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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
Philip Morley, County Administrator
FROM:
JEFFCOM BOARD/Sheriff A. Hernandez
DATE:
8/24/2010
RE:
JEFFCOM Computer Aided Dispatch System Needs
AnalysisIRecommendation
~
STATEMENT OF ISSUE: JEPPCOM will continue their engagement of ADCOMM
ENGINEERING COMPANY to perform the next step in the CAD system project, including:
1. Gather user requirements for a CAD system from representatives of law enforcement,
firelEMS, dispatch, and information technology/system support.
2. Evaluate user requirements.
3. Create a user needs analysis document.
4. Create a technical needs document for use in the cost benefit analysis.
5. Gather/refresh information on the following options: reset the current system; upgrade;
or, partner with PENCOM or CENCOM
6. Perform a cost/benefit analysis using data gathered.
7. Develop a written recommendation.
8. Present the results and recommendation to the JEFFCOM Board.
Work to be completed in 90 days from notice to proceed, for a cost of $22,360.
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DEPARTMENT CONTACT:
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Contract for Professional Engineering Services
This contract dated between ADCOMM Engineering Company., hereinafter referred to
as ADCOMM, and Jefferson County, WA, hereinafter referred to as Client, covers the following items, as
mutually agreed upon.
1. Scope of Services.
ADCOMM will provide Client with professional engineering services as follows:
1. Gather user requirements for a CAD system from representatives of law
enforcement, fire/EMS, dispatch, and information technology/system support.
2. Evaluate user requirements.
3. Create a user needs anaiysis document.
4. Create a technical needs document for use in the cost benefit analysis.
5. Gather/refresh information on the foliowing options: reset the current system;
upgrade; or, partner with PENCOM or CENCOM
6. Perform a costlbeneflt analysis using data gathered.
7. Develop a written recommendation.
8. Present the resuits and recommendation to the JEFFCOM Board.
2. Time of Performance.
90 davs from contract sianina and notice to proceed. startina no earlier than Auaust 16. 2010.
Delays caused by conditions beyond ADCOMM's reasonable controi shall, upon mutual
agreement from Client, extend the Time of Performance. ADCOMM shall notify Client, as soon
as the delay is known. Client shall notify ADCOMM, as soon as events which may delay
ADCOMM's performance are known.
3. Compensation and Method of Payment
A Client agrees to reimburse ADCOMM for the services described in Section 1 in the following
manner:
Client shall pay ADCOMM for services as described in the Statement of Work (Attachment
A, Incorporated herein by reference). . The total amount for both labor and expenses for the
completion of these tasks is $22,360.
Additionai work may be performed at Client's direction and approval. Such work will be billed
at then-current rates.
B. Billing. ADCOMM will bill Client at the end of the project. ADCOMM will submit an invoice
including documentation that states the work completed. Client shall review the invoice to
determine whether the task is completed and the amount billed is In conformance with the
contract. If Client approves the invoice, Client shall pay ADCOMM within thirty (30) days of
the receipt of the invoice by Client.
C. Rate Increases. ADCOMM typically increases its hourly rates on January 1 of each year.
Client agrees to pay ADCOMM for additional work authorized based on the current rate
sheet.
Contmct for Professional Services
ADCOMM Engineering Company
Page 1 of6
4. Confidential Disclosure.
ADCOMM will hold confidential all business information obtained from Ciient or it affiiiates or
generated in the performance of services under this agreement and identified in writing by Ciient
as "confidential." ADCOMM will not disclose such information without Ciienfs consent except to
the extent required for (1) performance of services under this agreement; (2) compiiance with
professional or ethical standards of conduct for preservation of pubiic safety, health, and welfare;
(3) compiiance with any court order or other govemmental directive; and/or; (4) protection of
ADCOMM against claims or iiabilities arising from performance of services under this agreement
ADCOMM's obiigation hereunder shall not apply to information available to ADCOMM prior to this
contract, information in the pUbiic domain or lawfully acquired on a non-confidential basis from
others.
5. Limitations of LIability.
All services to be rendered or performed under this agreement will be performed or rendered
entirely at ADCOMM's own risk and ADCOMM expressly agrees to hold harmless and indemnify
Ciient and all of its officers, agents, employees, or otherwise, from any and all iiability, loss or
damage including reasonable costs of defense that they may suffer as a result of claims,
demand, actions, or damages to any and all persons or property, costs or judgments against
Client for negligent acts which are a direct result from the services to be performed by ADCOMM
under this agreement.
ADCOMM will not assume iiability for action taken by Client and Ciient agrees to hold ADCOMM
harmless against any such liability or claim of liability.
In no case shall ADCOMM be responsible for job site safety for any of Client's officers, agents,
employees, or any others; for any officers, agents, employees, or guests of any Contractor hired
to perform any of construction work that may arise from any of the work ADCOMM performs for
ciient.
6. Changes.
Changes may be made to this contract upon mutual agreement of both parties. Changes shall be
made in writing, signed by both parties, and included as part of the original contract
7. Assignment/Subcontractors.
A. ADCOMM shall not assign any portion of this agreement without the written consent of
Ciient, and it is further agreed that said consent must be sought in writing by ADCOMM not
less than thirty (30) days prior to the date of any proposed assignment.
B. Any work or services assigned hereunder shall be subject to each provision of this
agreement and proper bidding procedures where applicable as set forth by local, state
and/or federal statutes, ordinances and guideiines.
C. Any technicailprofessional service subcontract not iisted In this agreement, which is to be
charged to the agreement must have express advance approval by Client.
8. Nondiscrimination In Employment.
A. Ciient is an equal opportunity employer.
Contract for Professional Services
ADCOMM Engineering Company
Page 2 of6
B. ADCOMM agrees that it will comply with all federal and state discrimination laws and that it
will not discriminate against any employee or applicant on the grounds of race, creed, color,
national origin, sex, marital status, age, or the presenca of any sensory, mental or physical
handicap; provided that the prohibition against discrimination in employment because of
handicap shall not apply if the particular disability prevents the proper perfonmance of the
particular worker involved.
9. RelatIonshIp of Parties.
A. The parties intend that an independent contractor/Client relationship will be created by this
agreement. Client is interested primarily in the resuits to be achieved; the implementation
services will lie solely with ADCOMM. No agent, employee, servant or representative of
ADCOMM shall be deemed to be an employee, agent, servant or representative of Client for
any purpose, and the employees of ADCOMM are not entitled to any of the benefits Client
provides for its employees. ADCOMM will be solely and entirely responsible for its acts and
for the acts of its agents, employees, servants, and subcontractors or otherwise during the
perfonmance of this agreement.
B. In the perfonmance of the services herein contemplated, ADCOMM is an independent
contractor with the authority to control and direct the perfonmance of the details of the work;
however, the services contemplated herein must meet the approval of Client and shall be
subject to Client's general rights of inspection and review to secure the satisfactory
completion hereof.
C. In the event that any of ADCOMM's employees, agents, servants or otherwise, carry on
activities or conduct themselves in any manner which may jeopardize the funding of this
agreement, ADCOMM shall be responsible for taking adequate measures to prevent said
employee, agent or servant from perfonming or providing any of the services contained in
this agreement.
10. Suspension, Termination and Close-out.
If ADCOMM fails to comply with the tenms and conditions of this agreement, Client may pursue
such remedies as are legally available including, but not limited to, the suspension or tenmination
of this agreement in the manner specified herein.
A. Suspension.
If ADCOMM fails to comply with the tenms of this agreement, or whenever ADCOMM is
unable to substantiate full compliance with the provisions of this agreement, Client may
suspend the agreement pending corrective action or investigation, effective not less than 7
days following written notification to ADCOMM or its authorized representative. The
suspension will remain in full force and effect until ADCOMM has taken corrective action to
the satisfaction of Client and is able to substantiate its full compliance with the terms and
conditions of this agreement. No obligation incurred by ADCOMM or its authorized
representative during the period of suspension will be allowable under the agreement
except:
1. Reasonable, proper and otherwise allowable costs which ADCOMM could not avoid
during the period of suspension;
Contract for Professional Services
ADCOMM Engineering Company
Page 3 of6
2. If upon investigation ADCOMM is able to substantiate compiete compliance with the
terms and conditions of this agreement, otherwise allowable costs incurred during the
period of suspension will be allowed.
B. Termination for Cause. If ADCOMM fails to compiy with the terms and conditions of this
agreement and any of the following conditions exist
1. The lack of compliance with the provisions of this agreement are of such scope and
nature that Client deems continuation of this agreement to be substantially detrimental to
the interest of Client;
2. ADCOMM has failed to take satisfactory action as directed by Client or its authorized
representative within the time specified by the same;
3. ADCOMM has failed within the time specified by Client or its authorized representative to
satisfactorily substantiate its compliance with the terms and conditions of this agreement;
then, Client may terminate this agreement in whole or in part, and thereupon shail notify
ADCOMM of the termination, the reasons therefore, and the effective date provided such
effective date shail not be prior to notification to ADCOMM. After this effective date, no
charges incurred under any terminated portions are allowable.
C. Terminations for Other Grounds. This agreement may also be terminated in whoie or in part
as foilows:
1. Termination by Mutual Agreement. This agreement may be terminated by the mutual
agreement of the parties. Such termination shall be in writing, signed by both parties and
shail include the conditions for termination, the effective date and in the case of
termination in part, that portion to be terminated.
2. Termination for Lack of Funding. In the event that funding from state, federal or other
sources is withdrawn. reduced or limited in any way after the effective date of this
agreement, and prior to the normal compietion date of this agreement, Client may
summariiy terminate this agreement as to the funds withdrawn, reduced, or limited,
notwithstanding any other termination provision of this agreement. If the level of funding
withdrawn, reduced or limited is so great that Client deems that the continuation of the
program covered by this agreement is no longer in the best interests of Client, Client may
summarily terminate this agreement in whole, notwithstanding any other termination
provisions of this agreement. Termination under this paragraph shall be effective upon
the date specified in the wrillen notice of termination sent by Client to ADCOMM. Mer
the effective date, no charges incurred under this agreement are allowabie. Client
agrees to notify ADCOMM promptly of any proposed reduction in the funding of which
Client is notified. ADCOMM agrees that upon receipt of such notice from Client, it shall
take appropriate and reasonabie action to reduce its spending in the affected funding
areas so that expenditures do not exceed the funding level which wouid resuit if said
proposed reduction became effective.
D. CiosEKlut.
In the event that this agreement is terminated in whole or in part for any reason, the foilowing
provisions shall appiy:
1. Upon written request by ADCOMM, Client shail make or arrange for payment to
ADCOMM of ailowable reimbursable costs not covered by previous payment;
Contract for Professional Services
ADCOMM Engineering Company
Page 4 of6
2. ADCOMM shall immediately refund to Client any unencumbered balance of funds paid
for the budgeted, but unspent for the service(s) terminated;
3. ADCOMM shall submit, within thirty (30) days after the date of expiration of this
agreement, all financial, performance and other report required by this agreement;
4. In the event a financial audit has not been performed prior to closeout of this agreement,
Client retains the right to withhoid a just and reasonable sum from the final payment to
ADCOMM after fully considering the recommendations on disallowed costs resulting from
the final audit.
11. Jurisdiction.
A. This agreement has been and shall be construed as having been made and delivered within
the State of Washington and it is agreed by each party hereto that this agreement shall be
governed by the laws of the State of Washington both as to interpretation and performance.
B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this agreement
or any provisions thereof, shall be instituted and maintained only in any of the courts of
competent jurisdiction in Snohomish County Washington .
12. Insurance.
If required, ADCOMM shall provide to Client a copy of a certificate of insurance covering General
Liability coverage in the amount of $1,000,000, a copy of automobile accident liability and shall
certify to notify Client if any change in this insurance status occurs. ADCOMM shall procure and
maintain for the duration of the agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the work by
ADCOMM, their agents, representatives, employees, or subcontractors.
ADCOMM shall provide documentation of insurance evidencing:
(a) Commercial General Liability Insurance written on an occurrence basis with limits no less
than one million dollars ($1,000,000) combined single limit per occurrence and two million
dollars ($2,000,000) aggregate for personal injury, bodily injury, and property damage.
(b) Professional Liability Insurance with limits no less than one million dollars ($1,000,000) per
occurrence.
Any payment of deductible or self-insured retention shall be the sole responsibility of ADCOMM.
ADCOMM's insurance shall contain a clause stating that coverage 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.
13. Intergovernmental Purchasing.
ADCOMM agrees to make available to other public agencies as allowed under applicable local
and state regulations similar services for the same terms and conditions as outlined in this
contract.
14. Contract Renewal.
This contract is renewable on a yearly basis by written request of Client. Any changes made in
the contract at that time will be made by written contract addendum and signed by both parties.
Contract for Professional Services
ADCOMM Engineering Company
Page 5 of6
15. Severability.
A. It is understood and agreed by the parties hereto that if any part, term or provision of this
agreement is held by the courts to be iIIegai, the validity of the remaining provisions shail not
be affected, and the rights and obligations of the parties shail be construed and enforced as
if the agreement did not contain the particular provision held to be invalid.
B. If it should appear that any provision hereof is in conflict with any statute of the State of
Washington, said provision which may conflict therewith shall be deemed modified to
conform to such statutory provision.
16. Entire Agreement.
The parties agree that this agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded.
17. Waiver of Terms.
It is aiso agreed by the parties that the forgiveness of the nonperformance of any provision of this
agreement does not constitute a waiver of the provisions of this agreement
AOCOMM Engineering Company
JEFFERSON COUNTY
David Sullivan, Chair
Date: .a.lM1 ~, D
Date:
Attest/Authenticated:
Approved as to Form Only: J
~ ~~}~
Deputy Prosecuting Attomey
Loma Delaney, CMC
Clerk of the Board
Contract for Professional Services
AOCOMM Engineering Company
Page60f6
Attachment A
ADCOMM Engineering Company
Bridging the Gap Between Operations and Technofogy@
III
llii
July 28, 2010
Sheriff Anthony Hernandez, Jefferson County SO
Assistant Chief Randy Coggan, Port Ludlow FD
81 Elkins Road
Port Hadlock W A 98339
VIA EMAlL
RE: Final Proposal for JEFFCOM CAD Project
Dear Sheriff Hernandez and A/C Coggan:
This letter represents the final scope of work, incorporating the requested Board changes
relayed to me yesterday. Please let me know as soon as the contract is signed and we can get
underway!
Scope
Determining user needs through face to face interviews is a critical element of success, and it is
often difficult to conduct these interviews efficiently and in a condensed time period. By
concentrating the user interviews into a single week, and provided Jefferson County handles
the scheduling of the interviewees, we were able to reduce the overall amount of the proposal.
The major elements of the scope remain as follows:
1. Gather user requirements for a CAD system from representatives of law enforcement,
fire/EMS, dispatch, and information technology/system support
2. Evaluate user requirements.
3. Create a user needs analysis document
4. Create a technical needs document for use in the cost benefit analysis.
5. Gather/refresh information on the following options: reset the current system; upgrade;
or, partner with PEN COM or CENCOM
6. Perform a cost/benefit analysis using data gathered.
7. Develop a written recommendation.
8. Present the results and recommendation to the JEFFCOM Board.
ADCOMM's proposal is to perform the needs analysis for JEFFCOM stakeholders, including
user agency executives, dispatch personnel, and IT support staff. Jefferson County will identify
3929 184th P1ace SE
BotheII, WA 98012-8827
Vofoa: 425.821.8827 Fax: 425M88.3952
E.malJ: j.blascltka@adcomm911.com
Dave Magnenat, PMP
4201 Westvlew Drive NE
Bremerton, WA 98310..3689
Voice: 3BO.377~ Fax: 350_824_6059
EmaJJ: d._adc0mm911.com
Sheriff Hernandez & A/c Coggan
July 28, 2010
Page 2
and schedule the appropriate stakeholders for interviews within a single week in order to
reduce consultant travel and cost.
We will also meet in person with CENCOM and PENCOM personnel to evaluate their systems,
capability and capacity for partnership with }EFFCOM. These are intended to be exploratory
discussions solely for the purpose of the cost/benefit analysis and to better inform our
recommendation. ADCOMM will schedule these meetings.
Our intent is to deliver a draft report of the cost/benefit analysis findings and review it with
you first. Following any input you andlor your staff may have, we would finalize the report
and recommendation and present it to the Board at your convenience.
We estimate the project will take approximately 90 days from contract approval and notice to
proceed. This time frame may be extended if contacts are not available, needed materials are not
available in a timely fashion, and so on. Our earliest start date is August 16th, 2010.
We presented a proposal in November 2009 covering only the user needs assessment. The effort
required for this expanded scope is considerably more, however we have maintained the same
hourly rate from that proposal for this one. AOCOMM proposes to complete this project for a
fixed price of $22,360 payable upon completion of the }EFFCOM Board presentation. Please
note that additional work outside the scope described here can be performed on approval by
either of you and will be billed at our then-current time and materials rate.
Thanks you again for the opportunity to work with Jefferson County and }EFFCOM on this
project.
Sincerely,
c!.;)-::: Engineering Company
Dave Magnenat,
Senior Consultant
ADCOMIII ENGINEERING COMPANY I COMMUNICATIONS CONSULTING