City Council

a o nh,t* '{ G.e. P,4,4 couNc rL A.ENDA /4-ry rrEM No. xl. , 7lel74 C#ri.Cg| COUNCIL Mo NO. 1050-74 July 5, L974 TO: Mayor and City Co llxl cl1 I FROM: Ctty Manager I Boo SUBJECT: Contract with 1 -Al1en & Hamilton and the City of Oklahoma q iEy I Councll approval of the cont {act descrlbed be1.ow is requested. I I i LESSEE: Booz-A1len & Hami I ton 1025 Connecticut venue, N. W. Washington, D. C. + 200 36 LOCATION: City of Okl-ahona d ity Data Processing D + vis ion 331 West Main Oklahoma City, Ok 3LO2 |ahona .7 PURPOSE: To develop a conp feUensfve Data Processing PLan I BACKGROUND : Ammen dat o ry conce ft approved by City Council on Noveober 20, L973 I with HUD 701 Management Grant July 1, L973 thru I S.ptember 30, L974. (Two-thirds is HUD funds and Pr.-third Ls contributed services from the City of Dklahoma City - no cash.) CIIARGES: $40,000 i" f RECOMMENDATION: This offic recommends appr.oval of the contract between Booz-A1len & Ilamllt "i and the Clty of Oklahoma Clty. "h ful-1 sub itte t I , H . D. McMahan c ity Manager HDM: JRC : hl-n At tachmen t (Lrdass %- -f;f;:q-='i"-?.:ffirar--rE',Firrr.:F-sET,Erfrs,n;F.r!*ffi'n.x.:j-5+.ffijeo@Hqffii'@*'ltHffia.i*a!'"5-*i*i.3'l-: a lrll, D CONTRACT FOR dERSONAL SERVICES CO}IPREHENSIVE PI-ANNING ASSISTANCE PROJECT PROJECT NO. OKIJIHOIIR CPE. TOZ6 1, filIS AGREEMENT, entered into as of this day of i^.,+ 19-, bY and between BOO AiT,T,EN & I{A NTTT. Tnr' 1 9R l-nnnan Avenue, N. W. , Washington, D. c. 20036 (herein caL1ed the Contractor ) and rHE crrY 0F oIc-AHollA crtY (herej.n ca11ed the CiEY), WITNESSETII THAT: certain WI{EREAS; the City desires to 1en$a$e the Contractor to render technical or professionaL servicesi hereafter described in connecti-on wlth an undertalcing which is expected qo be partially financed under Sectj-on 701 of the Housing Act of !g54, as amended: folLot*rs: NOW, THEREFORE, the Parties hl"..ao do rautually agree as of Contractor The City hereby agrees to engage the 1. servlces Contrac tor and the Contractor agrees to perfoEr.n personally the hereinafter seE forth in conoect, wich the Project of the City under Com- prehensive Planning Grant Contrac No. CPA 1206 2. Area Covered. Not Appl-icab1e. out 3. Scope of Servlces. The Contracfor shall do,'perform, and carry personally in a satsfactory and ploper rnanner, the following services; Tasks I -ihrougfr li of Section III, "The Scope of Our Services for This Assignmentrr, cr-,rri.ained in tlre C.::trrl.torr,:: Frooosal to the City d:rtecl Ju:ne 24' L974. the 4. Data. to be Furnished to clontracFor.- Tire city will provide to Contr"cto ek after the date of rhis agreemenE' necessary information on hArdware configuration and all auE'onated applicaEions. ",rt..ti 5. Personngl. a. The cont;ractor represents that he has, or rviLl- seeure at lis o*fr-e*perse, all perlsonnel required in perforrning the services uncler this ContracE. Such personnel shall not be employees of or have any contractual relationship r'rith the. City. I b. Al-1 of the servi..= f.qurred hereunder will be perfoqmed by the Contractor or under his sup$rvision, and alL personnel engaged in the work shall be fully qualified {nd shaL1 be authorized under StaEe aud Iocal law to perform such services; c. None of the work or $ervices covered by this Contract shal1 be subcontracted without the prior written approval of the City. d, The ContracE,or will $esignate ihe name of the person in charge. 6. Time of Performance. Thd serrrices of the Contractor are to cormence as soon as practicabLe after the execution of this ContracE and shalL be undertaken and completed irn such seguence as to assuxe their expeditious completion in the light of the purposes of this ConE,ract, but in any event alL of the servj.ces required hereuailer shall be coropleted by September 2O, L974. 7. Compensat,ion. Itre City agrees to pay the Contractor the total strm of tr'ortv Thousand Dol-1ars ( for the above services. 8. Method of set forth f.n Paragra for the Contraetorrs ing manner, in every from the Contractor Contract in conformance wi.th the Contract and that he is entitled to receive the amount requisltioned under the terms of the Contract: One-Ihird of the total- paytrent by July 3L, L974 One-Third of the total- paynent by August 3L, L974 I One-Third of the total paypent by Septenber 20, L974, or at the satisfactory completion of the Contract. 9. Termination of Contract fbr Cause. If, through any cause, the Contractor shalL fai1 to fulfill- in tluely and proper nanner his obligations under this Contract, or if the Conttactor shal,l violate any of the covenants' agreements, or stipulations of this Contract, the City shall thereupon have the right to Lerminate this ContracE by giving written notice to the Contractor of srre.h ter:ri-nati-on and speii Eyir'I tire effective clcle thereof , ai le:st 5 days Lefore the effecEive date ot. such termination. In that event, all finished Or unfiniShed documents, data, studles, Surveys, drawings' maps, model-s, photographs, and reports or other m,Aterial prepared by the Contractor under this Contract sha11, at the opti-on 6f the City, become its properEy' and the ConEractor sha11 be entitled to recNive just and equi.table compensaEion for any satisfactory work completed on guch documents and other mat,erials. Notlrithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the ContrActor, and the City nay withhoLd any 2 :2- i/ I urpose paynents to the contractor for the ln of setoff until such time as the due Ci from the Contractor detern:ined. exact amount of damages the trv is 10 . Termination for Convenience of City. The City may terminate this contract at any tinoe by gfying wriUfen notice to the Contractor of such termination and specifying'the effective date thereof, at least, 15 days before the effective date of such termination. In that event, all finished or unfinished docr:ments and other natgrials as descrLbed in Paragraph 9 above shaL1", at the opti.on of the City, \ecome its ProPerEy. If the contract is terminated by the City as provlded herein, the Contractor will be paid.. an amount which bears the same ratio to the total comPensation as the senrices actually perfomed bear to the totail se:rrices of the Gontractor covered by this Contract, less payuents of cogPensation previously m.de; Provided, however, that if less than 60 percent of the serviceg covered by this contract have been perforned upon the effective date of such termj.nation, the Con- tractor shal1 be reiobursed (in addi.ton to the above paynent) for that Portl.on of the actual out-of-pocket e:rpens$ (not othenrise reiubursed under this contract) incurred by the Contractob during the Contract period which are directly attributabLe to the uncomp[eted portion of the servi.ces covered by thi.s ContracE. If this Contract isi terminated due to the fault of the Contractor, Paragraph t hereof reLaElve to termination sha11 aPPly. 11. thanges- The City may, f,rom time to time, require ehanges in the scope of ttre services of the Cohtractor to be performed hereunder' Such changes, including any increase or decrease in the amount of the Contractorts eompensation, which are mutually agreed upon by and between the City and the Contractor, shalL be incorporated in written amendments to this contract. ]-.2. t (a) The grant,ee will not discrimi- nate against any emPloYee or aPPl E for employment because of race, color, religion, sex or national origin. grantee shall take affirmative actlon to ensure that aPPlicants are emP loyeed and that employees are treated duriog employnent, wiLhout regard to their race, color, religion, sex or national origin. Such action shalL include, but not be limited to the followLng: employuents, upgrading, demotions, or transfers, recruituent or recruitmeat advertising, layoffs or terninationg; rates of pay or other forns of com- pensation; selection for traini.ng ir,rcLuding apPrenticeship; and partlclpation in recreational and edueational actLvities. ltre grantee agrees to post in conspicuous places available to employees and appl-lcants for empLoyment notices to be provided setting forth the provisions of this non-discrimination clause. The grantee will io solicitations or adverEisements for employees placed by or on behalf of the grantee, state that all qual-ified appLicants will receive consirleration fo: e:rr1.o.',!ent wi.thout regerd to rae.e, co1or, re'1-igic.n, $,;x or national origiir. Tire g,rantee wrll cause. Etre foregoing provisions to be inserted in all subcontracts for standard coumercial supplies or ra!'r Baterials. (b) The grantee shall keep such records and submit such rePorts concerning the racial and ethnic origin of applicants for empl-oyment and employees as the Secretary may require. (c) The grantee agrees to eomply with such ruIes, regulations or guidelines as the Seeretary may issue to implement these requirements. 3- 13 . Interest of members of cir and Orhers. No officer. member, or employee of the CitY and no s of it,s governing body, and no other public official of the governing body of the locality or l-ocali.ties in which the Project is situated or being carr'led out who exercises any functions or responsibilities in the review or aPproval of the underEaking or carrying out of this Project, shall participf,te in any deeision relating to this Contract whLch affects his personal interest or the interest of any corPoratioh, partnership, or associa s, directly, or indir eetLy interested or have any personal or t direct or indirect , in this Con- tract or the proceeds thereof- L4. AssignabilitY. The Cont!Ector shal-l not assign any lnterest in this Contractr and shaLl not transfpr any interest in the same (whether by assignment or novatlon), without thb prior written consent of the City thereto; provided, however, that cLaims for lnoney due or to become due to the Contractor frou the City under thi.s Contract may be assigned to a bank, trust coBpany or other financial institution without such approval. Notice of any such assign- ruent or transfer shaLL be furnlshed proroptl-y to the City. 15. Interest of Contractor. Ihe Contractor covenants thaE he presently has no interest and shalL not aequire any interest, direcEor or indlrectt which would confllct iu any manner or degree with the perforrnance of services requiredtobeperformedunderthisContract.IheContractorfurthercovenarrts that in the perforrnance of this Contract no person having any such ioterest shaII be enployed. 1 6. Findine Confidentlal. Any reports, informati-on, data, etc., given to or prepared or assembled by the Contractor under this Contract, which the City requests to be kept as confidential- shall not be made availab le to any individual or organization by the CDntractor without the prior written approval of the City. L7 . Officials not to Benefit. No Members of or Delegate to the Congress of the United States of America, no Resident Commissioner, shall be adnitted to any share or part hereof or to any benefiE to arise herefrom. 18. Identificat A11 reports, maps, and other documents comPleted as;a Paag of this Contr , other than documents exclusively for internal use withia the CitY, shall carry the foLLowing notation on the front cover or a title page, (or in the cpse of maps, in the same block) eontaiaing the name of the CitY: Tirg Brel;Tat-ion of t-lr''! ri::r...'r":r r53'p, d-i::::::a:it, etc. r ''"1S financed i:", pa;E through a Comprehensive planning grEnt from the Department of Housing and urban Development, under the provislons of section 70]- of the Housing Act of L954, as amended, together with the date (month and year) the document rvas prepared and the name of the municipality, metropolitan area, or other planning area concerned. 4 I 19. Office Space. The City hlreby agrees to make available without charge to tf,E C6iGI6r, ei.ther atl the Cityrs headquarters or in a con'munity or area receiving assistance hls uslral place of business for the perfornance of the servi.ces agreed to under this contract, and the Contractor hereby agrees not to include any charge for such addi.tional space in his fee. 20. Publica ,on and Use of Material. No materlal Pro- duced in whole or in Part under th Contract shall be subject to copyright in the United States or in any ot country. Ttre City and IIUD shall have unrestricted authority to publish, c1ose, distribute and other:vrise use, in whole or in part, any reports, dhta, or other materials prepared under this contract. 2L. Audits and InsPectionst At any time durLng normaL business hours and as often as the City, IIUD and/or the Conptroller General of the Unlted States may deem necessary, there shall- be made available to the City, Hud aod/or represenEatlves of the CompEroller General for examination all of its records with respect to all matters covered by this contract and will perait the cLty, HUD and/or representatives of the Cornptroller General to audit, exanine and make excerpts or transcripts'from such reeords, aod to made audits of all contracts, invoices, mrterials, payroI1s, records of personnel, conditioas of employrnent and other data relating to aLL matters covered by this contracE. IN WITNESS WITEREOF the Ciry and the contracE,or have executed, this agree- ment as of the date firsL above written. crrY oF oKr,ArroIIA crlY, 0KLASOMA BY I.IAYOR, CITY OF OKIAIIOI,fA CIIY, OKT,AIIOMA ATTEST: E. Ray Long, City Clerk APPROVED as to legaL fono and 1egaL adequacy this 5 day of Le74. i Assis CounseLor (Contractor) BOOZ, &HA ON Inc. By a