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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 25, 1994
SUBJECT:
A ward of Contract for Computer Consulting Services
Ii!] (Prepared by: Bo Barker, Management Assistant)
EXHIBITS ATTACHED: 1.1 Resolution Awarding the Consulting Contract
2. / Copy of Request for Proposal (RFP)
3. ;Contract for Consultant Services
RECOMMENDA~~.
2.
A ward the Contract for Consultant Services to Micro Business
Systems.
Authorize the City Manager to Execute the Contract
FINANCIAL STATEMENT:
The contract will not exceed $3,800.
DESCRIPTION: As part of the 1994-95 Capital Improvement Program, the City Council
approved the installation of a local area computer network in the Civic Center. The initial phase of the
project is to hire a consultant to assist staff with technical aspects relating to the procurement and
installation process.
The mission of the consultant is to provide staff with additional expertise relating to the overall
network solution, assist with developing the request for proposal (RFP) for the purchase of the
network components and assist with technical and user support aspects of the installation.
The RFP (Exhibit 2) describing this consultant project was distributed to five qualified consultants.
Two of the five consultants returned proposals for consideration. Proposals include statements of
qualifications and experience with related references. The two firms submitting proposals are Micro
Business Systems and Cayuga Information Systems. Based on the qualifications and cost of the two
consultants, it is recommend the City Council award the bid to Micro Business Systems.
COPIES TO:
CITY CLERK
FILE 'd'~' i)IO H :310'
ITEM NO.
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RESOLUTION NO. - 94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AWARDING A COMPUTER CONSULTING
CONTRACT TO MICRO BUSINESS SYSTEMS
WHEREAS, the City Council approved a Capital Improvement Program that provides for the
installation of a local area computer network in Fiscal Year 1994-95; and
WHEREAS, in order to insure quality and thoroughness in developing the local area network
solution, a consultant with technical expertise is necessary to assist with the various aspects of the
computer network; and
WHEREAS, a request for proposal was distributed and the City received two qualified
proposals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
awards the a computer consulting contract to Micro Business Systems.
PASSED, APPROVED AND ADOPTED this 25th day of July, 1994.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
EXHIBIT 1
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CITY OF DUBLIN
LOCAL AREA NETWORK PROJECT
PROCURENffiNTCONSULTANT
REQUEST FOR PROPOSAL
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EXHIBIT 2
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CITY OF DUBLIN
CONSULTANT REQUEST FOR PROPOSAL
Basic Information
The City of Dublin has recently completed a five year master planning project that details changes
to the current information systems. Included in the master plan, for Fiscal Year 1994-95, the City
intends to install a personal computer local area network (LAN) that also incorporates an IBM
System 36 and provides a Wide Area Network connection to the Shannon Community Center.
Current System
Presently, the City of Dublin utilizes stand alone IBM personal computers. A majority of the
current personal computers are IBM Model 30's. The personal computers run various software
applications including Framework III, Word for DOS 5.0, Lotus 1-2-3 v. 2.x. Also, certain
workstations use a 5250 emulation card to emulate to the IBM System 36 mini computer.
The City has under 50 users. The main activities performed by city staff consist of word
processing, spreadsheet, desktop publishing and some database functions. Functions performed
using the IBM System 36 include financial applications, business licenses and recreation
scheduling.
Project Description
The first phase of the project, for Fiscal Year 1994-95, will replace the older personal computers
which have a processor slower than a "386." In Fiscal Year 1994-95, the hardware purchased is
anticipated to consist of the following components: one (1) file server, 31 personal computers, 1
portable computer, 4 laser printers, 3 deskjet printers, a network hub, a gateway for connectivity
to the current IBM System/36 and associated business software applications. The LAN to be
installed is intended to be configured using a 10BaseT - ethernet connection that will run
"windows" based software applications,
The overall mission of the first phase is to standardize hardware/software and promote a good
return on the technology investment through sharing of system resources and data. It is also
anticipated that the new technologies will provide City Staff with the means to improve
productivity as well as enhancing customer service.
The procurement consultant will be hired to assist staff with the initial aspects of the network
installation. The goal of the consultant will be to review and validate the solutions proposed in
the master plan and provide staff with any necessary technical expertise as required to complete
the procurement and installation.
Consultant Scope of Services
Phase I - Conceptual Review & Validation of Plan: Review and validate master plan concept
and operability of the network. Review Wide Area Network (connection to the Shannon
Community Center) configuration and make appropriate recommendations. Make
recommendations for other network requirements. Discuss implementation strategy, printer
configuration, and other user related issues.
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Phase II - Request for Proposal Development: Review draft Request for Proposal for the
purchase of the components of the network and develop a bidders list.
Phase III - Bid Award: Review bids, and assist staff with cost analysis and in completing
award.
Phase IV - Hardware Delivery: Coordinate with staff and vendor to determine delivery
process and schedule.
Phase V - Installation: The extent of services provided during this phase will depend upon
the extent of installation services offered by the selected hardware provider. The scope may
include: 1) Install network HUB (wiring will be in place); 2) Assist staff with implementation
and configuration of network PC's; 3) Assist staff with network operating system
configuration.
Phase VI - User Support: Be available, on site, after installation to troubleshoot and assist
users with routine problems for a minimum of 8 hours following installation.
Proposal Format and Qualifications
The firm selected shall have expertise in providing computer networking services to public
agencies and working on projects of a similar size and scope. This includes: defining network
requirements; preparation and review of bid proposal documents; cost analysis; and
implementation. The consultant should be independent of manufacturers and providers of
related products.
a. Signature: Proposal shall be signed by an authorized corporate officer.
b. Valid Period: Include a statement that the terms of the proposal will remain valid for 60
days.
c. Qualifications: Firm's relevant experience; responsiveness; ability to perform; anticipated
manpower allocation. Provide 3 references of agencies where similar work has been
performed in the past, In each case briefly describe the project scope and indicate a contact
person and phone number.
d. Identify the personnel to be involved in the project and their background. Include
information relative to any subcontractor.
e. Cost Proposal: Consultants should submit a hourly rate for service and estimated time to
complete the scope of work listed above. It is appropriate to provide estimates for each
phase of the project scope The consultant shall provide an estimate for the total contract
with a "not to exceed" limit.
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Proiect Timing
Project timing depends on a number of factors including issues such as hardware availability or
other events. The tentative schedule for the project is as follows:
July 25, 1994 - City Council authorizes the distribution of a bid
August 22, 1994 - City Council awards bid
September 24, 1994 - Installation new equipment - activate network
The Process
a. Submittal: To be considered, proposals should be submitted to the City Clerk's Office, 100
Civic Plaza, P.O. Box 2340, Dublin, California, 94568 no later than Thursday, July 7, 1994 at
9:00 a.moo Early submittals will be accepted.
b. Review: City staff will evaluate the contents and qualifications and a recommendation
will be made to the City Council.
c. Award: Award will be made by the City Council at a regularly scheduled meeting. The
City reserves the right to not award a contract, to reject any and all proposals, to negotiate
with a proposer, and to waive informalities and irregularities in proposals received.
d. Questions may be directed to:
Bo Barker, Management Assistant
Administrative Services Department
City of Dublin
P.O. Box 2340
Dublin, CA 94568
510-833-6650
Interpretation of Documents
If any person responding to this request is in doubt as to the true meaning of any part of the
document, he/ she may submit to the City a written request for an interpretation thereof. The
person submitting the request will be responsible for its prompt delivery. Any interpretation of
the proposed document, which in the City's judgment is necessary, will be made only by
Addendum duly issued, and a copy of such Addendum will be mailed or delivered to each
person receiving a set of such documents. The City will not be responsible for any other
explanations or interpretations of the proposed project.
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STANDARD
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of
July 25
, 19~, by and between the CITY OF DUBLIN, a
municipal corporation (lIcity"), and
Micro Business Systpms
("contractor"), who, agree .as follows:
1. SERVICES. subject to the terms and conditions set
forth in this Agreement, contractor shall provide to city the
services described in Exhibit A. contractor shall provide said
services at the time, place and in the manner specified in
Exhibit A.
2. PAYMENT. city shall pay contractor for services
rendered pursuant to this Agreement at the time and in the manner
set forth in Exhibit B. The payments specified in Exhibit B
shall be the only payments to be made to Contractor for services
rendered pursuant to this Agreement. contractor shall submit all
billings for said services to city in the manner specified in
Exhibit Bi or, if no manner be specified in Exhibit B, then
according to the usual and customary procedures and practices
which Contractor uses for billing clients similar to city.
Agree.ment
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EXHIBIT 3
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3. FACILITIES AND EQUIPMENT. Except as set forth in
Exhibit C, contractor shall, at its sole cost and expense,
furnish all facilities and equipment which may be required for
furnishing services pursuant to this Agreement. city shall
furnish to Contractor only the facilities and equipment listed in
Exhibit C according to the terms and conditions set forth in
Exhibit C.
4. GENERAL PROVISIONS. The general provisions set
forth in Exhibit 0 are part of this Agreement. In the event of
any inconsistency between said general provisions and any other
terms or conditions of this Agreement, the other term or
condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are
attached hereto and are by this reference incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be
administered by Richard C. Ambrose
("Administrator"). All correspondence shall be directed to or
through the Administrator or his or her designee.
7. NOTICES. Any written notice to contractor shall
be sent to:
Micro Business Systems
4763 Courtland Lane
Cannichael, CA 95608
Agreement
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Any written notice to city shall be sent to:
City of Dublin
Bo Barker
P.o. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN, a municipal
corporation
By
"city"
Attest:
City Clerk
By
"contractor"
Approved as to form:
city Attorney
Agreement
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EXHIBIT A
SCOPE OF SERVICES
Phase I - Conceptual Review & Validation of Plan: Review and validate master plan concept and
operability of the network. Review Wide Area Network (connection to the Shannon Community
Center) configuration and make appropriate recommendations. Make recommendations for
other network requirements. Discuss implementation strategy, printer configuration, and other
user related issues.
Phase II - Request for Proposal Development: Review draft Request for Proposal for the purchase of
the components of the network and develop a bidders list.
Phase III - Bid Award: Review bids, and assist staff with cost analysis and in completing award.
Phase IV - Hardware Delivery: Coordinate with staff and vendor to determine delivery process
and schedule.
Phase V - Installation: The extent of services provided during this phase will depend upon the
extent of installation services offered by the selected hardware provider. The scope may include:
1) Install network HUB (wiring will be in place); 2) Assist staff with implementation and
configuration of network PC's; 3) Assist staff with network operating system configuration.
Phase VI - User Support: Be available, on site, after installation to troubleshoot and assist users
with routine problems for a minimum of 8 hours following installation.
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EXHIBIT B
PAYMENT SCHEDULE
city ~n~ll pay Contractor an amount not to exceed the total sum
of ", three thousand & eight hundred dollars($ 3.ROO ) for
services to be performed pursuant to this Agreement. contractor
shall submit invoices during the term of this Agreement based on
the cost for services performed in accordance with the following
schedule:
rronthly
but not more often than once a monthj and provided further, in no
event shall city pay contractor a sum exceeding 20% of the total
sum due for services pursuant to this Agreement in anyone month;
and provided further, city shall pay the last 20% of the total
sum due pursuant to this Agreement within forty-five (45) days
after completion of the services and submittal to city, if all
services due pursuant to this Agreement have been satisfactorily
performed.
The total sum stated above shall be the total which
city shall pay for the services to be rendered by contractor
pursuant to this Agreement. city shall not pay any add~tional
Exhibit B
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sum for any expense or cost whatsoever incurred by contractor in
rendering services pursuant to this Agreement.
city shall make no payment for any extra, further or
additional service pursuant to this Agreement unless such extra
service and the price therefor is agreed to in writing executed
by the city Manager or other designated official of city
authorized to obligate city thereto prior to the time such extra
service is rendered and in no event shall such change order
exceed twenty-five (25%) of the initial contract price.
The services to be provided under this Agreement may be
terminated without cause at any point in time in the sole and
exclusive discretion of city. In this event, city shall
compensate the Contractor for all outstanding costs incurred as
of the date of written notice thereof and shall terminate this
Agreement. contractor shall maintain adequate logs and
timesheets in order to verify costs incurred to date.
The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this
Agreement until receipt of a fully executed Purchase Order from
the Finance Department of the city of Dublin.
Exhibit B
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EXHIBIT C
city shall furnish physical facilities such as desks,
filing cabinets, and conference space, as may be reasonably
necessary for contractor's use while consulting with city
employees and reviewing records and the information in possession
of city. The location, quantity, and time of furnishing said
physical facilities shall be in the sole discretion of city. In
no event shall city be obligated to furnish any facility which
may involve incurring any direct expense, including, but not
limiting the generality of this exclusion, long-distance
telephone or other communication charges, vehicles, and
reproduction facilities.
Exhibit C
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of
this Agreement, contractor shall be an independent contractor and
shall not be an employee of city. city shall have the right to
control contractor only insofar as the results of contractor's
services rendered pursuant to this Agreement; however, city shall
not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. Contractor represents and warrants
to city that he has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for
contractor to practice his profession. Contractor represents and
warrants to city that contractor shall, at his sole cost and
expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally
required for Contractor to practice his profession.
3. TIME. Contractor shall devote such time to the performance
of serv~ces pursuant to this Agreement as may be reasonably
necessary for satisfactory performance of contractor1s
obligations pursuant to this Agreement. ,
4. INSURANCE REQUIREMENTS. contractor shall procure and
maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work
hereunder by the contractor, his agents, representatives,
employees or subcontractors. The cost of such insurance shall be
included in the Contractor's bid.
(a) Minimum Scope of Insurance. Coverage shall be at least
as broad as:
1. Insurance Services Office form number GL 0002 (Ed.
1/73) covering comprehensive General Liability and
Insurance Services Office form number GL 0404
covering Broad Form comprehensive General
Liability; or Insurance services Office commercial
General Liability coverage ("occurrence" form
CG 0001.)
Exhibit D
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2. Insurance Services Office form number CA 0001 (Ed.
1/78) covering Automobile Liability, code 1 Ilany
auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the
Labor Code of the State of California and
Employers Liability Insurance.
(b) Minimum Limits of Insurance. Contractor shall maintain
limits no less than:
1. General Liability: $1,000,000 combined single
limit per occurrence for bodily injury, personal
injury and property damage. If commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general
aggregate limit shall apply separately to this
project/location or the general aggregate limit
shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single
limit per accident for bodily injury and property
damage.
3. Workers' compensation and Employers Liability:
workers' compensation limits as required by the
Labor Code of the state of California and
Employers Liability limits of $1,000,000 per
accident. .
(c) Deductibles and Self-Insured Retentions. Any
deductibles or self-insured retentions must be declared
to and approved by the city. At the option of the
city, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the
city, its officers, officials and employees; or the
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration
and defense expenses.
(d) other Insurance provisions. The policies are to
contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile' Liability
coverages.
a. The city, its officers, officials, employees
and volunteers are to be covered as insureds
Exhibit D
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as respects: liability arising out of
activities performed by or on behalf of the
contractor; products and completed operations
of the Contractor, premises owned, occupied
or used by the contractor, or automobiles
owned, leased, hired or borrowed by the
contractor. The coverage shall contain no
special limitations on the scope of the
protection afforded to the city, its
officers, officials, employees or volunteers.
b. The contractor's insurance coverage shall be
primary insurance as respects the city, its
officers, officials, employees and
volunteers. Any insurance or self-insurance
maintained by the city, its officers,
officials, employees or volunteers shall be
excess of the contractor's insurance and
shall not contribute with it.
c. Any failure to comply with reporting
provisions of the policies shall not affect
coverage provided to the city, its officers,
officials, employees or volunteers.
d. The contractor's insurance shall apply
separately to each insured against whom claim
is made or suit is brought, except with
respect to the limits of the insurer's
liability.
2. Workers' compensation and Employers Liability
coverage.
The insurer shall agree to waive all rights of
subrogation against the City, its officers,
officials, employees and volunteers for losses
arising from work performed by the Contractor for
the city.
3. professional Liability.
contractor shall carry professional liability
insurance in an amount deemed by,the city to
adequately protect the contractor against
liability caused by negligent acts, errors or
omissions on the part of the contractor in the
course of performance of the services specified in
this Agreement.
Exhibit D
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4. All coverages.
Each insurance policy required by this clause
shall be endorsed to state that coverage shall not
be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after
thir~y (30) days' prior written notice by
certified mail, return receipt requested, has been
given to the city.
(e) Acceptabilitv of Insurers. Insurance is to be placed
with insurers with a Bests' rating of no less than
A:VII.
(f) Verification of Coveraqe. contractor shall furnish
city with certificates of insurance and with original
endorsements effecting coverage required by this
clause. The certificates and endorsements for each
insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be
received and approved by the city before work
commences. The city reserves the right to require
complete, certified copies of all required insurance
policies, at any time.
(g) Subcontractors. contractor shall include all
subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall
be subject to all of the requirements stated herein.
(h) The Risk Manager of City may approve a variation in
those insurance requirements upon a determination that
the coverages, scope, limits and forms of 'such
insurance are either not commercially available or that
the city's interests are otherwise fully protected.
5. CONTRACTOR NO AGENT. Except as city may specify in writing,
contractor shall have no authority, express or implied, to act on
behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant
to this Agreement to bind city to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may
assign any right or obligation pursuant to this Agreement. Any
attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
Exhibit D
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7. PERSONNEL. contractor shall assign only competent personnel
to perform services pursuant to this Agreement. In the event that
city, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, contractor
shall, immediately upon receiving notice from city of such desire
of City, cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. contractor shall perform all
services required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner
of the profession in which contractor is engaged in the
geographical area in Which contractor practices his profession.
All instruments of service of whatsoever nature which contractor
delivers to city pursuant to this Agreement shall be prepared in
a substantial, first class and workmanlike manner and conform to
the standards of quality normally observed by a person practicing
in contractor's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. contractor
shall take all responsibility for the work, shall bear all losses
and damages directly or indirectly resulting to him, to any
subcontractor, to the City, to city officers and employees, or to
parties designated by the city, on account of the performance or
character of the work, unforeseen difficulties, accidents,
occurrences or other causes predicated on active or passive
negligence of the contractor or of any subcontractor. Contractor
shall indemnify, defend and hold harmless the city, its officers,
officials, directors, employees and agents from and against any
or all loss, liability, expense, claim, costs (including costs of
defense), suits, and damages of every kind, nature and
description directly or indirectly arising from the performance
of the work. This paragraph shall not be construed to exempt the
city, its employees and officers from its own fraud, willful
injury or violation of law whether willful or negligent. For
purposes of Section 2782 of the civil Code the parties hereto
recognize and agree that this agreement is not a construction
contract. By execution of this agreement contractor acknowledges
and agrees that he has read and understands the provisions hereof
and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the
Contractor or subcontractors from liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement
may be funded by fiscal assistance from another governmental
entity, contractor shall comply with all applicable rules and
regulations to which city is bound by the terms of such fiscal
assistance program.
Exhibit D
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11. DOCUMENTS. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by contractor pursuant to this
Agreement shall become the property of city upon completion of
the work to be performed hereunder or upon termination of the
Agreement.