Loading...
HomeMy WebLinkAboutGRAFFITI TRACKER 1B-2007 fNSURANCE NOT REQUIRED WORK MAY PROCEED uOCLER'80~&tWNCIL OATE~'f IV b.. rw A (2:) O~he\\ t'J\errncto A-2007 -243 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on November 5, 2007, by and between Graffiti Tracker, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2007 -037, dated February 5, 2007, (hereinafter "said Agreement") by which Consultant has provided graffiti analysis and tracking services. B. The number of graffiti photos sent to and analyzed by Consultant is greater than that originally estimated by the parties. C. In order to continue to provide graffiti analysis for the increased number of photos, and in accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the Term and increase Compensation pursuant to said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, "Contractor's Services", shall be amended to state that Contractor shall provide examination, data entry and cataloging services of graffiti photos, and unlimited site licenses to the GAITS system, as set forth in Exhibit A-1, attached to this First Amendment to Agreement. 2. Section 4, "Term of Agreement", shall be deleted in its entirety and replaced with the following: " This Agreement shall be effective February 5, 2007 and terminate June 30, 2009, unless earlier terminated pursuant to Section 13. The term may be extended only upon mutual agreement of both parties." 3. Section 5. "Compensation", shall be deleted in its entirety and replaced with the following: "a. City agrees to compensate Contractor for its services according to the fee and payment schedule set forth in Exhibit S, attached to said Agreement. b. Commencing November 1,2007, City agrees to compensate Contractor for its services according to the fee and payment schedule set forth in Exhibit B-1, attached to this First Amendment to Agreement, and incorporated herein as though set forth in full. c. The total compensation and costs payable to Contractor under this Agreement shall not exceed the sum of $233,000.00 unless specifically approved by the City Council. Said fee is based on the number of photos analyzed weekly." 4. Section 6, "Ownership of Work Product", first paragraph shall be amended to read as follows: "All data aenerated. and any reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City." 5. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement as of the date first written above. ATTEST: CITY OF SANTA ANA ~~ Bl(: ~ David N. Re City Manager APPROVED AS TO FORM: Timothy M. Kephart President 2 EXHIBIT A-1 SCOPE OF SERVICES (November 1, 2007 through June 30, 2009) Graffiti Tracker Incorporated aims to establish the entire graffiti tracking methodology in order to assist city and law enforcement officials reduce graffiti vandalism in the City of Santa Ana. The contract constitutes a lease for access to the Graffiti Tracker system. Permission from the Contract Administrator will be required for anyone to have access to this system. Upon permission being granted for access to the system, a username and password will be given to those individuals, and they will be granted an "Operator" level access to the GAITS system. This lease will be in effect for the duration of the contract. In addition, Graffiti Tracker Inc will continue to provide the following services, as set forth in the original Scope of Services, attached as Exhibit A to said Agreement: a. Train designated personnel to use digital, GPS camera(s) b. Establish graffiti tracking protocols, including a standardized method to determine square footage depicted in a photo. c. Provide limited customization of photo labeling, including reporting information such as whether it is a "Hot Line call", public/private property, square footage of graffiti, removal methods, and other memo fields as agreed between Consultant and City. d. Train personnel on proper photo uploading procedures. e. Analyze all graffiti data and make graffiti intelligence available via the Graffiti Tracker system. f. Provide access to the web based Graffiti Tracker program twenty-four hours a day, seven days a week until contract ends. g. Provide training to all designated personnel on how to utilize the Graffiti Tracker system. h. Submit a monthly report to the Contract Administrator setting forth the number of photos received from Santa Ana, those analyzed and duplicates deleted. The City of Santa Ana will receive all the above-mentioned services for 20 months during the amendment period, from November 1, 2007 to June 30, 2009. The Graffiti Tracker system is a web-based program. There is no software necessary to install. As a result, there are no restrictions to the number of users that may access the system. The above-mentioned package includes continual upgrades at no additional cost. 3 EXHIBIT B-1 Price Estimate We estimate the City of Santa Ana to average in a range between 2,000 to 3,500 photos of graffiti per week. The new pricing proposal is $96,000 per year. The new pricing set forth in this Amendment will commence November 2007 and continue until June 2009. The total amount to be expended pursuant to said Agreement will be $233,000. This includes an additional $4,000 per month from November 1, 2007 through January 31, 2008, $40,000 from February 1, 2008 to June 30, 2008 and $96,000 from July 1, 2008 through June 30, 2009. Billing Billing will be broken up into 4 payments. The first payment will be due November 2007 in the amount of $32.000. The second payment will be due four months later (March 2008) in the amount of $32,000. The third payment will be due four months later (July 2008) in the amount of $48,000. The final payment will be due six months later (January 2009) in the amount of $48,000. Each payment shall be made within 30 day of due date. Contractor and City shall reevaluate the performance of this contract each June. That evaluation will include a calculation of the number of photos analyzed on a monthly basis during the prior year. Based on that evaluation, the parties may agree to adjust the contract price, however, Contractor will continue to set City's obligation at Contractor's next lower price level. 4