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HomeMy WebLinkAboutR-2000-053 Technical Assistance Agreement with Metropolitan Communications Consultants (MCC)RESOLUTION NO. R-2000- 53 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Technical Assistance Agreement with Metropolitan Communications Consultants, LLC, for the provision of technical and consultant services regarding development and implementation of the City's Telecommunications and Technology Planning Project. WHEREAS, the -City of Yakima has been awarded a grant by the United States Department of Commerce Economic Development Administration ("EDA") to conduct a Telecommunications and Technology Planning Project ("Project"); and WHEREAS, the EDA grant moneys are intended to be utilized to enlist the services of a qualified consultant to provide technical expertise to the City in the development and implementation of the Project; and WHEREAS, the City assembled a Telecommunications Planning Committee (the " 1PC") to assist the City in the development and implementation of the Project; and WHEREAS, the City and TPC issued a public Request for Qualifications from qualified consultants in order to determine the consultant best qualified to assist the City and the TPC in the development and implementation of the Project; and WHEREAS, Metropolitan Communications Consultants, LLC ("MCC") was determined by TPC to be the best qualified consultant to assist the City and the TPC in the development and implementation of the Project; and WHEREAS, MCC is willing to provide consulting services to the City in accordance with the terms and conditions of the attached "Technical Assistance Agreement" ("Agreement"); and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the Agreement with MCC for the provision of technical and consultant services regarding development and implementation of the City's Telecommunications and Technology Planning Project, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized to execute the attached and incorporated "Technical Assistance Agreement" with Metropolitan Communications Consultants, LLC, for the provision of technical and consultant services regarding development and implementation of the City's Telecommunications and Technology Planning Project. ADOPTED BY THE CITY COUNCIL this 16th day of May, 2000. ATTEST: ice, / City Clerk -2- Mary Place, Mayor TECHNICAL ASSISTANCE AGREEMENT This Technical Assistance Agreement (hereinafter "Agreement") is made and entered into this day of May, 2000, by and between the City of Yakima, a Washington State municipal corporation (hereinafter "City"), and Metropolitan Communications Consultants, LLC, a Washington State limited liability corporation, (hereinafter "MCC"). WITNESSETH: WHEREAS, the City has been awarded a grant by the United States Department of Commerce Economic Development Administration (the "EDA") to carry out a Telecommunications and Technology Planning Project (the "Project"); and WHEREAS, the City assembled a Telecommunications Planning Committee (the "TPC") to assist the City in the conduct of the Project; and WHEREAS, the City and the TPC determined that the professional services of an advisor are needed in developing and implementing the Project; and WHEREAS, the City and the TPC issued a public "Request for Statements of Qualifications" from qualified consultants and consultancy firms in order to determine the consultant or consultancy firms best qualified to assist the City and the TPC in the development and implementation of the Project; and WHEREAS, MCC was determined by the TPC to be the best qualified consultancy firm to assist the City and the TCP in the development and implementation of the Project; and WHEREAS, MCC is willing to provide the City with said services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the City and MCC do hereby agree as follows: I. Scope of Services. MCC shall provide the City with the following consultant services generally described as assessment, planning, drafting, presentation, negotiation, and final preparation and presentation of a telecommunications and technology plan for the City. Page 1 of 10 (Ik)agr-mcc contract may OO.pm A. Analyze Yakima Telecommunications Environment. 1. Evaluate Existing Infrastructure. a. Identify existing telecommunications infrastructure and providers in the Yakima area. b. Evaluate nature and level of existing service, quality of service, responsiveness, reliability, etc. c. Evaluate existing limitations. d. Identify existing costs. 2. Identify Current Demand. a. Evaluate current business environment. b. Identify existing governmental, institutional and community demand. c. Conduct surveys and interviews. 3. Project Future Demand. a. Determine future governmental, institutional, community and group needs. b. Assess potential demand for enhanced telecommunications services by working with, among others, local institutional users and community groups. 4. Determine Infrastructure and Applications Needs. a. Identify current and future telecommunications requirements. b. Identify telecommunications infrastructure needs necessary to meet identified potential future demand for enhanced telecommunications services. B. Develop Goals and Policies. 1. Identify Telecommunications and Infrastructure Development Goals. a. Evaluate current local, state and federal regulatory environment. Page 2 of 10 (Ik)agr-mcc contract may OO.pm b. Review City's role in telecommunications. c. Develop infrastructure development goals and key business and operational objectives. 2. Review City Telecommunications Policies and Regulations. a. Review and recommend appropriate City telecommunications policies and regulations. b. Identify telecommunications policies and regulatory needs. c. Identify policies, ordinances and regulations to be updated or developed. C. Develop Priority Work Plan. 1. Infrastructure Development Plan. a. Develop business proposition and project definition. b. Identify opportunities for the leveraging of available resources. c. Develop implementation options. 2. Partnerships. a. Identify service, organizational and partnership needs. b. Identify logical areas for operational and service partnering. c. Determine areas and operations better suited to remain separate. d. Evaluate opportunities and risks. 3. Progress Evaluation. a. Develop performance measures to evaluate success in meeting identified infrastructure development goals. 4. Public Information and Involvement Plan. a. Identify focus groups and target audiences. Page 3 of 10 (Ik)agr-mcc contract may OO.pm b. Prepare presentation materials. c. Plan public forums on benefits and costs related to the provision of enhanced telecommunications services. d. Conduct up to three (3) public forums, targeting governmental/institutional, business and community focus groups, on the benefits and costs of the provision of enhanced telecommunications services. The Project deliverables shall be not less than forty (40) hard copies and an original electronic copy, in Acrobat portable document format (pdf), of a written report ready for distribution (and, in the case of the pdf, printing), covering the subjects listed above in items (A) through (C), together with the coordination and conduct of up to three (3) public forums as listed above in item (C)(4)(d). In performing the above services, MCC shall consult with officers and employees of the City and shall meet, as appropriate, with such representatives or other entities when necessary, including, without limitation, state and federal officials and representatives of other local organizations. The City and MCC may, by mutual written agreement, revise the scope of services of this Agreement. The City and MCC may also, by mutual written agreement, extend and amend this Agreement and the compensation referenced herein, in order to accommodate ensuing Project implementation or other work resulting from the telecommunications planning efforts contemplated by this Agreement, beyond the scope of services described herein. 11. Term of Agreement. The term of this Agreement shall commence upon full execution hereof and shall terminate at midnight of November 17, 2000, unless the term is extended by mutual written agreement of the parties, or unless sooner terminated by either party in accordance with section XX of this Agreement. 111. Compensation. The City shall compensate MCC for performance of services received hereunder in the total amount of Seventy Four Thousand and no/100 Dollars ($74,000.00), payable monthly upon receipt and approval by the City of invoices and documentation of percentages of work completed on the Project. Said compensation amount shall include and cover any and all costs of providing the services required under this Agreement, Page 4 of 10 (Ik)agr-mcc contract may OO.pm including, but not limited to, costs for travel, overhead, materials, printing, and supplies. The City shall make payment to MCC within thirty (30) calendar days upon receipt of each invoice. IV. Ownership of Material and Documents. All final reports and other materials prepared by MCC for the City shall be the property of the City; however, all work papers and other source materials shall be the property of MCC. MCC shall deliver such materials to the City in accordance with the terms and conditions of this Agreement. The City shall not, without MCC's written consent, associate MCC's name with the report/product, if a subsequent change is made in such report/product after submission to the City. V. Right to Inspection and Audit. MCC shall establish and maintain appropriate procedures which will assure the proper accounting of all funds paid to it under this Agreement. The City or any of its duly authorized representatives shall have a right to access to any books, documents, papers and records of MCC and/or its subcontractors which are related to the services required under this Agreement for the purpose of making an inspection, an audit, copies, excerpts and transcriptions. All such books and records shall be retained for such periods of time as required by applicable law; provided, however, notwithstanding any shorter periods of retention, all books, records and supporting details shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. VI. Confidentiality of Reports. MCC shall keep confidential all reports, information and data given to, prepared or assembled by MCC pursuant to MCC's performance hereunder which the City designates as confidential. Such information shall not be made available by MCC to any person, firm, corporation or entity without the prior written consent of the City. VII. Federal Terms and Conditions. MCC shall provide the services required under this agreement in accordance with the United States Department of Commerce Financial Assistance Standard Terms and Conditions, a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference Page 5 of 10 (Ik)agr-mcc contract may OO.pm VIII. Compliance with Laws. MCC agrees to perform all services under and pursuant to this Agreement in full compliance with all applicable federal, state and local laws. IX. Independent Contractor Status of MCC. MCC and the City understand and expressly agree that MCC is an independent contractor in the performance of each and every part of this Agreement. MCC, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, MCC and its employees shall make no claim of City employment, nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between MCC or any officer, employee or agent of MCC and the City. X. Taxes and Assessments. MCC shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including, but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, MCC shall pay the same before it becomes due. XI. Equal Opportunity/Non-Discrimination. During the performance of this Agreement, MCC shall not discriminate in violation of any federal, state, and/or local law and/or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training, and the provisions of services under this Agreement. XII. Conflicts of Interest. No board member, officer or employee of the City or its designees or agents, and no other public official who exercises any functions or responsibilities with respect to any requested technical assistance, shall be permitted to financially benefit from this Page 6 of 10 (Ik)agr-mcc contract may OO.pm Agreement or have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Agreement. XIII. Limitation on Scope of Services. MCC will advise the City to the best of its ability concerning the matters within the scope of services under this Agreement. Nevertheless, and notwithstanding any other agreement between the parties, the following will apply: MCC does not and cannot warrant or guarantee that the City will obtain any particular result. Furthermore, while MCC can advise the City as to the practices or procedures of government entities, MCC does not and cannot warrant or guarantee to the City that those practices or procedures will be followed or will not change. MCC cannot be responsible for giving legal advice or opinions, and the City understands that such advice or opinions can only be given by legal counsel. MCC is responsible for errors in documents it prepares, except that MCC may reasonably rely on factual statements provided by sources outside MCC's control. XIV. No Insurance provided by the City. MCC understands and agrees that the City does not maintain and shall not provide any insurance, liability or otherwise, for or on behalf of MCC, its directors, officers, employees, agents, representatives, or subcontractors. XV. Commercial Liability Insurance. Before this Agreement is fully executed by the parties, MCC shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its officers, elected officials, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. Page 7 of 10 (ik)agr-mcc contract may OO.pm XVI. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by MCC to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of MCC as stated herein. XVII. Severability. If any portion of this Agreement is changed by mutual agreement, or if any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. XVIII. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the matters covered and supersedes any and all other agreements, either oral or in writing, regarding the matters contained herein. XIX. Non -Waiver. The waiver by MCC or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. XX. Termination of Agreement. Either party may terminate this Agreement, with or without cause, by providing the other party with a written termination notice at least thirty (30) calendar days prior to the effective termination date. In the event that the City terminates this Agreement without cause, MCC shall be entitled to compensation in accordance with section (III) for services rendered through the date of termination. XXI. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: Page 8 of 10 (Ik)agr-mcc contract may OO.pm To City: To MCC: Randy Beehler, Cable Communications Manager Cable Communication Division 124 South Second Street Yakima, Washington 98901 Richard C. T. Li, P.E. President Metropolitan Communications Consultants, LLC or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. XXII. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. XXIII. Governing Law. This Agreement and the rights of the parties shall be construed, interpreted and determined in accordance with the laws of the State of Washington. XXIV. Venue of Legal Proceedings. Venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. Page 9 of 10 (Ik)agr-mcc contract may OO.pm CITY OF YAKIMA METROPOLITAN COMMUNICATIONS CONSULTANTS, LLC By: By: Richard A. Zais, Jr. Richard C. T. Li, P.E. City Manager President Date: -- l'- -0 ca, Date: City Contract No. 2000-4'1 Resolution No. R-2000-53 Page 10 of 10 (Ik)agr-mcc contract may OO,pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. % 1 Q For Meeting Of: May 16, 2000 ITEM TITLE: Consideration of a resolution authorizing a Technical Assistance Agreement between the City of Yakima (the "City") and Metropolitan Communications Consultants ("MCC") regarding the conduct of the City's Telecommunications and Technology Planning Project. SUBMITTED BY:1'@ook, Director, Community and Economic Development Department CONTACT PERSON/TELEPHONE: Randy Beehler, Cable Communications Manager, 575-6092 SUMMARY EXPLANATION: The City's Telecommunications Planning Committee (the "TPC"), consisting of local general business, government, economic development, education, telecommunications and other community leaders, recommends the City enlist the services of MCC to assist the City and the TPC in conducting a comprehensive Telecommunications and Technology Planning Project (the "Project"). The tasks MCC will complete include, but are not limited to: Determining current demand for telecommunications services in Yakima and the ability of existing telecommunications infrastructure to meet that demand. Projecting future demand for enhanced telecommunications services in Yakima and determining what telecommunications infrastructure will be necessary to meet that demand. Developing a "priority work plan", including opportunities for public/private collaboration, to ensure the deployment of the telecommunications infrastructure necessary to meet the identified future demand for enhanced telecommunications services. Examining existing City telecommunications policy and regulations and recommending any modifications necessary to address emerging City responsibilities and to facilitate telecommunications infrastructure deployment. In February 2000, a "Request for Qualifications" was provided to more than 25 consultants and consultancy firms. Of those that responded, a subcommittee of the TPC heard formal presentations from 3 "finalists". After hearing all of the finalist presentations and considering the goals and objectives of the Project, the TPC subcommittee recommended to the full TPC that MCC be enlisted to provide the City and the TPC assistance in the conduct of the Project. The full TPC concurred. CONTINUED ON NEXT PAGE Resolution X Ordinance r, Other (specify) Contract X Mail to (name & address) Richard Li, President, Metropolitan Communications Consultants 5847 McKinle Place North Seattle Wa. 98103 Phone:206-522-6778 Funding Source U.S. Economic Develo • ment A.,i AI stratio rantreirtor, , APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMISSION RECOMMENDATION: The TPC and the City Council Economic Development Committee recommends the City Council adopt the resolution. COUNCIL ACTION: MCC will work closely with the TPC and City staff to perform a comprehensive analysis of the current and future telecommunications environment in Yakima specifically focused on the economic development aspects surrounding telecommunications. MCC's services will be paid solely a awarded to by the U.S. Department of Commerce Economic for solely by grant urru....... .... the City -,, the U.S. Administration. The total contract amount is $74,000. MCC is to complete its work on the Project by October 31, 2000.