HomeMy WebLinkAbout20121470.tiff AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is made by and between the Weld 911 Emergency Telephone
Service Authority Board, a Colorado authority created by that certain Intergovernmental
Agreement dated November 4, 1987, whose address is 1150 0 St., Greeley, Colorado, 80631 (E-
911), and Geo-Comm, Inc., a Minnesota corporation, whose address is 601 West Saint Germain
St., St. Cloud, MN 56301, ("Contractor").
WHEREAS, E-911 desires to assess current dispatch operations at the Weld County
Regional Communications Center ("WCRCC") and to develop a strategic plan to assist E-911 in
the operation and modernization of the WCRCC;
WHEREAS, Contractor provides public safety communication consulting services; and
WHEREAS, E-911 desires to retain Contractor as an independent contractor to assist E-
911 in developing a strategic plan and to perform services as more particularly set forth below;
and
WHEREAS,Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. E-911 hereby retains Contractor, and Contractor
hereby accepts engagement by E-911 upon the terms and conditions set forth in this Agreement.
2. Services to be Performed. Contractor agrees to perform the services in three
phases, which services are listed or referred to in Exhibit A, attached hereto and incorporated
herein (the "Services").
3. Term. Contractor agrees to perform the Services according to the deadlines set
forth in Exhibit B, attached hereto and incorporated herein.
4. Compensation.
a. E-911 agrees to pay Contractor the amount of Fifty-Nine Thousand Seven
Hundred Six Dollars & 00/100 (S59,706.00). Such amount shall be payable as follows:
i. Ten Thousand Dollars & 00/100 (510,000.00) shall he
payable upon completion by Contractor of all Phase One
services as set forth in Exhibit A.
ii. Twenty Thousand Dollars & 00/100 (520.000.00) shall be
payable upon completion by Contractor of all Phase Two
services as set forth in Exhibit A.
iii. The balance due under this Agreement ($29,706.00) shall
be payable upon completion by Contractor of all Phase
Three services as set forth in Exhibit A.
b. Payment to Contractor will be made only upon presentation of a proper
invoice from Contractor to E911 detailing the services performed by Contractor.
c. Contractor shall pay all "out-of-pocket" expenses and shall not be entitled
to reimbursement from E-911 except by mutual agreement of the parties.
5. Additional Work. In the event E-911 shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Designation of Project Coordinator. E-911 shall designate a project
coordinator for this Agreement. E-911 reserves the right to change such designation upon
written notice to Contractor.
7. Contractor's Representations and Warranties.
a. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
b. Contractor represents and agrees that it will devote sufficient resources
and hours to complete this project in a timely manner according to the deadlines set forth in
Exhibit B. Contractor agrees to work as many hours as necessary to fulfill its obligations trader
this Agreement.
c. Contractor represents and warrants that it is under no contractual or other
restrictions or obligations which are inconsistent with the execution of this Agreement, or which
will interfere with the performance of Contractor's duties pursuant to this Agreement.
Contractor represents and warrants that the execution and performance of this Agreement will
not violate any policies or procedures of any other party for which Contractor performs services
concurrently with those performed herein.
8. Disclosure. Contractor shall promptly disclose to E-911 any outside activities or
interests, including ownership or participation in the development of any proprietary
information, that conflicts or may conflict with the best interests of E-911.
9. Confidentiality. Contractor agrees to review, examine, inspect, and obtain E-911
information and data only for the purpose of performing the Services required by this Agreement
and shall at all times hold and treat such information and data as confidential. Contractor agrees
to maintain and keep such information confidential for a period of five(5) years from the date of
termination of this Agreement.
10. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the E-911 for any purpose. Contractor shall have no
authorization, express or implied, to bind E-911 to any agreement, liability, or understanding.
The parties agree that Contractor will not become an employee of E-911, nor is Contractor
entitled to any employee benefits from E-911 as a result of the execution of this Agreement.
11. Acceptance of Product Not a Waiver. Upon completion of the work, Contractor
shall submit to E-911 all reports, summaries, data compilations and all other tangible materials
(the "Contract Materials") required pursuant to Exhibit A. Acceptance by E-911 of the Contract
Materials furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by E-911 of, or payment for,
any services performed under this Agreement shall not be construed as a waiver of any of the E-
911's rights under this Agreement or under the law generally.
12. Proprietary Property. The Contract Materials, whether or not such materials are
in completed form, shall at all times be considered the property of E-911. Contractor shall not
make use of such material for purposes other than in connection with this Agreement without
prior written approval of E-911. Contractor hereby assigns to E-911 all of its right, title and
interest to the Contract Materials.
13. Insurance and Indemnification.
a. Contractor shall defend and indemnify E-911, its directors, employees and agents,
from and against loss or liability arising from Contractor's acts, errors or omissions in
performance of its obligations under this Agreement.
b. Contractor shall obtain comprehensive general liability insurance policy with a
limit of$1,000,000.00 combined single limit per occurrence for both personal injury and
property damage. Any policy obtained and maintained pursuant to this provision shall provide
that it shall not be cancelled or materially changed without thirty days prior notice thereof to E-
911. Contractor shall also provide necessary workers' compensation insurance at Contractor's
own cost and expense.
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14. Termination.
a. Default by Contractor. In the event of default by Contractor under this
Agreement, E-911 may terminate this Agreement upon written notice to Contractor. For the
purposes of this provision, an "event of default" shall be defined as Contractor's failure to meet
any of the deadlines set forth in Exhibit B, or any other material breach of this Agreement by
Contractor, and which breach is not cured with fifteen (15) days after receiving written notice of
default from E-91 I. In the event of such default, Contractor shall refund to E911 any sums paid
to Contractor pursuant to this Agreement within fifteen (15) days of the date of termination of
this Agreement.
b. Default by E911. In the event of any material breach by E-911 of this
Agreement, and in the event such default is not cured by E-911 within fifteen days after receipt
of written notice of default from Contractor, Contractor may terminate this Agreement. In the
event of such default, Contractor shall be retain all sums paid pursuant to this Agreement and
shall not be entitled to any additional damages, including consequential or special damages of
any nature.
15. Records Retention and Availability. Contractor agrees that E-911, or any of its
duly authorized representatives, shall, at any time during normal business hours and as often as it
may deem necessary, have access to and the right to examine, audit, excerpt, and transcribe any
books, documents, papers, records or other data which are reasonably related to the accounting
practices and procedures of Contractor and involve transactions related to or arising out of this
Agreement
16. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of E-911.
17. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
18. Interruptions. Neither party to this Agreement shall be liable to the other for
delays in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control, including but
not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
19. Notices. All notices to be given with respect to this Agreement shall be in writing
and shall be sent by registered or certified mail, postage prepaid, and return receipt requested, or
by overnight carrier(proof of delivery required) to the party to he notified at the address as set
forth below or at such other address as either party may from time to time designate in writing.
Every notice shall be deemed to have been given at the earlier of four (4) days after the time it
shall be deposited in the United States mail in the manner prescribed herein or at the time of
receipt of such notice. Nothing contained herein shall be construed to preclude personal service
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of any notice in the manner prescribed for personal service of a summons or other legal process.
Until otherwise notified in writing, each party hereto may rely upon the following
addresses for the purpose of giving notice:
E-911:
Barbara Kirkmeyer
1150 O Street
P.O. Box 758
Greeley, CO 80632
Captain Mike Savage
Greeley Police Department
2875 10th St.
Greeley, CO 80634
With a copy to:
Patrick M. Groom, Esq.
Witwer, Oldenburg, Barry & Johnson, LLP
822 7`h St., Ste. 760
Greeley, CO 80631
Contractor:
Todd Pieper, Assistant Consulting Services Manager
601 West St. Germain Street
St. Cloud, MN 56301
20. Compliance. Contractor shall comply with all federal, state, and local laws,
rules, and regulations which are applicable to this Agreement.
21. Non-Exclusive Agreement. This Agreement is nonexclusive and E-911 may
engage or use other contractors or persons to perform services of the same or similar nature.
22. Entire Agreement/Modifications. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this Agreement.
This instrument supersedes all prior negotiation, representation, and understanding or agreements
with respect to the subject matter contained in this Agreement. This Agreement may be changed
or supplemented only by a written instrument signed by both parties.
23. Funding Contingency. No portion of this Agreement shall be deemed to create
an obligation on the part of E-91 I to expend funds not otherwise appropriated or budgeted for.
24. Severability. If any term or condition of this Agreement shall he held to he
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invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent
of the parties.
25. Waiver. The failure of either party to enforce any provision of this Agreement
shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
26. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
27. Survival. The representations and warranties set forth in paragraph 7, the
confidentiality provisions of paragraph 9, and the indemnification provisions of paragraph 13
shall survive the termination of this Agreement.
28. Choice of Law. This Agreement shall be interpreted according to the laws of the
State of Colorado.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
WELD 911 EMERGENCY TELEPHONE GEO-COMM, INC.,
SERVICE AUTHORITY BOARD
74. /747L Air a B
Title: Barbara Kirlemeyer, President Tit . Janet Grones, Treasurer
Date: CL/LIB l / U/-- Date: U4.s„hiei�
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EXHIBIT A
Contractor shall perform the services provided for herein in three phases:
PHASE ONE: Project Initiation and Evaluation of Current Conditions
A. Contractor shall confer with E-911 representative(s) for the purpose of
reviewing annual reports, background information, and other historic data
provided by E-911, discuss the project plan and timeline, and request
required project data.
B. Contractor shall develop a customized data collection tool for the purpose
of soliciting operational and technical information regarding the WCRCC.
C. Contractor shall conduct an on-site initiation meeting and workshop.
D. Contractor shall conduct direct assessments of the WCRCC's current
operating environment, workload, staffing, call processing, technologies in
use, conduct interviews, and verify previously collected WCRCC data.
Such assessments shall include: data gathering and verification; Dispatch
Center staff interviews; Dispatch Center management and executive
management interviews; Dispatch Center evaluations; and E91 1 Board
member interviews.
E. Contractor shall make arrangements to meet with local radio
communications service provider(s), talk groups members, communication
services representatives, and other vendor support personnel to review the
conditions and environment that may affect recommendations for future
improvements.
F. Contractor shall complete an assessment of the current equipment,
infrastructure, and technology needed for continued dispatch center
support and continuity of operations, including the integration of new
technologies such as NG9-1-1. Contractor shall collect information on the
technological systems and equipment in order to assess the operating
automated systems, dispatch equipment information systems, and radio
resources used in the WCRCC. Such assessment will review of the CAD
systems, radio systems, mapping systems, alerting systems, interfaces,
dispatch center and network connectivity, as well as new technologies
such as provisions for NG9-1-1 statewide and regionally, Data Terminal
Equipment (DTE), cellular and telephone equipment, and computers to
verify their current capabilities and to identify the future needs of the
WCRCC.
G. The recommendations provided by Contractor will follow industry
standards and best practices and provide the most efficient, effective,
economical, and functional plan for existing systems, software, hardware,
equipment, and overall technologies and will utilize:
i. SAFECOM
ii. APCO/NENA America National Standard (ANS) 1.102.2-2010:
PSAP-Service Capability Criteria Rating Scale
iii. APCO Project RETAINS
iv. APCO ANS 1.103.1-2008 Wireless 9-1-1 Deployment and
Management Effective Practices Guide
v. National Fire Protection Association (NFPA) 1221 Standard for
the Installation, Maintenance, and use of Emergency Services
Communications Systems ad NFPA 1061: Standard for
Professional Qualifications for Public Safety Telecommunicator
vi. NENA 53-507 Virtual PSAP Management (OIC) and NENA 57-
750 v1 NG9-1-t System and PSAP Operational Features and
Capabilities Requirements
H. Contractor shall collect existing radio system information and the
technical and operational communications system information to
determine the interoperability and inter/intra-regional capacity for local
law enforcement, fire, and EMS services as well as the potential for
integrating public or private systems.
Contractor shall generate an Existing Conditions and Findings Report
which will provide an overview of Contractor's findings and current
information about the WCRCC and shall address the WCRCC's current
facilities, dispatch functions, funding, governance, staffing and
stakeholder views. Contractor shall meet with E-911 representatives via
conference call to discuss the Existing Conditions and Findings Report.
II. PHASE TWO: Analysis and Recommendations Development
A. Contractor shall analyze the data collected for the purpose of determining
the suitability of current facilities, handling of emergency and non-
emergency calls, operations structure, current and future staffing needs,
interoperability, networks, technology, equipment, and infrastructure
needs, as well as the immediate and future improvements needed to
continue to provide exceptional public safety dispatch services through the
WCRCC.
B. Contractor shall evaluate the WCRCC call processing to ensure
compliance with all applicable governmental rules, policies and statutes,
including regional, the Department of Public Safety, and Emergency
Medical Services rules and policies. Such evaluation will assess the
effectiveness and efficiency of the WCRCC's operations and will identify
any areas where the WCRCC is not in compliance with nationally
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recognized call answering and dispatch standards as well as county and
state rules and regulations, and quality assurance standards.
C. Contractor shall develop recommendations for emergency dispatch center
enhancements based on the utilization of current resources,
implementation of operational and/or technological enhancements, and
forecasted trends.
D. Contractor shall conduct a strategic planning session in Weld County
which will focus on the validation of the recommendations and
preparation of the Draft Strategic Plan.
E. Contractor shall prepare a Draft Strategic Plan which shall include at a
minimum: executive summary; overview of current operations and
technologies; description of current practices; facility requirement;
operational and staffing planning; technology planning; and financial
implications and budgetary cost estimates.
F. Contractor's project manager and designated team members will meet
with E-911 representatives via conference call to discuss the Draft
Strategic Plan.
III. PHASE THREE: Final Strategic Plan Development and Presentation
A. Contractor shall modify and finalize the Strategic Plan.
B. Contractor shall provide 20 hard copies and one electronic copy of the
Final Strategic Plan to E-911
C. Contractor shall make an on-site presentation of the Final Strategic Plan to
E-911.
IV. It is the intention of the parties that Contractor shall perform all of those services
described in Contractor's Emergency Dispatch Center Assessment and Strategic Plan
Proposal dated June 12, 2012.
V. The Project Coordinators for both Contractor and E-911 shall meet via conference
call and confer no less than twice a month to discuss the status of the project and ally
other issues related thereto.
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EXHIBIT B
Deadlines
1. All Phase One services shall be completed no later than 80 days from
Contractor's receipt of signed contract.
2. All Phase Two services shall be completed no later than 150 days from
Contractor's receipt of signed contract, except that Contractor shall provide to
E-911 a draft of budgetary recommendations on or before December 1, 2012
3. All Phase Three services shall be completed no later than 180 days from
Contractor's receipt of signed contract.
TO: Board of County Commissioners
FROM: Captain Mike Savage, WCRCC
SUBJECT: Consultation Services for Communications Center Strategic
Plan—Emergency Dispatch Assessment bid: B1200088
DATE: July 17`h, 2012
The Weld County E-911 Authority Board through Weld County's bid process solicited
proposals to conduct an assessment and develop a strategic plan for the Communications
Center. Four firms responded to the RFP and submitted proposals to conduct the
assessment. After E-911 Board members reviewed these submissions two firms were
invited to provide a presentation and respond to questions from the E-911 Board. These
interviews were conducted by the E-911 Board on July 10`h, 2012.
On July 13th at their regularly scheduled meeting the E-91 I Board approved awarding the
contract to GeoComm in the amount of$59,706.00.which will be paid by the E-911
Authority Board.
If you have any questions, concerns, or additional direction, please do not hesitate to
contact me at 350-9668.
WELD COUNTY PURCHASING
915 10TH St Room #334, Greeley CO 80631
E-Mail: mwaltersaco.weld.co.us
, r ' �, E-mail: reverett( .co.weld.co.us
y L' r ' Phone: (970) 356-4000, Ext 4222 or 4223
G o u N T r Fax: (970) 336-7226
DATE OF BID: June 12th, 2012
REQUEST FOR: EMERGENCY DISPATCH CENTER ASSESSMENT & STRATEGIC PLAN
DEPARTMENT: Weld County Communications Center
BID NO: #B1200088
PRESENT DATE: June 13th, 2012
APPROVAL DATE: June 27th, 2012
VENDORS
INTERTECH ASSOCIATES
77-55 SCHANCK ROAD, STE A-14
FREEHOLD NJ 07728
GEO-COMM INC
601 W. SAINT GERMAIN ST
ST. CLOUD MN 56301
ELERT & ASSOCIATES
140 THIRD STREET SOUTH
STILLWATER, MN 55082
MATRIX CONSULTING GROUP
721 COLORADO AVENUE, STE 101
PALO ALTO, CA 94303
DELTAWRX MANAGEMENT CONSULTANTS - LATE BID
21700 OXNARD STREET
STE. 530
WOODLAND HILLS, CA 91367
**BIDS ARE BEING REVIEWED AT THIS TIME BY DEPT** 2012-1470
b//37ao/ - OW)00 o
OVERVIEW:
Through this request for proposal, the Weld County Regional Communications Center (WCRCC) respectfully
requests proposals from responsible and qualified firms for a consultant study directed at assessing current
emergency dispatch operations and the development of a strategic plan providing a "roadmap" for WCRCC's
future development.
The Weld County Regional Communications Center is a combined PSAP which serves 17 police departments
and one sheriff's office, 20 fire departments, and 3 ambulance services. Weld County encompasses over 4,000
square miles and is located in northeastern Colorado. The total population of Weld County is around 270,000;
approximately 100,000 persons reside in Greeley,the largest municipality. The Center's staff of 58 dispatchers,
staffing up to 14 consoles, handle approximately 350,000 calls for service annually. The Center is managed by
the Greeley Police Department which responds to oversight by the Weld County Communications Advisory
Board. Funding for the Center is provided through a joint cooperative agreement between Weld County, the
City of Greeley and the Weld County E-911 Authority Board.
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