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HomeMy WebLinkAboutResolution - 121676C - Agreement - Cresap, Mccormick & Paget Inc - Municipal Court Study - 12_16_1976A� KJ : bsb 121" 7& C RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an agreement between the CITY OF LUBBOCK and CRESAP, MCCOPMICK AND PACET, INC. covering a Municipal Court Study, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16 day of ATTEST: Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney December , 197 •n n CONTRACT FOR CONSULTING SERVICES. TO . .CONDUCT A MUNICIPAL COURT STUDY FOR THE CITY OF LUBBOCK THE STATE OF TEXAS X COUNTY OF.LUBBOCK X THIS AGREEMENT entered into is day by and betw n the CIT OF BBOC��jj nn hereinafter called "CITY", and a,p_ f L d �.e�A?aL , hereinafter called "CONSULTANT": �� — WITNESSETH: WHEREAS, the City has made proper application for and has received a grant award made by the Texas Office of Traffic Safety for the purpose of conducting a Municipal Court Study for the City of Lubbock; and, WHEREAS, the City desires to engage the services of the Consultant for the purpose of making such study upon the following terms and conditions: 1. The City agrees to engage the services of the Consultant.for the purpose. of conducting a Municipal Cou.rt Study for the City of Lubbock in accor- dance with the Proposals for Comprehensive Municipal Court Study of the City of Lubbock made a part hereof which is attached hereto as Exhibit A. 2. It is agreed that emphasis on this study shall be placed on future develop- ments or long-range developments for the Lubbock Municipal Court. It is understood and agreed that the services to be performed under this agree- ment and the compensation to be paid hereunder are contingent upon the approval. of this agreement by the Texas Office of Traffic Safety and the receipt of grant funds to perform such study. 3. The Consultant shall secure, at his own expense, all personnel required to perform its services under this contract and shall submit to the Project Monitoring Committee, as established in the proposal attached hereto, the names of such employees and the Project Manager assigned to this project and such personnel shall meet with the approval of this Committee. 4. The Consultant shall provide all equipment and office space necessary to carry out the services provided in this agreement, with the exception that the City shall provide space for performing services under this agreement which are necessarily carried out on the premises of the City. The Con- sultant shall commence work under this agreement thirty (30) days from award of the Contract, and the final report shall be submitted within one hundred twenty (120) days from the commencement date. 1n addition, the Consultant shall make a report thirty (30) days from the commencement of work under this agreement which shall be submitted to the Project Moni- toring Committee, a like report shall be made each thirty (30) days there- after for the duration of this agreement. The final report shall be sub- mitted to the City Manager who shall in turn submit the final report to the City Council of the City of Lubbock for its review and acceptance. 5. The compensatiop to be aid by the City to the Consultant shall not exceed 4 / z, e o with payment to be made ty the City each thirty (30) days based upon the Consultant's submitted and approved invoice, with final payment to be made upon the submission of the final report and acceptance by the City Council. 6. The consultant will submit a draft copy of the final report to the City Manager for review with him. Upon review with the City Manager, the Consultant will print fifty (50) copies of the plan and deliver them to the City. 7. All material developed or acquired by the Consultant for work done under this contract shall become the property of the City. All such material shall not be released to the public prior to the termination of the con- tract without the prior written approval of the City Manager. 8. No reports, maps or other documents produced -in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Consultant. 9. The Consultant shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same (whether by assignment or novation), without the prior written consent of the City. 10. The Consultant shall accept full responsibility for payment of -unemploy- ment insurance, premiums for workman's compensation and social security, as well as all income deductions and any other terms of payroll deductions required by law for his employees engaged in the work authorized by this contract. 11. The Consultant shall save harmless.the City from all suits, actions, or . claims brought on account of any injuries or damages sustained by any per- son or property for which the Consultant's professional negligence is the primary cause,.or on account of any claims or amount recovered for any negligent infringement of patent, trademark, or, copyright, or from claims or amount arising or recovered against the Consultant under their Work- man's Compensation Policy. 12. The City agrees to make available to the Consultant all records and data on file that will assist the Consultant in the discharge of the services herein contracted. 13. The City also agrees to furnish appropriate personnel to carry out its obligations under this contract. 14. The Consultant hereby agrees that he will comply with Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and al'l requirements imposed by or pursuant to regulations of the Department.of Justice appearing at 28 CFR ct. seq. and especially subparts C and D thereof issued pursuant to that title, to the end that no person shall on the grounds of race, creed, sex, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Consultant received compensation through the Council in the form of Federal financial assistance from the Department; and gives further assurance.that he will promptly take any measures necessary to effectuate this commitment. This assurance shall obligate the Consultant for the period during which the Consultant receives Federal financial assistance from the Council, and the United States shall have the right to seek judicial enforcement of this assurance. The Con- . sultant agrees to post in a conspicuous place available to his employees and applicants for employment, government notices setting forth the pro- visions of this nondiscrimination clause. The Consultant will, in all solicitations of advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, sex, color, creed, or national origin. 15. No officer or employee of the City or member of its governing body who exercises any function or responsibilities in connection with the under- taking or carrying out of the project shall, prior to completion of the project, voluntarily acquire any personal interest, direct or indirect, or any contact or proposed contract in connection with the project. If any such member, officer, or employee presently has, or in -the future involun- tarily acquires any such personal interest, he shall immediately disclose such interest to the City. Upon such.disclosure such member, officer or . employee shall not participate in any action by the City affecting the carrying out of the project. The City shall promptly advise the Government of the facts and circumstances concerning any disclosure of interest made to it pursuant to this paragraph. 16. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Con- sultant further covenants that in the performance of this contract no per- son having such interest shall be employed. ' 17. No member of or delegate to the Legislature of the State of Texas or a member of Congress shall be admitted to any share or part thereof br to any benefit to arise herefrom. 18. This agreement can be amended or extended only upon,written agreement _between the City and Consultant. 19. The Consultant shall be in all respects an independent contractor and shall accept sole responsibility for the actions of his project manager and all of its employees and shall be he for all materials, services secured, subcontracts entered into or liabilities incurred in the performance of this agreement. 20. The Consultant shall maintain and make available for inspection, audit, reproduction by any authorized representative of the Comptroller General of the United States of Justice and the State of Texas, books, documents and other evidence pertaining to this agreement and shall maintain all of such records for a period of three (3) years after final payment or until a federally -approved audit has been made and all questions arising" therefrom are resolved. 21. This agreement may be terminated by the City at any time during the life of this agreement if the City shall determine that termination is in the best interest of the City. Termination shall be affected by delivery to the Consultant of a written notice of termination specifying to what extent performance of work under the contract has been terminated and the effective date of termination. 22. The Consultant may terminate this agreement by submitting to the City its letter of termination which shall be effective sixty (60) days from the date of such letter. Upon termination under this section or the above section the City shall to the Consultant pay the amount due for such ser- vices made up to the date of.termination which have been received by the Project Monitoring Committee and are found to be acceptable by such Committee. 23. The written notice referred to in Section 21 and 22 shall be deemed to be complied with by delivery by mail at the following addresses of .the res- pective parties hereto: .THE CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 EXECUTED THIS 16 day of DECEMBER. 1976. CITY LUD OCK ATTEST:. BY:- acwl I ROY BASS, MAYOR . Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Fred 0. Senter,.Jr., City Attorney -3- No Text < EXHIBIT A PROPOSALS FOR COMPREHENSIVE STUDY OF LUBBOCK MUNICIPAL COURT The City of Lubbock requests proposals from professional consulting firms to conduct a comprehensive study of the Lubbock Municipal Court and to formulate a plan -for implementing -the study's recommendations.` The study must deal with the activities of the Court's four major areas - judicial, administrative, legal, and staff. With regard to those areas, the firm must: 1. Collect all pertinent information on.current operations and procedures; 2, Provide an evaluation based on the collected Information; 3, Identify problems which are in any connected to.procedures and operations; 4. Suggest revisions designed to eliminate those problems; and 5. Design programs or approaches which will aid the City in incorporating those revisions into the Court's activities. C.f In addition to the above -mentioned tasks, consulting firm personnel should be available for five working days during the next two years in order to aid City.staff members in implementing the plan. The consultant firm should keep in mind the City's two major objectives in operating the Court.system: 1. The provision of justice; and 2. The efficient allocation of Court and City resources'. The study contract -will be awarded to that firm which, in the proposal review committee's opinion, is best able to aid the City in realizing those objectives,' STUDY AREAS The consulting firm should examine and evaluate at least the following areas: 1. Manpower utilization 2. Organizational structure 3. Interaction with other city, state, county, and federal agencies 4. Record systr-_m, in particular: a. Audit control b. Record retention 5. Current policy affecting priorities among the various types of cases that, are tried (examples of case types would include traffic offenses, zoning violations, etc.) 6. Current policy with regard to jury trials and bonded cases 7. Fine collection procedures with regard to both a. Audit control; and, b. The physical handling of cash and checks 8. Follow-up procedures in warrant division 9.. Methods employed to dispose of cases 10. Prosecution case load 11. Deployment of physical resources 12. The question of whether or not the Court should become a Court 1 of Record. This should be examined in terms of costs, efficiency, and effectiveness. It should be noted that this list is by no means comprehensive and that it should not be interpreted as a limitation upon the consulting firm. It should be expanded as necessary. Following identification, the consultant should prioritize the problems and identify the revisions necessary for their solution. In making recommendations for those revisions and for management improvements, the •firm should keep in mind the need to maintain a benefit/cost equilibrium. PROPOSAL FORMAT - All proposals should include the following information: A. Consultant Organization The consultpnt should provide a business organizational description briefly detailing history, purpose, resources and current activities. In addition, the consultant should briefly describe similar comprehensive management studies previously completed by the consulting firm as well as current related projects. In this regard, it is particularly important to include descriptions of studies and projects undertaken ( for cities with a population of between 100,000 and 300,000. B. Proposed Project Organization General - The consultant should concisely detail the total' organizational structure he plans to use to support the completion of the comprehensive management study.' The consultant should include an organizational diagram and description which will briefly explain any interface between its home office and local operation. 2. On -Site - The consultant should comprehensively describe planned on-site.organization detailing personnel, area of responsibility and consultant decision -making structure. C. Consultant Endorsement The consultant should include any and all endorsements from agencies, organizations, and/or Individuals that will positively reflect on the firm's ability to effectively complete the proposed comprehensive management study. D. Consultant Management Methodology The consultant should briefly describe the methodology that it currently utilizes to attain management decisions. Examples would be: benefit -cost, management by objective, management by objective/result, management by exception, etc. C1 E. Project Experience of Proposed Staff This section should briefly detail previous similar project experience which specifically supports project team position assignment. The City has determined that a familiarity with Texas Municipal Court procedures and State statutes governing municipal courts will be necessary for the successful completion of this project. F. Operation/Implementation Plan 1. Plan of Work The consultant should provide a narrative detailing its plan to achieve the results that it mentions in the other sections of its proposal.. Mention should be made of time percentages devoted by various staff members to the project. This should be supported by a personnel utilization section. The narrative should also include a chart which should visually depict the plan of work. 2. Personnel Utilization - The consultant should develope an, allocation chart indicating the following information: a. Proposed project staff b. Areas of responsibility C. Percentage of time devoted to project d. Percentage of time on site C e. Number of person/hours devoted to project 3, Supplemental Information - Consultant is encouraged to include any supplemental information which is' felt to be unique or which enhances the ability of the consultant'to•successfully complete the project. 4. Proposed Project Management Information System - The consultant should describe its proposed management information system which will provide the City of Lubbock with progress reports- from•the consultant: G. Budget and Preliminary Benefit -Cost Narratives The consultant should furnish a proposed budget which includes all necessary travel per diem, materials, supplies, printing, and personnel pay with fringe benefits, equipment, and other items as required to conduct the analysis. The budget should also include provisions for providing the City with fifty printed copies of the analysis and recommendations. H. Requested Support Resources The consultant should detail those resources, other than personnel, ( that it will request from the City in order to successfully complete the study. All consulting firms are encouraged to visit the City -prior to submission of a proposal. CRITERIA FOR SELECTION - The Lubbock Municipal Court, under the direction of the City Manager and the Director of Finance, will establish a proposal review committee to evaluate each submission in order to determine which one best meets the criteria noted earlier. Consultants may be asked to make an oral presenta- tion of their proposals in order to assist the City in its selection. The consultant that is selected will meet with.a project monitoring committee, which will have the authority to reject or retain any or all consulting personnel assigned to the project by the firm. The committee will also monitor the progress toward study objectives as outlined in the contract and•will identify for the consultant any changes which it feels should be made. Deadline for receipt of proposals by the City of Lubbock is Friday, . November 12, at 4:00 p.m. Selection date will fall approximately three weeks after the closing date for submitting proposals, with the project starting date falling thirty (30) days after the award of the contract. Final report submission date will be within one -hundred and twenty (120) �_ days of the beginning date. i This study is subject to the approval of the Texas Office of Traffic Safety. .If .funds are not available, there will be no study.. Proposals should be mailed to: City Manager P. 0. Box 2000 Lubbock, Texas 79457 Envelopes.should be marked on the front outside: "Study Proposal'' METHOD OF EVALUATING FIRMS Firms submitting proposals will be evaluated by the review committee based primarily, but not exclusively, on three criteria: 1. Personnel qualifications 2. Methodology - Firm's technical capability and approach to meeting the needs and requirements listed in the Request for Proposals 3. Experience - Firm's experience in this type of study and other types of management and organizational studies and projects r Cost will also be considered, but will not necessarily be a determining `` factor in selection.