HomeMy WebLinkAbout25I - AGMT - GIS SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2012
TITLE:
AGREEMENT FOR GIS
PROGRAMMING AND CONSULTING
SERVICES
-? ?\ ?N '- . ""--L' " ?N' - 4-
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Redlands
Software Inc. to provide GIS programming and technical services to the Public Works Agency for
an amount not-to-exceed $120,000 in Fiscal Years 2012-2013 and 2013-2014, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency operates the Geographic Information System (GIS), a vital citywide
application that provides data analysis, maps, and aerial photography to all agencies of the City.
This system is also used by users outside the city; at this time by Council candidates.
In addition to providing printed maps and spatial analytic services, the GIS Section is working on an
updated web viewer application which is used by many City employees on a daily basis to find
parcel ownership, tax data information and to locate scanned engineering drawings in the Public
Works Agency Electronic Document Management System (EDMS). A separate GIS web
application is also under development that will allow the public to view citywide geographic layers
such as Council Wards or Zoning.
Programming and technical services are needed to assist with the implementation of these projects.
The work to be done includes assisting Agency staff with project design and set-up, programming
and technical database support. Several years ago the City solicited proposals for these services.
At that time, only one firm submitted a proposal. The contract was awarded to Redlands
Software Inc. This contractor has the required expertise and has provided valuable support to
the operation.
Ongoing programming support is expected for assistance with the migration of the existing
Intergraph data to the new ESRI data format, custom application development for ArcGIS Server,
integration of the SAGIS/SAPIN systems, continuation of the EDMS and support to other agency
programs.
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Agreement for GIS Programming and Consulting Services
September 4, 2012
Page 2
Staff is recommending approval of a new agreement with Redlands Software Inc. for these
programming services.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The proposed agreement will have a limit of $120,000 for each year. Funds to pay for services
required in Fiscal Year 12-13 are available and budgeted in the Public Works Administration
account for contract services (accounting unit 10117601-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/tlc
Exhibit: 1: Agreement
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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 4`h day of September, 2012 by and between
Redlands Software Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of the State
of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
Geographic Information System programming and technical services.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by it under this Agreement will be
performed in compliance with such standards as may reasonably be expected from a professional
consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide Geographic Information System (GIS) programming and technical
services, as set forth in Exhibit A to this Agreement. Consultant shall work at the direction of GIS
Administrator and/or Administrative Services Manager of City of Santa Ana Public Works Agency.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City any work product which results from the services provided. Said
work product shall be submitted in hard copy and produced in a form compatible with City's computer
system, as agreed between the Project Manager and Consultant.
In regard to all copyrightable material produced as a deliverable under this Agreement, including
but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and
computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors,
and volunteer workers, that (a) other such material may not be copyrighted without prior review from the
City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its
officers, agents and employees acting within the scope of their official duties, as a condition of payment
to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental
purposes to disclose, publish, translate, reproduce, and use such materials.
3. COMPENSATION
1. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and
charges identified in Exhibit B. Consultant shall not provide services in excess of $10,000 per
month. The total sum to be expended under this Agreement shall not exceed $120,000.00,
annually, during the term of this Agreement.
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b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may reasonal: ly be
expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on October 31,
2014, unless terminated earlier in accordance with Section 13, below.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
2. Commercial General Liability Insurance. Consultant shall maintain commercial general liability
insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from
any act or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers
and representatives as additional insured(s); (b) be primary and not contributory with respect to
insurance or self-insurance programs maintained by the City; and (c) contain standard separation
of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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e. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
4. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails
or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not effect Consultant's right to be paid for its time and
materials expended prior to notification of termination. Consultant waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting
on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason
of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be
selected by the City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
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operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and
Executive Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5654
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Redlands Software Inc.
2656 Redlands Drive
Costa Mesa, CA 92627
Attn: Richard McFarland
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
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as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject
to the following conditions:
5. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City
all work product completed as of such date, and in such case such work product shall be the property
of the City unless prohibited by law, and Consultant consents to the City's use thereof for such
purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
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and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of her inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
6. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and
right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event
that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: -_
Laura Sheedy
Assistant City Attorney
REDLANDS SOFTWARE, INC.
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director
Public Works Agency
RICHARD MCFARLAND
President
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EXHIBIT A
SCOPE OF SERVICES
The consultant shall perform consulting, design, analysis and programming services of GIS
data in an ESRI / Intergraph / Windows OS environment. The Consultant's services shall include, but
not be limited to, the following:
1. Consultant shall provide ongoing programming support to assist City staff with the migration of
the existing Intergraph data to the ESRI data format, custom application development for ArcGIS
Server, integration of the SAGIS/SAPIN systems, continuation of the EDMS and support of
additional programs as requested by City.
2. Consultant will provide the programming and technical services necessary to assist the Public
Works Agency with implementing a web-based viewer GIS application to allow City employees
to find parcel ownership and tax data information. The viewer applications will be based on the
Digital Map Products CityGIS platform and/or the ArcGIS Server platform.
3. Consultant will provide ongoing programming support for the custom developed EDMS index
application and its integration with the aforementioned web-based GIS application to facilitate the
spatial location of scanned engineering drawings in the Public Works Agency Electronic
Document Management System (EDMS).
4. Additionally, Consultant will assist City staff in the implementation of a public facing GIS web
application which will provide access to citywide geographic layers such as Council Wards or
Zoning.
5. Consultant's assistance services may also include project design and set-up, programming and
technical database support for various agency applications.
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EXHIBIT B
CONSULTANT
GIS Consultant
Principal GIS Analyst
GIS Analyst
GIS Technician
Clerical
Direct Charges
Indirect Charges or Overhead
Materials or Supplies
Other
Consultant typically charges its
GIS Analyst in two categories:
GIS Analyst 2
GIS Analyst I
FEESCHEDULE
HOURLY RATE
$100.00
$100.00
$85.00
$45.00
$35.00
At cost or N/A
N/A
At cost or N/A
At cost or N/A
,$85.00
$65.00
The GIS Analyst I will be utilized when the work does not require a GIS Analyst 2.
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