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HomeMy WebLinkAboutCC RESO 10,794RESOLUTION NO. 10,794 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN STANFORD L. OPTNER AND ASSOCIATES, AND THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that Kile Morgan, Mayor, is hereby auth- orized to enter into and sign an agreement with Stanford L. Optner and Associates for the purpose of integrating the traffic records of the City of National City into the San Diego County Engineer's Traffic Accident Informa- tion System. PASSED AND ADOPTED this 5th day of September, 1972. ATTEST: Res. 10,7911 AGREEMENT FOR CONSULTANT SERVICES FOR THE DESIGN AND IMPLEMENTATION OF A TRAFFIC ACCIDENT INFORMIATION SYSTEM BETWEEN STANFORD L. OPTNER AND ASSOCIATES, INC.; AND THE CITY OF NATIONAL CITY THIS AGREEMENT entered into this 5th day of September , 1972, by and between the CITY OF NATIONAL CITY, a political subdivision of the State of California, hereinafter called "CITY", and the firm of STANFORD L. OPTNER AND ASSOCIATES, INC., having its office and principal place of business at 11661 San Vicente Blvd., Suite 501, Los Angeles, California 90049, hereinafter called "Consultant". WITNESSETH WHEREAS, the CITY desires to upgrade its existing traffic accident records system to a level compatible with current needs; and WHEREAS, the CITY desires to fulfill the requirements of the Highway Safety Act and the Integrated Statewide Records System; and WHEREAS, Stanford L. Optner and Associates, Inc., pursuant to the terms of this agreement, are prepared to design and implement a traffic accident information system, hereinafter called "Project", which will accomplish the goals specified in this agreement; and WHEREAS, the City Engineer of National City (hereinafter referred to as City Engineer) has recommended that the City employ said Consultant to perform such duties as specified in this Agreement; NOW THEREFORE, in consideration of the promises, and mutual covenants and agreements herein contained, it is agreed between the parties hereto as follows: Section 1. EMPLOYMENT OF THE CONSULTANT, (a) The Consultant shall be employed by the City to perform A all of the services hereinafter defined and described in connection with the Project, and that said Consultant shall be paid by the City for his services as Consultant the compen- sation set forth, and said Consultant does hereby agree to do and perform said services hereinafter defined and set forth for the compensation hereinafter fixed, provided that the City receives a grant from the Governor's Office of Traffic Safety for an "Integra- ted Traffic Records System". (b) The Consultant shall designate a representative who will be in charge of this project. (c) The Consultant shall designate a representative, if other than the represeii- tative designated in (b) above, who may sign in the name of the Consultant, letters, papers, and other documents relating to professional services to be performed hereunder. (d) The designation(s) required by (b) and (c) above shall be addressed to the City Engineer. Section 2. DUTY OF CONSULTANT. The Consultant shall, in a good workmanlike and professional manner and at his own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehi- cles, transportation, office space and facilities, and all system tests, calculations, all other means whatsoever, except as herein otherwise expressly specified to be fur- nished by the City, necessary or proper to perform and complete the work and provide the services required of the Consultant by this Agreement. Approval by the City Engineer of all system designs, specifications and other incidental work or materials furnished hereunder shall not in any way relieve the Con- sultant of responsibility for the technical adequacy of the work. Section 3. WORK REQUIRED OF CONSULTANT. Consultant agrees to do and perform the work as described in his proposal, attached as Exhibit "A". (a) Prepare at his sole cost and expense, and without charge to the City or to the Project, all plans, Specifications or other documents made necessary by reason of any error or substantial omission of the Consultant. (b) Review the Schedule of Events and Project Time Schedule prepared by the City Engineer, and either adopt or modify these schedules, Submit these schedules to the City Engineer for approval. (c) Report the progress and status of the Project periodically based on the approved schedule of events indicating the date an activity was started, the remain- ing estimated duration time for completion of the activity or the completion date of the activity. (d) Upon completion of each event in the schedule, and prior to submission of a written report thereon, Consultant will conduct a review of the Project thus far. Representatives of the Police Department and of the City Engineer Department, and representatives of other agencies involved in the Project shall be requested to attend the review and to submit their written recommendations to the Consultant within one week following the review. The Consultant will evaluate and respond to the recommenda- tions and submit his report for the event just completed. Section 4. PERFORMANCE TO SATISFACTION OF CITY ENGINEER. The Consultant agrees to perform all work to the complete satisfaction of the City Engineer and within the time hereinafter specified, or, if no time is specified, within a reasonable time. Section 5. TIME FOR COMPLETION OF WORK -- EXTENSIONS. All services required by this contract shall be satisfactorily completed within 90 calendar days after the Consultant receives written authorization from the City Engineer to proceed with the work and in accordance with the following schedule: Week Week Event Description Start Comp. 1 Analyze Existing System 1 1 2 Prepare Current File for Conversion 2 6 3 Implement System 7 8 4 Evaluate System 9 9 TOTAL ELAPSED WEEKS 9 Any delay occasioned by causes beyond the control of the Consultant shall be the reason for the granting of an extension of time for the completion of the aforesaid work. When such delay occurs, the Consultant shall immediately notify the City Engineer in writing of the cause and of the extent of the delay whereupon the City._;; Engineer shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the work when, in his judgment, his findings of fact justify such an ex- tension of time. The City Engineer's findings of fact shall be final and conclusive. to the parties hereto. Section 6. OWNERSHIP OF DATA, REPORTS AND DOCUMENTS. The Consultant shall deliver to the City Engineer, upon approval of the Project by the City Engineer, all reports of tests made, studies, reports and report formats, flow charts, specifications and all other materials and documents received by or prepared by the Consultant in the performance of this Agreement; Section 7. CITY ENGINEER TO REPRESENT CITY. The City Engineer or his designated representative shall represent the City in all matters pertaining to services rendered pursuant to this Agreement and shall admi- nister this Agreement on behalf of the City. Section 8. WORK TO BE PERFORMED BY CITY. 0n its part, the City agrees to do and perform the following work and/or furnish materials or services at no cost to the Consultant: (a) Provide Consultant free access to all public records, assist in locating all records, files and maps. (b) Furnish copies of all pertinent correspondence, documents, system designs, —ports or other records and information which could be helpful to the Consultant in _s execution of the work required of him, Section 9. CONSULTANT'S FEE. The City hereby agrees to pay the Consultant, as full compensation for his servi- ces as such Consultant upon this Project, a basic fee of Seven Thousand and Ninty Dollars ($7,090) fixed price agreement.. The basic fee shall become due and payable as follows: (a) One single payment of $6,381 upon completion of the evaluation phase. (b) The balance of said fee shall be due and payable 30 days after completion by the Consultant of all duties under this contract, final approval of the Project by the City Engineer and by the California Office of Traffic Safety and the delivery to the City Engineer of all material and documents defined as property of the City by Section 6 above. Section 10. EMPLOYMENT PRACTICES During the performance of this contract, the Consultant agrees as follows: (a) The Consultant will not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed color or national origin. Such '.tion shall include, but not be limited to the following: employment, upgrading, demo - on or transfer; recruitment or recruitment advertising; layoffs or termination; rates pay or other forms of compensation; and selection for training, including apprentice- ship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin.. (c) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or contract or understanding, a notice advising the labor union or worker's representative of the Consultant's commit- ments under this nondiscrimination clause and shall post copies of the notice in cons- picuous places available to employees and applicants for employment. (d) The Consultant will permit access to his books, records and accounts by the applicant agency, the State, and the Federal Highway Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. (e) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement, the Agreement may be canceled, terminated or suspended in whole or in part.. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the date first above written. STANFORDD h. OPTNER AND ASSOCIATES i f dI /1 By: CITY OF NATIONAL CITY APPROVAL. RECOMMENDED: By: By: