Page Two
National City Police Department March 14, 1989
Chief Stan Knee
The result of this will be a report to you giving an assessment and
evaluation of your communications equipment, operations and
procedures. This will also include comments as to the best means of
upgrade both short-term and long-term. A series of deficiency
statements will be developed as well as some suggested alternatives
for meeting future needs.
I would propose to accomplish the scope of work set forth above for a
firm fixed price of $4,600. This will include all staff time as well
as travel, out-of-pocket, telephone, office, and reproduction
expenses.
Should it be necessary to conduct actual field coverage measurements,
this would be additional scope. The necessity for this cannot be
determined until the first part of the work is well underway. Should
a coverage survey and engineering analysis be required, I would ask
an additional $2,200 for this, also fixed price with the same general
arrangement.
This proposal is for the assessment and evalution only. Should the
City also need a master radio plan developed for a well -thought-out
course to follow for the City as a whole, including Police, possibly
Fire, and Public Works, then this would also be an additional scope.
Let it also be understood this does not involve the generation of any
procurement specifications or functional specifications for communi-
cations equipment or computer aided dispatch capability. It also
does not include any architectural consultation concerning the
expansion of the Police Department into the upper floors of the
building or the development of a new dispatch center or equipment
room.
However, I would be pleased to provide my services on all subjects
covered in this last paragraph. This is the type of consulting and
engineering support that we usually give to a department and an area
for which we are well qualified. I just wanted to make clear that
this first proposed work scope did not cover such activities.
If I can answer any questions or supply any more details concerning
this proposal, please do not hesitate to call.
Ver truly yours
Henry L. ichter, Ph.D., PE
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