HomeMy WebLinkAbout25A - SOFTWARE-GRAFFITIREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 6, 2009
TITLE:
AGREEMENT EXTENSION
GRAFFITI TRACKER INC.
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve an agreement extension for one year with Graffiti Tracker Inc.
to provide software and graffiti analysis in an amount not to exceed
$120,000 for FY 2009/2010.
DISCUSSION
On February 5, 2007, City Council awarded a contract to Graffiti Tracker
Inc. for examination, data entry and cataloging of the information from
photographs of the graffiti taken by the abatement crew into a
relational database accessible by the Graffiti Task Force. The Graffiti
Task Force's efficiency has been significantly increased due to the
Graffiti Tracker program. The amount of time it takes to remove
graffiti and extract data from the system to assist in the criminal and
investigative process has been reduced.
Graffiti Tracker Inc. has successfully provided the services specified
in the agreement and staff recommends approval of the one-year renewal.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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Agreement Extension Graffiti Tracker Inc.
July 6, 2009
Page 2
FISCAL IMPACT
Funds for this amendment in the amount of $120,000 for the period
July 1, 2009 through June 30, 2010 are available in the Sanitation Fund
(account no. 68-634-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
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James G. oss
Executive Director
Public Works Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 6,
2009, 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. Said Agreement was amended by the parties on September 6, 2007, to
provide additional compensation as the number of graffiti photos analyzed by
Consultant was greater than originally estimated by the parties.
C. Said Agreement was again amended on November 11, 2007 to provide
unlimited site licenses for City access to the GAITS system, extend the term
and provide compensation during the extended term.
D. In order to continue to provide graffiti analysis and access to the GAITS
system, 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 Third Amendment to Consultant Agreement, the parties agree
as follows:
Section 1, "Contractor's Services", shall be deleted in its entirety and replaced
with the following:
a. "Scope and Level of Services. The nature, scope, and level of the specific
services to be performed by Contractor are as set forth in Exhibit A-2,
attached to this Third Amendment to Agreement, and incorporated herein
as though set forth in full. Agency is retaining Contractor pursuant to this
Agreement on anon-exclusive basis and reserves the right to retain other
professionals to perform similar service if Agency determines such
services are needed.
b. Time of Performance. The services shall be performed in a timely manner
and on a regular -basis in accordance with the written instruction of the
Contract Administrator. Time is of the essence in the performance of this
Agreement."
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2. Section 4, "Term of Agreement", shall be deleted in its entirety and replaced
with the following:
"This Agreement shall commence February 5, 2007 and terminate June 30,
2010, unless earlier terminated pursuant to Section 13. The term may be
extended upon mutual agreement of both parties."
3. Section 5, "Compensation", shall be deleted in its entirety and replaced with
the following:
"a. Commencing July 1, 2009, City agrees to compensate Contractor for
its services according to the fee and payment schedule set forth in Exhibit
B-2, attached hereto and incorporated by reference.
b. The total compensation and costs payable to Contractor under this
Agreement shall not exceed the sum of $120,000.00 during the 2009-2010
fiscal year, unless specifically approved by the City Council. Said fee is
based on the number of photos analyzed weekly."
4. 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 Third Amendment to
Agreement as of the date first written above.
ATTEST:
By:
Patricia E. Healy
City Clerk
CITY OF SANTA ANA
By:
David N. Ream
City Manager
APPROVED AS TO FORM:
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Joseph letche
City Attorney
GRAFFITI TRACKER, INC.
By:
Timothy M. Kephart
President
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EXHIBIT A-1
SCOPE OF SERVICES
(July 1, 2009 through June 30, 2010)
Graffiti Tracker Incorporated will establish a graffiti tracking methodology to assist the
City and law enforcement officials to reduce graffiti vandalism in the City of Santa Ana.
Contractor grants to City, a site license 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 12 months
during the amendment period, from July 1, 2009 through June 30, 2010.
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.
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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.
Based on an average of 14,000 photos per month, the total contract amount for the
twelve-month time period commencing July 1, 2009 and ending June 30, 2010 will be
$96,000.00.
Effective upon the signing of this contract, an invoice for $48,000.00 will be submitted by
the Contractor to the Contract Administrator. The second invoice will be submitted in
January 2010. Payment should be processed and received no later than 30 calendar
days from the date invoice is submitted.
Commencing July 1, 2009, if the average number of photos submitted by City exceeds
14,000 per month, for three consecutive months, the Contractor may retroactively
invoice City, an additional $2,000 per month for those months in which the total exceeds
14,000 photos. In such case, the maximum monthly charge to the City will not exceed
$10,000.
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.
Contractor will not be required to work on the following ten holidays
1. January 1 (New Year's Day)
2. The third Monday in January (Dr. Martin Luther King Jr. Day)
3. The third Monday in February (President's Day)
4. March 31st (Cesar Chavez Day)
5. The last Monday in May (Memorial Day)
6. July 4 (Independence Day)
7. The first Monday in September (Labor Day)
8. November 11 (Veteran's Day)
9. The fourth Thursday in November (Thanksgiving Day)
10. December 25 (Christmas Day)
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