HomeMy WebLinkAbout25H - AGMT - DIGITAL MAP SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 4, 2017
TITLE:
AGREEMENT WITH DIGITAL MAP
PRODUCTS FOR GEOGRAPHIC
INFORMATION SYSTEM DATA SERVICES
(STRATEGIC PLAN NO. 6, 1G)
/ITY11 NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
_..T6 _0,
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2"d 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 Digital Map
Products to provide and maintain landbase data, digital orthophotography, and access to a cloud -
based map- viewing application, for the three -year term beginning April 16, 2017, and ending April
15, 2020, with the option to extend for an additional two -year term exercisable by the City
Manager and the City Attorney, in an amount not to exceed $100,000 in the first year and
$85,000 per year subsequent years of the agreement, for a total amount not to exceed $440,000,
including the optional extension, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The Public Works Agency uses a Geographical Information System (GIS), a computerized
database management system for storage, management, analysis, and display of geographic
data. Effective GIS systems require landbase data such as right -of -way, street centerlines, street
names, and parcel ownership data must be on the system and must be continuously updated.
The City also licenses digital orthophotography (an aerial photograph of the city), which is a
computerized image of the city used for viewing and producing various maps. These digital
images, along with many layers of data and maps, are available on the City's intranet and are
valuable for population analysis, assisting with permit processing, engineering project design,
emergency response planning, and historical references.
A Digital Terrain Model (DTM) is a computerized reference file that provides precise elevation
information for all areas of the City. This file can be used in storm drain analysis and is also useful
in water modeling applications. This agreement will allow the City to receive an updated DTM
during the first year for an additional cost.
The City currently has access to a cloud -based GIS map viewer application, which allows the City
to provide spatially related information to all city employees and the public such as zoning, land
25H -1
Agreement with Digital Map Products for GIS Data Services
April 4, 2017
Page 2
use, and trash pickup for parcels located within the city. Using the cloud -based application also
allows the City to save money by reducing the need to acquire and maintain internal hardware.
The City has maintained an agreement for GIS data and services with Digital Map Products since
1997 (Exhibit 1). Because of this long history, the Public Works Agency determined that issuing
an RFP and allowing new vendors to submit proposals would ensure that the City was receiving
the best quality and value for the GIS data and services.
On January 4, 2017, a Request for Proposals (RFP) was posted on the City's website seeking
qualified firms to provide these GIS data and services (Exhibit 2). In order to maximize the
potential responses, the RFP was split into three separate proposal options:
• Option 1 - Provide the City with access to a cloud -based GIS map viewer.
• Option 2 - Provide the City with access to high - resolution digital
Orthophotography and DTM.
• Option 3 - Provide the City with updated landbase and tax roll information.
Eight firms submitted proposals, which were evaluated by PWA and PBA staff. The ranking
criteria included the firm's experience and capabilities, project teams, and approaches to fulfilling
the requirements of the RFP in relation to the proposal option(s) the firm selected.
The proposal review committee evaluated and ranked the proposals.
Proposers
1st 2nd 3rd
Based on the results of the RFP process, the proposal review committee is recommending
entering into an agreement with Digital Map Products to provide geographic information system
services and data (Exhibit 3).
25H -2
Digital Map
Option 1
Products
Timmons
Nobel
94.7
69
66
Digital Map
Option 2
Products
Tetra Tech
Timmons
94.3
85
77.3
Digital Map
Option 3
Products
Timmons
Quantum
94.7
84.3
81.3
Based on the results of the RFP process, the proposal review committee is recommending
entering into an agreement with Digital Map Products to provide geographic information system
services and data (Exhibit 3).
25H -2
Agreement with Digital Map Products for GIS Data Services
April 4, 2017
Page 3
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The annual cost for the first year of the agreement is $100,000. Funds in the amount of $100,000
have been budgeted and are available for expenditure in FY 2016/17 in the Public Works Admin
Services fund, in the Contract Services- Professional account (No. 10117601 - 62300). Funds in
the amount of $85,000 annually will be allocated in the budgets for the remaining agreement term
(FY 2017/18 and FY 2018/19) and for the optional two -year extension (FY 2019/20 and FY
2020/21) as needed, in the same account.
Public Works Admin Services $100,000
(No. 10117601- 62300)
i
Prd Mousavipour
Executive Director
Public Works Agency
4
Ja e Ciulla
ClMef Technology Innovations Officer
Information Technology Department
FM /MLM /tb
$85,000 $85,000 $85,000 $85,000
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Agreement with Digital Map Products (A- 2012 -078)
2. Request for Proposals for Geographic Information Systems Services & Data
3. Consultant Agreement with Digital Map Products
25H -3
25H -4
...new1 .1. 1 1.N-
WOR K MAY PROCEED
UNTIL INSURANCE EXPIRES
7 -P-6 -/2
CLERK OF COUNCIL
DATE.
�A� 1 11 DIGITAL MAP
18831 Von Karman Avenue
Suite 200
Irvine, CA 92614
Address & Contact Information
Customer: City of Santa Ana
Contact Name: Ted Cable
Billing email: TCable @santa- ana.org
Billing Phone:
Terms and Conditions
A- 2012 -078
Agreement No. 04012012001
Proposed by: 9irn Skurzynski
Silt To:
20 Civic Center Plaza
Santa Ana, CA 92701
Effective Date: Apol 16, 2012 Payment Method: Check
Contract End bate: Apol 15, 2017 Payment Terms: Net 30
Billing Method: email
Billing Frequency:'Annuaf
Provided Content
Produ Term Total One -Time Fees Total Annual Fees
GtyGIST" Configuration Line Items
• All CityGIST" Configuration Une Items per the terms of Attachment A
• GtyGIS'" + Developer API
• CommunityViewT" + Developer API
ArcGIS Server Integration to CityGIST" (In development)
Total CityGIV Configuration Une Items 5 YR $ 30,000.00
GIS Data Configuration Une Items
• All GIS Data Configurationtine Items per the terms of Attachment B
• Parcel Database (annual updates)
o Orange County geographic coverage or as specified by Customer
o DGN and SHP file delivery onsite
• Property /Owner Attributes with onsite delivery (quarterly updates)
o City of Santa Ana geographic coverage + 500'
• 3" Ortho Imagery with onsite delivery
0 3 updates, one each to be delivered In Year -1, Year -3 and Year -S
o Geographic constraint to match current deliverable
o Onsite delivery In either .t1f, .jpg, .ecw or Mr. SID
0 DiM and DEM available but not included in this order
o Grid not produced in this capture process
0 Contours not included in this order
Total GIS Data Configuration S YR
GIS Services Une Items
• Scope of GIS Services Une Items outlined in Attachment C
• CityGIST" Onsite Staff Training Sessions
• Fsd Transition Services
• Aerial Imagery Wall Murals (S @ 40'x 40" + B @ 66 "x66'1
o Wall murals to be delivered in Year -3
Total GIS Services Une Items 5 YR
Summa
Total Year 1 Fees
Total Year 2 Fees
Total Year 3 Fees
Total Year 4 Fees
Total Year 5 Fees
Ex2i5kil -5
$ 33,000.00
$ 7,500.00
$ 70,500.00
$ 70,500.00
$ 70,500.00
$ 70,500.00
$ 70,50(A0
Agreement No. 04012012001
The parties agree to the terms contained herein including all exhibits and attachments. This Agreement may be executed in
counterparts with the same force and effect as If executed in one complete document,
ATTEST: GTTY A ANA
Maria D. Huia!r Paul M. Waxers
(Jerk of The Council Interim City Manager
APPROVED AS TO FORM: DIGITAL MAP PRODUCTS
Sonia Carvalho James Skurr/nsfo
City Attorney tiva -6 r
Tax ID No.
RECOMMENDED FOR APPROVAL:
' Raul Godinez YI o
Executive Director
Public Works Agency
2g_ bHM63
Agreement No. 04012012001
Attachment A
GIS License Terms
J.r LICENSE, SUBSCRIPTION, AND PAYMENT
1.1 Subscription License, Subject to the terms of this Agreement, DMP grants to Customer a limited, non - exclusive, non-
transferable, and non - assignable license to access and use the City(337" Configuration Une Items, hereinafter referred to
as Provided Content. Customer's access and use of the Provided Content shall be solely for Its normal Intemal business
activities by its employees and consistent with Customer's representations to DMP. Customer agrees not to sell, pledge,
assign, sub - license or otherwise transfer to any third party the Provided Content: The Provided Content shall be viewed
solely through authorized access of the Web site.
1.2 Data Sublicense. Subject to the terms of this Agreement and Attachment A, Ucensee hereby accepts, a non-exclusive,
non- transferable, and non-assignable right and sublicense to use the GIS Data Configuration Une Items In the Provided
Content solely for the Purpose described, herein, from the Effective Date hereof until this Agreement is terminated or
expires in accordance with Its terms.
13 Payment for the License and Subscription. In exchange for the license or services granted, the Customer agrees to
pay all the fees listed on the Order Form. All invoices are due upon receipt and are payable in accordance with the
payment schedule. Any invoice not paid within thirty (30) days of Its scheduled payment date shall be considered past
due.
1.4 Non - Payment or Failure to Pay. If Customer's access and use is terminated or suspended due to non- payment or
non - compliance, Customer shall nonetheless still be responsible for any fees as set forth in this Agreement. If DMP does
not receive from Customer payment for the invoiced amount within thirty (30) days of Its due date, DMP may suspend
Customer's access and use of the Provided Content, until Customer brings its account current.
2. DURATION OF AGREEMENT &TERMINATION
2.1 Term of Agreement This Agreement will continue for the period defined in the Order Form as the Initial Term. Upon
termination of this Agreement, all licenses granted by DMP under this Agreement are immediately revoked.
2.2 Termination by Customer. DMP shall have the right to make a material modification to any of the content of, or
discontinue any of the content of the Provided Content at any time with ninety (90) days prior written notice to Customer.
Upon receipt of such notice from DMP, Customer may terminate this Agreement as of the effective date of the change by
providing written notice to DMP at least.thirty (30) days prior to the effective date of the change.
3. WARRANTY & LIMITATION OF LIABILITY
3.1 Limited Warranty. Each party represents and warrants that It has full power and authority to enter Into this
Agreement. Each party will Indemnify and defend the other and its officers, directors, employees, and agents from third
party claims arising out of or related to a breach of such party's representation or warranty in this Agreement.
3.2 Disclaimed Warranties. Except for any express warranties, DMP and each contributor to the Provided Content
disclaims all warranties, including but not limited to any warranty of design, merchantability, fitness for a particular
purpose, and against infringement DMP and each contributors make no representation or warranties that the Provided
Content is accurate and free of errors and/or omissions. As such the Provided Content is not suitable for use in
emergencies. Customer accepts the Provided Content on an "as is ", "as available" basis.
3.3 Limitation of Liability, DMP shall not be liable for any loss, injury, daim, or damage of any kind resulting In any way
from Customer's use of the Provided Content (regardless of any assistance from DMP in using the content) or from any
delay or failure In performance beyond the reasonable control of DMP. The aggregate and maximum liability of DMP in
connection with any claim arising out of or relating to this Agreement shall be limited to a refund of 12 months of fees
and taxes paid by Customer to DMP. DMP shall not be liable for any special, Indirect, inddentai, or consequential
damages of any kind whatsoever (including attorneys' fees) arising In connection with Customer's use of the Web site,
Provided Content, or the failure of DMP to perform its obligations, regardless of any negligence alleged.
. s
Agreement No. 04012012001
4. RULES AND OBLIGATIONS
4.1 Ownership. Customer acknowledges that the Web site and Provided Content are the intellectual property (patent,
trademark, trade dress, copyright, trade secret) of DMP and agrees not to Infringe DMP's intellectual property rights.
4.2 Copyright. Customer understands that DMP licenses copyrighted content and also understands that access and use of
this copyrighted content is restricted by this agreement, DMP's copyrights and by the licenses granted to DMP by third
parties.
43 Rights Reserved by DMP. Except for the license rights granted in this Agreement, DMP retains all rights in the
Provided Content,
4.4 Preservation of Notices. Customer agrees to Include, and will not remove or obscure, any copyright, trademark,
patent, or other notices appearing on the Web site and Provided Content including any visual or hardcopy depictions of
the same (I.e. Visual Output(s) or Print Output(s)).
4.5 Trade Secrets and Confidential Information. Customer also understands that the Web site and Provided Content
are based on and include proprietary trade secrets and confidential information of DMP. Customer will not modify, adapt,
translate, reverse engineer, decompile, or disassemble any portion of the Web site or Provided Content. To the extent
allowed by law, Customer will treat the Web site and Provided Content with at least the same degree of care (and no less
than a reasonable degree of care) as that which it treats its own trade secrets and confidential Information.
4.6 Consent to Use of Data. Customer agrees that DMP may collect and use technical information gathered as part of the
product support services provided to the Customer under this Agreement. DMP may use this information solely to
improve DMP's products or to provide customized services or technologies.
43 Works By DMP. Customer agrees that any works commissioned or undertaken by DMP pursuant to this Agreement shall
be and remain the property of DMP,
4.8 New Use. Customer agrees that any use of any content contained on the Web site not authorized by this Agreement Is
strictly prohibited. Any improvements or future methods or means of accessing or using the Provided Content are
expressly reserved to DMP. Customer further agrees that only Individuals employed and authorized by the subscribing
organization may access and use the Web site.
4.9 Injunctive Relief. Customer acknowledges that its use of the Provided Content for a use not specifically provided for in
this Agreement. DMP will not have an adequate remedy In money or damages. As such, should Customer misuse the
Provided Content, DMP and its Contributors shall have the right to seek Injunctive relief against Customer to cease the
misuse of the Provided Content.
S. ADDITIONAL PROVISIONS
5.1 Non - Assignability. Neither party may assign or transfer this Agreement without the prior written consent of the other
party, Any unauthodzed_assignment or transfer will be null and void, and enables termination. This Agreement is binding
upon any authorized successor or assignee.
512 Entire Understanding. This Agreement is the parties' entire agreement relating to Its subject, and supersedes any
prior or contemporaneous agreement on that subject. Any amendment must be In writing and expressly state that it is
amending this Agreement.
5.3 Governing Law & Arbitration. This Agreement is governed by California law, excluding California's choice of law rules.
All disputes relating to this Agreement will be subject to binding arbitration pursuant to the rules of the American
Arbitration Association or the Judicial Arbitration And Mediations Services, Inc. The exclusive place of the arbitration shall
be in Orange County, California. Judgment on the arbitration award may be entered in any court having jurisdiction
thereof. For the purpose of entry of judgment on such an award, the partes consent to personal jurisdiction in the courts
of Orange County, California.
Agreement No. 04012012001
Attachment BB
GIS Data Configuration
Sublicense Terms
2012 DIGITAL MAP PRODUCTS
This document and any portion thereof may not be reproduced
without the prior written consent of
DIGITAL MAP PRODUCTS
This Sublicense Agreement (Agreement) is made and entered into as of April 1, 2012 (the Effective Date) by and between Digital
Map Products, Inc. (DMP') and City of Santa Ana (Licensee). Unless otherwise defined herein, all capitalized terms in this
document have the respective meanings assigned to them in Section 1.
RECITALS
A. DMP is an authorized Sublicensor of certain Contributed Databases which are owned by third parties
B. Licensee desires to acquire from DMP and DMP desires to grant to Licensee a non - exclusive right and
sublicense to use the Licensed Products containing all or portions of the contributed databases solely for the Purpose hereinafter
defined.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements set forth herein, the parties of
this Agreement hereby agree as follows:
1. DEFINITIONS
1.1 "Contributed Database /Contributor Database" shall mean those certain Databases licensed by those certain
Contributors to DMP with the right to grant sublicenses as set forth herein. The Licensed Products and Contributors relevant to this
Agreement are identified In Exhibit A attached hereto and Incorporated by reference herein.
1.2 "Contributor" shall mean a third party licensor of Contributed Databases to DMP.
1.3 "Database" shall mean a compilation of geographic, cartographic, engineering, architectural, tabular, text
and /or other data, Information or works, including, but not limited to, graphic and /or file data in automated or manual form.
1.4 "Derivative Databases" or "Products" shall mean all works created by Licensee which incorporate all or part of
the Contributed Database, including, but not limited to, a revision, modification, translation, abridgment, condensation, expansion,
collection, compilation or any other form of, or modification to the Contributed Database.
1.5 "Documentation" shall mean all manuals, user documentation, and other related materials pertaining to the
Licensed Products which are furnished In order to ensure proper and /or ease of use of the databases by licensee.
1.6 "Licensed Products" shall mean those portions of the Contributed Databases set forth In Exhibit A of this
Agreement.
1.8 "Peripheral Databases" shall mean any work created by Licensee that does not incorporate, or use as a base,
any portion of the Contributed Database or Derivative Product.
1.9 "Purpose" shall mean the use of Licensed Products for Ucensee's normal business acidities by its employees,
agents and contractors, subject to the terms and conditions herein or as hereinafter modified In accordance with Section 2.
Specifically excluded from the Purpose, but not limited to, Is the public display or depiction of licensed Products using the Internet
unless explicitly authorized by DMP.
1.10 Visual Output shall mean all printouts, plots, displays, photographic film, printed matter and other visual
representation of data.
Pe bfZ9
Agreement No. 04012012001
2. EXPANDED DEFINITION OF PURPOSE
If in the future, during the tern of this Agreement, or any subsequent extensions, Licensee requires an expanded defirldon of the
Purpose to meet Its normal commercial business objectives, DMP shall not unreasonably withhold such an expanded definition so
long as such expanded definition does not cause Licensee to In any way compete with DMP or Contributors.
3. GRANT OF RIGHTS
DMP hereby grants, and Licensee hereby accepts, subject to the terms and conditions of this Agreement, a non - exclusive, non-
transferable, and non - assignabie right and sublicense to use the Licensed Products solely for the Purpose, from the Effective Date
hereof until this Agreement is terminated or expires in accordance with Its terms. Licensee may produce Visual Output from the
Licensed Products and /or from Derivative Products for its normal business use. Licensee may also externally distribute to Licensee's
contractors, consultants and agents that Licensee engages for the Purpose as Visual Output as long as the licensee's contractors,
consultants and agents do not compete with or replace current products and /or services of DMP or any of its affiliates or
Contributors. Licensee shall not be precluded from charging fees for the distribution of such Visual Output provided that such fees
are for the sole purpose of recouping costs consistent with Licensee's normal business practices. Without limiting the foregoing,
Licensee understands and agrees that it shall In no event use any aspect of the Licensed Products to produce maps of any kind, or
map-related or other information for any use or purpose other than the Purpose.
Licensee may create Derivative Products to the extent that such Derivative Products contribute to the Purpose. Licensee shall be
entitled to possess and use such Derivative Products, royalty -free, in perpetuity, under the terms of this Agreement, solely for the
Purpose provided that use of such does not include any manner of attempt to reverse - engineer any aspect of Licensed Products.
Licensee may provide copies of Derivative Products to DMP, but Licensee is not obligated to provide such copies at any time.
Licensee shall have no right to assign, transfer, or sublicense any aspect of the Licensed Products, except for Derivative Products
and to the extent and on the terms, agreed. As a condition for such authorization by DMP, if granted, each such other party must
abide by the restrictions on Licensee's use in this Agreement and execute an agreement satisfactory to DMP.
Licensee's third party contractors, agents and consultants may use the Licensed Products and Derivatives Visual Output for
Licensee's Purpose provided however that said third parties do not sell, license, or otherwise distribute Licensed Products, except
for Derivative Products. Licensee shall not be precluded from charging fees for the distribution of Licensed Products Visual Output
and Derivative Products to third party contractors, agents and consultants provided that such fees are for the sole purpose of
recouping costs consistent with Licensee's normal business practices.
4. DELIVERY
4.1 Delivery Formats. DMP shall make deliveries of the Licensed Products to Licensee In both a DGN and SHP
standard format. During the term of this Agreement, should Licensee require the Licensed Products compatible with an additional
GIS platform supported by DMP, DMP shall deliver such Licensed Products in the requested format within 30 days of written request
therefor for a mutually agreed upon service charge. Licensed Products shall be delivered on mutually acceptable media compatible
with Licensee's computer system. If Licensee has special delivery and /or format requirements, a predetermined mutually agreed
upon service charge will be Included in the price of the Initial delivery and alf subsequent deliveries to which the special
requirements apply. DMP shall deliver and Install the Licensed Products within thirty (30) days of DMP's receipt of this signed
Sublicense Agreement.
4.2 Delivery Responsibilities. DMP shall be responsible for the delivery of all Licensed Products. Licensee shall be
responsible for installation of Licensed Products and maintenance updates, or new Licensed Products.
Agreement No. 04012012001
S. SUPPORT
5.1 Regular Support For the term of this Agreement DMP will provide telephone support for Licensed Products at
the prevailing DMP technical consulting rates. Such support will be provided by technical staff as resources are available.
5.2 On -Call Support, Licensee may elect for On -call customer support and be provided with priority telephone
access and an E -Mail address to communicate support issues to DMP for an annual fee. Normal hours of operation for On -Call
Support are 8:00 a.m. to 5:00 p,m PST. A technical consultant will respond to all telephone requests submitted within four business
hours and to all emergency requests within two business hours. A technical consultant will provide up to 16 hours per year of
technical consulting resources required to address any specific issues as directed by licensee, Any additional resources requested
by Licensee will be made available at the prevailing DMP technical consulting rates, Licensee will appoint one contact person for
addressing support issues to DMP.
MAINTENANCE AND MODIFICATIONS.
6.1 Maintenance Update Schedule. Licensee shall receive Database updates to the Licensed Products according to
the dates outlined on the Order Form,
6.2 Errors in the Licensed Product. licensee may identify errors in the Licensed Product to DMP, but Licensee shall
not be responsible for correcting such errors. Any errors detected by Licensee and identified to DMP in writing shall be forwarded
to Contributors. Contributors shall investigate all errors and may at their sole discretion decide to fix such errors in which case such
corrections shall be included In the next scheduled update of the Licensed Product to Licensee. DMP shall provide written feedback
to Licensee with respect to the disposition of all errors communicated to DMP in writing.
LICENSE FEES PAYMENT AND ACCEnTAUCE,
7.1 License Fees and Payments. in consideration of the license rights granted in Section 3 above, Licensee shall
pay license fees for the Licensed Products and Other Products /Services as set forth on the Order Form, plus all applicable taxes. Ali
applicable fees shall be invoiced annually at the beginning of each contract year. Licensee shall be invoiced in -full upon delivery
and Licensee will pay the invoiced amount to DMP in -full within sixty (60) days from date of Invoice.
7,2 Other Products /Services. Other Products /Services included with licensed Products and corresponding fees
have been itemized on the Order Form.
B. PROTECTION OF LICENSED PRODUCT.
8.1 Proorietary Notices. Contributors claim and reserve all ownership and rights afforded at law and in equity in all data,
compilations, and materials that constitute the licensed Products, including, but not limited to, all rights under federal copyright
law. Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality, or
other proprietary notice, mark, or legend appearing on the licensed Product or an the Visual Output, including, but not limited to,
any such notices displayed to the user during the operation of the Licensed Products and any such notices in the Documentation,
and agrees to use its best efforts to reproduce and Include the same on any copy of the Licensed Product or any portion thereof
distributed to Licensee's consultants, agents and contractors. Map printouts and plots shall bear the following notice:
Copyright 2012, All Rights Reserved
Licensee shall use the same reasonable effort to include the above notice on all Visual Output and shall at all times exert no lesser
effort than that Licensee uses to protect Licensee's own intellectual property. Licensee further agrees to use its best and
reasonable efforts to require all contractors, consultants and agents using the licensed Products, as provided in Section 3, to
Include the above notice on all Visual Output.
8.2 Ownershil . Licensee further acknowledges that the Licensed Products in any form provided by DMP and any
copies thereof, Including, without limitation, all portions of the Derivative Products that are copied from or based on the licensed
Products, are the sole property of Contributors. Except for the rights expressly granted to Licensee herein, Licensee shall not have
any right, title, or interest in or to such portions of the Derivative Products or to the Database or Documentation or any copies of
any of the foregoing except as expressly provided in this Agreement, and further shall secure and protect the Database consistent
the terms of this Agreement. DMP and Contributors make no claim of ownership or copyright In or to any original data contributed
by Licensee to the licensed Products or Derivative Products. All copyrights associated with the Licensed Product and relevant
Contributed Databases and all other rights thereto not specifically granted to the licensee in this Agreement are reserved by DMP.
Nothing contained in this Agreement shall be construed as conferring any license or right with respect to any trademark, trade
name, brand name, or the corporate name of DMP or Contributors.
ZA'7 N131
Agreement No. 04012012001
8.3 Licensee's Qynershio. DMP acknowledges that the Peripheral Products in any form, and any copies thereof,
including, without limitation, any portion thereof which may have been given to DMP, are the sole property of Licensee. DMP shall
not have any right, title, or interest In or to said Peripheral Products or the Peripheral Products data or documentation or any copies
of the foregoing except as expressly provided In this Agreement. DMP shall secure and protect Peripheral Products consistent with
the terms of this Agreement. All copyrights associated with Peripheral Products, and all other rights thereto not specifically granted
to DMP in this Agreement are reserved by Licensee. Nothing contained in this Agreement shall be construed as conferring any
license or right upon DMP or Contributors with respect to any Ucensee logo, seal, product name, or the corporate name of
Ucensee.
9. CONFIDENTIALITY AND INJUNCTIVE RELIEF.
9.1 Acknowledgment. Licensee hereby acknowledges and agrees that the Licensed Products are valuable and
proprietary, embodying substantial creative efforts, trade secrets, and confidential Information, Ideas, and expressions of
Contributors or DMP. Accordingly, Ucensee agrees to treat the Licensed Products as confidential information in accordance with the
confidentiality requirements and conditions set forth below,
9.2 Acknawledament. DMP hereby acknowledges and agrees that the Derivative Products and /or Peripheral Products are -
valuable proprietary products, embodying substantial creative efforts, trade secrets, and confidential information, ideas and
expressions of Licensee, Accordingly, DMP agrees to treat (and take precautions to ensure that Its employees treat) the Derivative
and /or Peripheral Products as confidential information of the Licensee in accordance with the confidentiality requirements set forth
below.
9.3 Iniunctive Relief. Ucensee acknowledges that the unauthorized use, transfer, assignment, sublicensing, or. disclosure.
of the Licensed Products, Documentation, Derivative Products or copies thereof will (1) substantially diminish the value to
Contributors of the trade secrets, copyrights, and other proprietary interests that are the subject of this Agreement; (ii) render
DMP's remedy at law for such unauthorized use, disclosure, or transfer Inadequate; and (iii) cause irreparable injury. If Ucensee .
breaches any of Its obligations with respect to the use or confidentiality of the Licensed Products, Documentation, or Derivative
Products, DMP shall be entitled to equitable relief to protect Its Interests therein, including, but not limited to, preliminary and
permanent injunctive relief.
9.4 I1r junctive Relief. DMP acknowledges that the unauthorized use, transfer, assignment, sublicensing, or disclosure of
the Peripheral Products and /or Derivative Products or copies thereof will Cl) substantially diminish the value to Licensee of the
Peripheral Products and /or Derivative Products; (ii)' render Licensee's remedy at law for such unauthorized use, disclosure, or
transfer Inadequate; and (iii) cause immediate irreparable injury, If DMP breaches any of Its obligations with respect to the use or
confidentiality of the Peripheral Products and /or Derivative Products, Licensee shall be entitled to equitable relief to protect Its
interests therein, including, but not limited to, preliminary and permanent injunctive relief,
9.5 Maintenance of Confidential Information. Each party agrees to keep confidential all confidential Information disclosed
to it by other party in accordance herewith, and to protect the confidentiality thereof, In the same manner in which it protects the
confidentiality of similar information and data of Its own (at all times exerdsing at least a reasonable degree of care in the
protection of confidential information); provided, however, that neither party shall have such obligation with respect to the use or
disclosure to others of any confidential information that can be established to have: (a) been known publicly, (b) been known
generally in the industry before communication by the disclosing party; (c) become known publicly, without fault on the part of the
receiving party, subsequent to disclosure by the disclosing party; (d) been known otherMse by the receiving party before
communication by the disclosing party; (e) been received by the receiving party without any obligation of confidentiality from a
source (other than DMP) lawfully having possession of such information or, (f) which is required to be disclosed pursuant to any
local, state or federal law or regulation. Upon (presentation of just cause and) ten (10) days' written notice to Ucensee, DMP shall
have the right to inspect and audit Licensee's procedures and to examine Licensee's computer systems In order to determine
whether such procedures and computer systems comply with the requirements set forth in this Agreement.
r �s•••
10.1 Limited Warranty. DMP represents and warrants to Ucensee that the Licensed Product will perform in all
material respects. DMP further represents and warrants that it has the right to enter into this Agreement and to grant Licensee the
rights granted hereunder. Should DMP be In breach of its representation and warranty under this Section 10.1, DMP's entire liability
and Licensee's exclusive remedy under this Agreement shall be, at DMP's option, which option shall be exercised, within thirty (30)
business days from the date of Licensee's notice of breach, either (1) return the Licensed Product(s) in exchange for the full refund
of all of the fees paid for such Licensed Product, or (ii) repair or replace the Licensed Product upon Its return to DMP provided,
however, that DMP receives written notice from Licensee of a breach of warranty. Any replacement Licensed Product will be
warranted for the remainder of this Agreement.
MtH-Dl 2
Agreement No. 04012012001
10.2 Infringement.
(a) If any action or proceeding brought against Licensee is based on a claim of
infringement arising out of Licensee's use of all or any portlonof a Contributed Database included in the Licensed Products, and if
Licensee notifies DMP within thirty (30) days after the receipt of knowledge of any such action or proceeding, DMP shall, at Its own
expense, do the following to assure continuation of the use of the Licensed Products and Documentation: (i) procure for Licensee
the right to continue to use any part of the licensed Product and Documentation affected by such action or proceeding; or (li)
replace or modify, with Licensee's approval, any Ucensed Products and Documentation determined to be Infringing such that the
infringement is removed; or (Ili) failing (i) or (ii) above reimburse Licensee for the pro rata portion of the Licensed Products license
fee paid to DMP by Licensee, If any, for any period in which Licensee Is unable to use the Licensed Product as a result of such
action or proceeding. licensee shall exert its best efforts to cooperate with DMP in DMP's defense of such actions and proceedings.
DMP shall give Ucensee prompt wr tier notice of any potential infringement problems of which it becomes aware.
(b) Notwithstanding anything to the contrary contained herein, DMP and Contributors shall
have no warranty, liability or obligation with respect to Peripheral Products or to any modifications of the Database by Licensee if,
absent the incorporatlon of the Licensed Products or modifications made by Licensee, the claim of infringement would not have
occurred. Further, if any claim, suit or demand is asserted by a third party that as a result of modifications by the Licensee, the
Licensed Products as so modified infringes on intellectual property right of the third parry or that Peripheral Products infringe on
Intellectual property right of the third party, Licensee shall defend, indemnify and hold harmless DMP with respect to any and all
losses, necessary and reasonable costs, liabilities or damages resulting from or in conjunction with such claim (including reasonable
and necessary attomeys' fees) and any judgment that may be awarded against DMP to the extent based upon such Licensee made
modification or Peripheral Product.
10.3 Disclaimer of Warranties, THE WARRANTIES STATED IN SECTION 10,1 ABOVE ARE THE SOLE AND THE
EXCLUSIVE WARRANTIES OFFERED BY DMP. THERE ARE NO OTHER WARRANTIES RESPECTING THE LICENSED PRODUCT,
DOCUMENTATION, OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF DESIGN, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT, EVEN
IF DMP HAS BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF DMP I5 AUTHORIZED TO ALTER OR EXCEED THE WARRANTY
OBLIGATIONS OF DMP AS SET FORTH HEREIN.
10.4 Urnitaflon of Liability
(a) Except as otherwise expressly set forth in this Agreement, neither DMP, Contributors
nor Licensee shall be liable to any of the others for any special, Indirect, incidental or consequential damages resulting from a
breach of this Agreement including, but not limited to, loss of use of or under - utilization of labor or facilities, loss of revenue or
anticipated profits, or claims of customers, resulting from performance or nonperformance of the obligations under this Agreement.
. (b) Except for claims of Infringement or unauthorized disclosure of the other party's
proprietary or confidential information, any provision herein to the contrary notwithstanding, the maximum liability of DMP to any
person, firm, or corporation whatsoever arising out of or in connection with any license, use, or other employment of the Database
delivered to Licensee hereunder, when such liability arises from any claim based on breach or repudiation of contract or warranty,
shall in no case exceed the actual Ucensed Product License Fee paid to DMP by Licensee for the licensed Product, the license, use,
or other employment of which gives rise to the liability,
11. TERM OF AGREEMENT.
This Agreement shall be effective on the Effective Date and shall continue in effect commensurate with the tents specified on the
Order Form, unless terminated in accordance with the terms and conditions of Section 12,
12, DEFAULT AND TERMINATION,
12.1 Events of Default. This Agreement may be terminated by the non - defaulting party if any of the following
events of default occur: (a) a party materially fails to perform or comply with this Agreement or any provision hereof, (b) a party
fails to stricdy comply with the provisions of Section 8 (Protection) or of Section 9 (Confidentiality, and Injunctive Relief) or makes
an assignment in violation of Section 18 (Non - assignability); (c) any transfer, sale, merger, or acquisition of more than fifty percent
(50 %) of the issued and outstanding shares or assets of either party; (d) a party ceases doing business, becomes insolvent or
admits In writing its inabllity to pay its debts as they mature, or makes an assignment for the benefit of creditors; (e) a petition
under any foreign, state, or United States bankruptcy act, receivership statute, or the like, as they now exist, or as they may be
amended, is filed by a party; (f) such a petition is Flied by any third party, or an application for a receiver is made by anyone and
such petition or application is not resolved favorably within ninety (90) days.
1298 -f1--3
Agreement No. 04012012001
12.2 affective Date of Termination. Termination under subparagraphs 12.1(b); (c), (d), (e), or (f) above shall be
effective on notice. Termination under subparagraph 12.1 (a) shall be effective thirty (30) days after notice of termination to the
defaulting party if the defaults have not been cured within such thirty-day (30 -day) period.
12.3 Obligations on Exoiration or Termination. Upon expiration or termination of this Agreement, Licensee shall
cease and desist all use of the Licensed Products, and Licensee shall promptly deliver to DMP at termination all full, or partial,
copies of the Licensed Products and Documentation in Licensee's possession or under its control. Expiration or termination shall not
prohibit Licensee from continued use of Peripheral Products in perpetuity under the terms specified herein and continued use of
Dedvative Products in perpetuity under the terms specified herein provided that such use does not include any-manner of attempt
to recreate any form of the Licensed Products from such Derivative Products and Licensee continues to protect such Derivative
Products in perpetuity as outlined in this Agreement. Licensee acknowledges that its failure to comply with the obligations of this
Secbon will constitute unauthorized use of the Licensed Products, entitling DMP to equitable relief as specified herein.
13. INDEPENDENT CONTRACTOR STATUS
Ucensee DMP agrees that DMP is an independent contractor and not an employee of the Licensee and all of DMP's personnel shall
be employees or subcontractors of DMP and not employees of the Licensee. DMP 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.
14. INSURANCE REQUIREMENTS
DMP shall obtain, at its sole cost and file with licensee prior to exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period In which annually licensed products are In effect, a policy or policies of liability insurance or
a certificate of such insurance, satisfactory to Licensee, naming Licensee, Its officers and employees as additional insured, which
insurance coverage shall not be less than that provided In the form of a comprehensive liability insurance policy against injuries to
persons or property resulting from or arising out of negligent operations of DMP, its officers or employees. Said policy or policies of
insurance shall provide coverage for both general liability and automobile liability in not less than the following minimum amounts:
One Million Dollars ($1,000,000.00) combined single limit for automobile liability, including bodily injury and property damage; One
Million Dollars ($1,000,000) general aggregate for general liability. Said policy or policies shall also contain a provision that no
termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days notice
thereof has been given in writing to Licensee. DMP shall give to Licensee prompt and timely notice of claims made or suit instituted
arising out of Digital Map Product's operations hereunder. DMP shall procure and maintain, at Its own cost and expense, any
additional kinds and amounts of Insurance, which in its own judgment, may be necessary-for its own for its proper protection in the
performance of the work.
15. ONC
All notices, authorizations, and requests in connection with this Agreement shall be deemed given (a) five days after being
deposited In the mail, postage prepaid, certified, or registered, return receipt requested; or (b) one day after being sent by
overnight courier, charge, prepaid; and addressed as first set forth above or to such other address as the party to receive the notice
or request so designates by written notice to the other, addressed as follows:
If to DMP:
Digital Map Products, Inc
18831 Von Karmen Ave., Suite 200
Irvine, CA 92612
Attn: Contracts
Phone: (949) 333 -5111
FAX: (949) 333.5112
16. NON-ASSIGNABILITY
If to Licensee:
City of Santa Ana
20 Civic Center Plaza (M -30)
Santa Ana, CA 92701
Attn: Clerk of the Council
Phone: (714) 647 -6520
FAX: (714) 647.6956
Licensee may not assign or transfer this Agreement or all or any part of its rights hereunder, by operation of law or otherwise,
without the prior written consent of DMP. Any unauthorized assignment or transfer shall be null and void and shall constitute
grounds for immediate termination of this Agreement under Section 12 above. DMP may assign this Agreement to a related party,
or unrelated party as part of a merger, acquisftion or the business re- organization and Licensee hereby consents to such
assignment. This Agreement shall Inure to the benefit of and be binding upon any permitted successor or assign.
i 5' H44
Agreement No. 04012012001
17. GOVERNING LAW
The validity, Interpretation, construction and performance of this Agreement shall be governed by the laws of the State of
California, without regard to the conflicts of laws principals thereof.
1B. SEVERABILIT
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the
remaining provisions shall remain in full force and effect.
19. MISCELLANEOUS.
19.1 Entire Understanding. This Agreement and the exhibits attached hereto contain the entire understanding and
agreement between the parries respecting the subject matter hereof and all prior quotations, invoices, negotiations,
understandings, representations, and agreements of the parties, whether oral or written, are superseded in their entirety.
19.2 Modifications to Agreement. This Agreement may not be supplemented, modified, amended, released, or
discharged except by an Instrument in writing signed by each party's duly authorized representative.
19.3 Headings Not Controllind All captions and headings in this Agreement are for purposes of convenience only
and shall not affect the construction or Interpretation of any of Its provisions.
19.4 Consent to Breach Not Waiver Any waiver by either party of any default or breach hereunder shall not
constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
19.5 Third Party Beneficiary. Licensee acknowledges that the provisions of this Agreement are Intended to inure to
the beneflt of the Contributors. If Ucensee breached any of these provisions, the Contributors will be entitled to enforce this
Agreement directly against the Ucensee, whether in DMVs or the Contributors' name. Licensee further acknowledges that DMP
executes this Agreement as principal on Its own behalf and, exclusively to accept or otherwise perfect the Contributors' rights
against Ucensee, as agent on behalf of the Contributors.
P;O4 l9i l -5
Agreement No. 04012012001
Attachment C
Scope of Services Line Items
Intergraph to Esri Transition Services
The City of Santa Ana currently uses Intergraph GeoMedia GIS software and desires to migrate
to ESRI GIS software. In order to assist with the transition, Digital Map Products will provide
GIS layer conversion, software training and technical advice regarding best practices for the
setup and configuration of ArcGIS Server, Arclnfo and ArcView in a network environment.
Tasks
GIS Layer Conversion
• 75 hours budgeted for this task.
• Convert existing city created Intergraph GIS layers (including text features) to ESRI GIS
format.
• Create ArcGIS documents (MDX format files) to replace existing city map print formats.
ESRI Software Training
• 25 hours budgeted for this task with flexibility in the selection of the type of classes
provided.
Training options:
o Provide on -site software training for key city staff (up to 20 users) to ensure they
are able to find, access, and utilize city GIS data within the ESRI environment.
o Provide advanced, administrator level training for the setup, configuration, use
and maintenance of ArcGIS Server and Arc /Info software.
ESRI Software - Technical Support and Best Practices
• On -Call support and best practice services for City Staff (See Attached Rate Card)
• Questions will be forwarded to DMP
Agreement No. 04012012001
Hourly Rate Card
The following rate shall apply for additional services not specifically outlined in this
Attachment C.
• Software Architect: $200 /hour
• Software Engineer: $150 /hour
• Product /Support Specialist: $125 /hour
• Data Development Specialist: $125/hour
Aerial Imagery Wall Murals
Digital Map Products shall delivery wall murals of aerial imagery to match those previously
delivered in the 2007 — 2011 contract.
Tasks
Delivery of Aerial Imagery Wall Murals
• 5 @ 40" x 40"
• 8 @ 66" x 66"
liaAH-4 173
25H -18
REQUEST FOR PROPOSALS (RFP)
FOR
GEOGRAPHIC INFORMATION SYSTEMS SERVICES AND DATA
RFP NO.- 17-002
CITY OF SANTA ANA
PUBLIC WORKS AGFNCY
20 Civic Center Plaza
Santa Ana, CA 92701
Trevor Burgan
GIS Administrator
(714) 647-5657 Office
tburgan@,santa-ami.org
Release.
KEY RFP DATES (Subject tas change at discretitat of
Issue Date: January, 4, 2017
Deadline for Requests for Infonnation: January, 11, 2017; 1 0:00am
Proposal Due Date: January, 19,2017; 4:00prn
Presentation/Interviews: January. 26. 2017 (If needed)
Prqjected Award Date: March, 21, 2017
Exhibit 2
City of
'A------
Fred Mousavipour
EXCCLItive Director
Public Works Agency
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for the GEOGRAPHIC
INFORMATION SYSTEMS SERVICES AND DATA project.
Responses to this Request for Proposals (RFP) will be accepted until January 19, 2017 at 4:00 p.m. Proposals
received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any
proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date
and time.
Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 17 -002
GEOGRAPHIC INFORMATION SYSTEMS SERVICES AND DATA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Trevor Burgan
Public Works Agency;
20 Civic Center Plaza; 4b Floor Reception, Ross Annex
Santa Ana, CA 92701
Proposals shall be mailed, hand delivered, or sent by courier service.
Proposals shall NOT be sent via telegraphic, electronic or facsimile.
All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa- ana.org/bids-
rf�s. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
Failure to respond to required updates may result in a determination of a nonresponsive proposal.
City ofMga"P 17 -002
TABLE OF CONTENTS
GENERAL
II. PROPOSAL TERMS AND CONDITIONS ....................................................................................... ..............................4
VII. IMPLEMENTATION ......................................................................................................................... .............................10
A. KICK -OFF MEETING ........................................................................................................... .............................10
B. NOTICE TO PROCEED ......................................................................................................... .............................10
VIII. PUBLIC RECORDS ........................................................................................................................... .............................10
APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: STANDARD AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
ATTACHMENT 4: ADDITIONAL PROVISIONS
ATTACHMENT 5: DATA BOUNDARY MAP
City of er 17 -002
Page 3
A. EXAMINATION .....................................................................................................................
..............................4
B. EXECUTION OF AGREEMENT ...........................................................................................
..............................5
C. PROPOSAL VALIDITY .........................................................................................................
..............................5
D. PRE - CONTRACTUAL EXPENSES .......................................................................................
..............................5
E. JOINT OFFERS /SUBCONSULTANTS .................................................................................
..............................5
III.
INSTRUCTIONS TO PROPOSERS ..................................................................................................
..............................5
A. CITY RESPONSIBILITIES ....................................................................................................
..............................5
B. PROPOSER RESPONSIBILITIES ..........................................................................................
..............................5
C. REQUEST FOR INFORMATION OR CLARIFICATION ....................................................
..............................6
D. ADDENDA ..............................................................................................................................
..............................6
E. LICENSES & PERMITS .........................................................................................................
..............................6
F. INSURANCE ..........................................................................................................................
............................... 6
G. PAYMENT INFORMATION PACKET ................................................................................
............................... 6
H. PRE- PROPOSAL MEETING ..................................................................................................
..............................6
I. CITY RIGHT TO REJECT .....................................................................................................
............................... 6
J. PROTESTS ..............................................................................................................................
..............................7
IV.
SUBMITTAL REQUIREMENTS ......................................................................................................
..............................7
A. GENERAL ...............................................................................................................................
..............................7
1. NUMBER OF COPIES AND SIGNATURE ............................................................
..............................7
2. DEADLINE ...............................................................................................................
..............................7
B. PROPOSAL CONTENTS ........................................................................................................
..............................7
1. STATEMENT OF QUALIFICATIONS ....................................................................
..............................7
2. SCOPE OF SERVICES & SCHEDULE ...................................................................
..............................8
3. FEE PROPOSAL .......................................................................................................
..............................9
4. CERTIFICATIONS ...................................................................................................
..............................9
V.
PROPOSAL REVIEW (CONSULTANT SELECTION) .................................................................
..............................9
A. EVALUATION AND RATING ..............................................................................................
..............................9
B. SELECTION ............................................................................................................................
..............................9
VI.
AWARD OF AGREEMENT ...............................................................................................................
..............................9
A. REQUEST FOR COUNCIL ACTION ....................................................................................
..............................9
B. EXECUTION OF AGREEMENT ..........................................................................................
.............................10
VII. IMPLEMENTATION ......................................................................................................................... .............................10
A. KICK -OFF MEETING ........................................................................................................... .............................10
B. NOTICE TO PROCEED ......................................................................................................... .............................10
VIII. PUBLIC RECORDS ........................................................................................................................... .............................10
APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: STANDARD AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
ATTACHMENT 4: ADDITIONAL PROVISIONS
ATTACHMENT 5: DATA BOUNDARY MAP
City of er 17 -002
Page 3
I. GENERAL
Nature of Work:
The City of Santa Ana is seeking a vendor or vendors to provide GIS Data and Services. A detailed
Scope of Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this REP.
Number of Proposals and Signature:
The submittal shall include:
• Four (4) hard copies and one (1) digital file on a labeled USB Flash Drive (or equivalent).
One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a
company official with the power to bind the company.
• One (1) copy of your Fee Proposal shall be submitted. See ATTACHMENT 1: SCOPE
OF WORK for additional information regarding the Fee Proposal submittal.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm /Team Experience
25%
• Understanding of Need
25%
• Relevant Project Experience
25%
• Schedule
15%
• References
10%
The City has established a proposal review committee to evaluate proposers based on the response to
the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria
set forth above. A final score will be calculated for each submitted proposal and used to rank the
proposers.
Term of Contract A reement:
The City desires to enter into a contract with the selected firm(s) for an initial three (3) year term
with a City option for one, two (2) year extension. This tern is outlined in the Standard Consultant
Agreement, as contained in ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of
this REP.
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts
the Terms and Conditions of this RFP as described below:
A. EXAMINATION
Proposer represent that it has thoroughly examined and become familiar with the services and
responsibilities required this REP and that it is capable of effectively and efficiently performing
City ofMgQ "P 17 -002
quality work to achieve the City's objectives. Any attachments referenced herein or any
interpretations, clarifications or amendments subsequently posted in the relation to this RFP are
fully incorporated.
B. EXECUTION OF AGREEMENT
The City and the selected Proposer will enter into an Agreement similar to that as shown in
ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this RFP. If a Proposer is
unwilling or unable to execute an Agreement within thirty (30) days after being notified of
selection under this RFP, the City reserves the right to select the next most qualified Proposer or
call for new Proposals, whichever the City deems most appropriate.
C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period
of 120 days after the submission of the Proposal.
D. PRE - CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre - contractual expenses incurred by
Proposers in the preparation of its proposal.
E. JOINT OFFERS /SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they
should do so on a prime sub - consultant basis. The City intends to contract with a single firm and
not with multiple firms doing business as a joint venture. Should the use of sub - consultants be
offered, the Proposer shall provide the same assurances of competence for the sub - consultant
plus the demonstrated ability to manage and supervise the subcontracted work. Sub- consultants
shall not be allowed to further subcontract with others for work under the Agreement. The
provisions of the Agreement shall apply to all sub - consultants in the same manner as the
Proposer.
III. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required
information in RFP. The City will provide only the staff assistance and documentation
specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibility for all services in its proposal.
The selected proposer shall identify a sole point of contact with the greatest knowledge in regard
to the required service operations and contractual matters, including payment of any and all
charges resulting from the Agreement.
Evidence of Financial Ca acity: Proposer may be requested to submit its most recent audited
financial statement, evidencing proposer's financial capacity to fully perform the required
City of Ewlb ReZ3 17 -002
Page 5
services, including provision of equipment and personnel expenses over a ninety (90) day period.
If said financial statement does not reflect full ninety (90) day operational capacity, proposer
may include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e -mail to the Project
Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline
for Requests for Information" date noted on the cover page of this REP. No verbal requests or
responses will be accepted. Significant interpretations or clarifications will be addressed via .
addenda to this RFP, as indicated below in SUB - SECTION IILD "ADDENDA ".
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's website,
www.santa- ana.ore/bids -rfps
E. LICENSES & PERMITS
The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten
(10) business days of selection and must provide a copy to the City Project Manager or designee
prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses /permits required by the
Scope of Work.
F. INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the
standard agreement within ten (10) business days after receipt of notice of award.
G. PAYMENT INFORMATION PACKET
The selected Proposer shall return a completed payment information packet within ten (10)
business days after the successful Proposer has received notice that the agreement has been
awarded. The packet is available on the City's website: www.santa- ana.or ids -rfps
H. PRE - PROPOSAL MEETING
A pre - proposal meeting, if scheduled, will occur on the date, time and location identified on the
cover page of this REP. The meeting will include discussion of the project scope and a question -
and- answer session. It is highly recommended that the Proposer's key team members attend this
meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP,
as described above in SUB - SECTION III.D "ADDENDA ".
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any agreement will be awarded pursuant to this RFP or otherwise.
City
17 -002
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
responsibility of the successful Proposer and the City shall assume no liability of such
subcontractors.
J. PROTESTS
Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non -
responsibility may submit, in writing within five (5) business days, to the Project Manager, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5)
business days. If no action is taken within such time, there shall be no change to the staff
detennination. The exercise by Proposer of its right to submit written concerns shall be a
condition precedent to seeking judicial review of any award of a contract hereunder.
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
1. NUMBER OF COPIES AND SIGNATURE
Refer to SECTION I "GENERAL" above.
2. DEADLINE
Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in
the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
1. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED
PAGES (excluding front and back covers, section dividers and attachments such as resumes
or forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum
11" x 17 ". The Statement of Qualifications includes the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can
make legally binding commitments for the entity. Include type of business entity. The
cover letter will specify the key contact for the proposal and include the following
information.
Name of the key contact.
Phone number of the key contact.
City of cZ5Ka$F5 17 -002
Paae 7
E -mail address of the key contact.
I£ this information is missing from the cover letter, the proposal may be considered non-
responsive and will not be accepted.
b. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and
all provisions as contained in the standard agreement attached as ATTACHMENT 2:
STANDARD AGREEMENT in the Appendix of this RFP.
c. Firm and Team Experience
Proposal shall include a profile of the firm's experience. Include resumes of project
team /sub- contractors that outline their technical experience. At a minimum, this should
include the project manager /principal agent, associates in charge when project
manager /principal agent is unavailable, key personnel, firm size, and an organization
chart identifying only those who will perform work for the proposed project and the
percentage of each individual's time devoted to this project. The project
manager /principal agent shall be the primary contact person to represent your firm.
d. Understanding of Need
Proposal shall include an outline which demonstrates the firm's understanding of the
scope of work This outline should include anticipated approach, tasks necessary for
successful completion, and suggestions or special concerns that the City should be made
aware of.
e. Relevant Project Experience
Proposal shall include a list of relevant projects which your firm or personnel have
completed within the last five (5) years, including significant work with public agencies.
Project information should include project description, year completed, client name,
along with a person to contact and their telephone number.
f. Schedule
Proposal shall include a detailed schedule based on the Scope of Services explained
below in SUB - SECTION IV.13.2 "SCOPE OF SERVICES & SCHEDULE" with a
written statement which provides information on current workload and how this project
would be accommodated.
g. References
Proposal shall include references for three public entities for which Proposer has
performed similar work within the past five (5) years.
h. Fee
Fees may or may not be included as part of evaluation criteria. Refer to SECTION I
"GENERAL" above and SUB - SECTION IV.B.3 "FEE PROPOSAL" below. (this item
notp&t ofpage limit)
2. SCOPE OF SERVICES & SCHEDULE
Proposal shall include a Scope of Services which details the work phases to be completed,
the tasks to be accomplished and the deliverables to be provided. Scope of Services shall be
City of2q_g44�a P 17 -002
incorporated into the schedule as described above in SUB- SECTION LA.I.f "SCHEDULE"
to complete the project based upon the requested Scope of Work, detailed in
ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.
3. FEE PROPOSAL
Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a
separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's
Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as
outlined in the Scope of Work.
Where fees are NOT included as part of evaluation criteria, the fee proposal will not be
opened until the proposals have been evaluated by the proposal selection committee. The
City will select the consultant based on qualifications, and then negotiate a contract price
based on available funding.
Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened
and reviewed concurrently with the proposal, and weighted per the percentage identified in
SECTION I "GENERAL" above.
4. CERTIFICATIONS
The following forms, included in ATTACHMENT 3: CERTIFICATIONS in the Appendix
of this RF'P, shall be signed and included as part of the proposal submittal package:
• Non - Collusion Affidavit
• Non - Lobbying Certification
• Non - Discrimination Certification
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
Refer to SECTION I "GENERAL" above.
B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the
agreement to the proposer who will provide the best quality and value to the City.
The City reserves the right to begin negotiations and enter into an agreement without interview
or further discussions.
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will
recommend award of an agreement to the proposer providing the best quality and value to the
City.
City of Q614@ 17 -002
Page 9
B. EXECUTION OF AGREEMENT
A standard agreement is included as ATTACHMENT 2: STANDARD AGREEMENT in the
Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant' in standard
agreement. The term of the agreement will begin after the agreement is fully executed, and all
required bonds, insurance documents and contents of the payment information packet have been
received and approved.
VII. IMPLEMENTATION
A. KICK -OFF MEETING
A kick -off meeting will be held after award of contract. Consultant and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process.
B. NOTICE TO PROCEED
Following the kick -off meeting, a formal Notice to Proceed (NTP) may be issued after the
agreement is fully executed, and all insurance documents and contents of the Payment
Information Packet have been received and approved.
VIII. PUBLIC RECORDS
All responses to the RFP shall become property of the City, and proposals will become public record
after award of agreement. Proposer information identified as proprietary information shall be
maintained confidential, to the extent allowed under the California Public Records Act.
.� ..►s ��
Appendix
ATTACHMENT 1: SCOPE OF WORK
Introduction and BackEround:
The City of Santa Ana is seeking responses to this RFP from qualified vendors to provide Geographic
Information System (GIS) Data and Services as described below in three separate Proposal Options. Vendors
may choose to propose on as many of the Proposal Options as their firm is capable of delivering. The City will
evaluate each Proposal Option separately and choose the vendor or vendors that provide the most quality and
value to the City.
Example:
• Vendor X chooses to submit a response for Proposal Option 1.
• Vendor Y chooses to submit a response for Proposal Options 1 and 2.
• Vendor Z chooses to submit a response for Proposal Options 1, 2, and 3.
• The City evaluates the submitted proposals. The City may choose to select:
• Vendor X for Proposal Option 1.
• Vendor Y for Proposal Option 2.
• Vendor Z for Proposal Option 3.
Each vendor must submit a fee proposal for each Proposal Option separately. If a vendor does not submit
separate sealed fee proposal for each Proposal Option, the proposal may be considered non - responsive and it
may not be accepted.
Each vendor may submit a combined fee proposal for all submitted Proposal Options if they believe a cost
savings can be achieved by providing all of the services for all submitted Proposal Options.
Example:
Vendor Z chooses to submit a response for Proposal Options 1, 2, and 3.
• Vendor Z must submit:
• A sealed fee proposal for Option 1.
• A sealed fee proposal for Option 2.
• A sealed fee proposal for Option 3.
• Vendor Z may submit:
■ A sealed fee proposal for Option 1, 2, and 3 with one combined cost.
The City also desires to enter into a contract with the selected vendor(s) for an initial term of three years with
the option for one, two -year extension. This contract will allow the City to purchase additional data and services
from the vendor(s) as needed.
25H -29
Page 1 of 10
Proposal Option 1— Cloud Based (Hosted) Map Based Application
Project Scope
The scope of this project is to provide the city with access to a hosted map based application.
The city desires to enter into a three year agreement with the vendor with the option to extend the agreement for
an additional two years. In the sealed fee proposal, the vendor will provide two quote options based on the
project requirements listed below.
Quote Option 1: Annual price for the Hosted Map Application for years one, two and three.
Quote Option 2: Annual price for the Hosted Map Application for years four and five.
The City desires to have one point of contact for all interactions with the Vendor in regards to the hosted map
based application. The City also desires the option to change the point of contact as needed during the course of
the agreement, at the City's discretion.
The vendor will provide access to a hosted map based application that offers the following features and
abilities:
System Architecture / General Requirements
• The vendor will provide unlimited user account based access to the hosted map based application for all
city employees.
• Each user account will use pass -thru authentication using a custom designed City intranet website that
will pass the user's city network credentials to the hosted map based platform for authentication on the
hosted map based application.
• The hosted map based application will support the use of the following browsers:
o Google Chrome
o Internet Explorer (Version 11 +)
o Firefox
o The vendor will update the hosted map based application as needed to address browser security
and functionality updates.
• The hosted map based application will run on servers in a secure tier -4 colocation data facility. During
City business hours, the application availability uptime should be rated at 99.9 %. A formal Service
Level Agreement is not required, but the city expects compensation for extended downtime and will
negotiate a fair rate with the Vendor.
• The Vendor will perform all application maintenance and updates after regular City business hours or on
weekends.
• The Vendor will offer periodic web -based training for City employees.
• Support will be available via phone and e -mail during regular City business hours.
Layers
The hosted map based platform will provide access to the following layers:
• Underlying map base provided by Bing or Google Maps with option to display up -to -date aerial
high - resolution aerial photography.
• Orange County Parcel data for the entire city of Santa Ana plus a reasonable buffer to allow for
interagency project needs. The parcel graphics will be updated according to the County update
25H -30 Page 2 of 10
schedule with new information as provided by the Orange County Surveyor and Assessors
office. The vendor is responsible for updating and maintaining the graphic parcel information
and will coordinate with the County to correct errors in the data as they are foumd.
• Orange County Tax Roll data for the entire city of Santa Ana phis a reasonable buffer to allow
for interagency project needs. This data may be provided by any third -party supplier. The tax
roll data should include ALL possible fields collected by the County Assessor and the vendor
should attempt to ensure the completeness of ALL provided fields in the tax roll data.
• The tax data will be integrated into the hosted map based platform so when a user selects
a parcel on screen they can see the linked tax roll data attributes for that parcel.
• The hosted map based application will provide several methods for producing buffer
notification reports (e.g. distance from parcel, selection from custom polygon shapefiles,
selection from custom drawn markup objects, etc.) and output the resulting list in a
variety of formats.
• The hosted map based application will allow the user to query the tax roll data on a
custom selection of attributes and output the resulting list in a variety of formats.
• The hosted map based application will provide up to 15 years of property transaction
history.
• Hazard Layers — The vendor will provide various government created hazard layers and update
them as needed /requested. (Seismic, Fire, Flood, Mamnade, etc.)
• Census Layers — The vendor will add new census geography layers as they are released. (Tract,
Block Group and Block level data.)
• Custom shapefiles — The hosted map based application will allow the loading of custom
sha efiles for display. Administrators will be able to load files for all users to view. Individual
users will be able to load shapefiles for personal use on their user account.
• The application will offer various symbolization choices for layers: colors, line styles, point
symbols, etc.
Features / Tools
• The hosted map based application will offer various markup / drawing and measurement tools, including
the ability to draw a rectangle using two points of input.
• Markup layers should have the ability to be made persistent and saved for later use.
• The hosted map based application will offer the ability to save various map views and bookmark
locations for later use.
• The hosted map based application will offer various search methods to find locations. (Address, APN,
Intersection, etc.)
Reports / Output
• The hosted map based application will offer several methods to generate printed maps and reports.
o Required formats:
Reports: Microsoft Excel or Comma Separated Values, Adobe PDF, assorted Avery
Label formats for owner and occupant address lists.
Maps: Adobe PDF or JPEG formats.
• Ability to add custom titles and footnotes
• Ability to include /exclude map legend
• Ability to specify custom map scales.
• Ability to specify custom paper sizes: (Letter, Tabloid, ANSI E, etc.)
25H -31
Page 3 of 10
• The hosted map based application will offer the ability to save reports and recall them for use at a later
time.
Integration with City Applications
• The hosted application will integrate with the City's custom internal EDMS (Electronic Document
Management System) website to allow for spatial selection of City engineering plans and documents.
c From a custom layer of street centerlines, interactively select street via a two -point rectangle
(inside selection or pass -thru selection).
o Build a custom URL based on that selection.
o Pass the custom URL to internal EDMS document server to display relevant documents.
The hosted application will have the ability to integrate with future City applications (permitting,
document management, etc.)
25H-32 Page 4 of 10
Proposal Option 2 — Digital Aerial Orthophotography
Proiect Scone
The scope of this project is to provide 7.5 cm (3") pixel resolution color digital Ortho - photography for the City.
The Ortho - photography will be captured with a large format calibrated digital aerial mapping camera. It will be
ortho- rectified using an accurate DTM created from the digital imagery (accuracy and additional specs below).
The project limits will be based upon the attached boundary description document (Attachment 5).
The City desires to have one point of contact for all interactions with the Vendor in regards to the Digital Aerial
Orthophotography Project. The City also desires the option to change the point of contact as needed during the
course of the agreement, at the City's discretion.
The city desires to enter into a three year agreement with the vendor with the option to extend the agreement for
an additional two years. In the sealed fee proposal, the Vendor will provide four (4) quotes based on the project
requirements listed below for the following deliverable schedules:
Initial Three Year Contract Schedules:
Delivery Schedule One: Imagery flown and delivered in years one, two and three
Delivery Schedule Two: Imagery flown and delivered in year one and year three.
Extended Fourth and Fifth Year Contract Schedules:
Delivery Schedule Three: Imagery flown and delivered in year four and year five.
Delivery Schedule Four: Imagery flown and delivered in year five.
Proiect Rcuuirements:
Horizontal Accurac
The datum for horizontal adjustments and positions must be the North American Datum of 1983 (NAD 83). The
datum for vertical adjustments and elevations will be the North American Vertical Datum of 1988 (NA VD 88).
Further, it must be adjusted to the 2007 EPOCH adjustment by the County of Orange to account for ground shift
in Orange County that has caused 2.2' average shift from the 1988 NAD datum. All horizontal values must be
published in the California Coordinate System 1983 (CCS83), Zone 6, State Plane values in U.S. Survey Feet.
The ortho images must be tied to the current Geodetic control network from the Orange County Survey
Department. They must also have a horizontal accuracy of plus /minus one foot or better throughout the project
area.
Flight Camuai
All aerial photography must be performed in accordance with specifications established by the American
Society of Photograminetry and Remote Sensing. A large format, calibrated digital mapping camera with
forward motion compensation must be used. The vendor will deliver a Camera Calibration Certificate for the
camera used. Planning and acquisition will be performed under the direction of an ASPRS Certified
25H -33
Page 5of10
Photogrammetrist. The vendor will provide a copy of the certificate confirming the ASPRS certification upon
request.
Weather, time of day and time of year
The photography must be captured in the May /June time frame with the sun at least 30 degrees above the
horizon. Visibility at time of capture must be a minimum of 10 miles as reported at local weather stations to
assure clear, crisp images.
Digital Orthophoto rg aphy Production
The orthophotography must be produced with 0.25 -foot resolution or better. All orthophotography must be
delivered in GEO TIF and MrSID image file formats with associated World files. The images will be mosaic'd
and seamless in appearance. Radiometric adjustments will be performed to balance brightness and contrast of
the imagery over the entire project area with the intent that it should match the brightness and contrast of the
orthophotography deliverables from previous years. The orthorectified .TIF files must be tiled for delivery
according to an index, tiling scheme, and file naming convention provided by the City. The tiled files will be
edge matched and seamless in appearance. The MrSID compression will be conducted at a minimum 20:1 ratio
to create a singular file consisting of all seamless orthorectified tiles.
Detailed summary of deliverables for each year imagery is flown and delivered:
• A Camera Calibration Certificate for the camera used for the flight and imagery acquisition.
• Document that provides the date, time and weather conditions for the image acquisition.
• A perpetual enterprise license for the imagery for the entire City of Santa Ana to use, including
emergency responders for dispatch and inside the MDC units in their vehicles. The city will be allowed
to give copies of the licensed imagery to consultants and contractors doing work on behalf of the city
under a pre - created sub - license agreement provided by the vendor.
• The imagery must be able to stream into SaaS GIS service "Digital Map Products - GovClarity" or other
SaaS GIS web -based service for no additional charge.
• One complete set of orthorectified image files in GEO_TIF file format with world files matching the
boundary extent as determined by the city. The vendor will work with the City to determine the best
compression method, tiling and pyramid levels to meet the City's needs.
• One MrSID compressed and mosaie'd image file of the entire city matching the boundary extent as
determined by the city. The vendor will work with the City to determine the best MrSID file creation
settings to meet the City's needs.
• The vendor will keep a digital copy of the deliverables for the duration of the contract, in the event that
the City needs to re- download them for no additional charge.
f Photo index sheet of tiled files.
25H -34 Page 6 of 10
• Include an option for delivery of the 4"' band (NIR). The vendor will work with the City to provide a
set of false color orthorectified image files in GEO_TIF file format with world files matching the
boundary extent as determined by the city. The vendor will work with the City to determine the best
compression method, tiling and pyramid levels to meet the City's needs.
• Include an option for onsite delivery on portable hard disk or downloaded via electronic delivery (for
sales tax savings)
• Include an option for a Digital Terrain Model (DTM) and 2 -foot Contour Generation. The Vendor shall
create and deliver to the City a digital file of the DTM created in connection with the imagery ortho-
rectification project and derived 2 -foot contours in Microstation DGN file format created using Phodar,
Lidar or whatever technological approach Vendor chooses.
25H -35
Page 7 of 10
Proposal Option 3 — Graphic Parcel and Assessor Data
ProiectScope
The scope of this project is to provide Orange County parcels, centerlines and tax roll data to the City in GIS,
CAD and tabular formats on an annual and /or quarterly basis.
In the sealed fee proposal, the Vendor will provide four (4) quotes as described below for the graphic parcel and
assessor data. The City may desire to choose one, two or all three quote options depending on City needs for
data acquisition.
Quote Option 1— File Geodatabase of Orange County Parcels and Centerline data, annual delivery.
Quote Option 2 — Microstation DGN of Orange County Parcels and Centerline data, annual delivery.
Quote Option 3 — Tabular Orange County Assessor Tax Roll Data, quarterly delivery.
Quote Option 4 — Combined quote for all three data deliveries listed above.
The City desires to have one point of contact for all interactions with the Vendor in regards to the parcel and tax
roll data. The City also desires the option to change the point of contact as needed during the course of the
agreement, at the City's discretion.
Graphic Orange County Parcel GIS Data (Minimum Requirements)
For each year of the contract, the Vendor will provide updated Orange County parcels, centerlines and other
county GIS data in ESRI File Geodatabase format and Microstation DGN format. Once the County has
released the updated parcels, the Vendor will deliver the processed data to the City within 30 days.
The City desires a perpetual enterprise license for the parcels that allows unlimited use for all city employees,
consultants, contractors and agents of the City. The City desires the right to distribute derivative datasets based
on the parcels (zoning, land use, etc.) on an Open Data website for download by the public.
The City will determine the required fields and projection information for the deliveries. Over the duration of
the contract, the City may require that the parcels be delivered in a format that is compatible with the ESRI
Local Government Information Model (LGIM) schema. The Vendor will work with the City to provide the
parcels in the desired format /schema.
ESRI File Geodatabase Deliverables (annual delivery)
• The Vendor will provide the Orange County Assessor's parcels and centerlines in ESRI File
Geodatabase format.
• The Vendor will include a table in the File Geodatabase that relates the OBJECTID of the Parcel
to the Assessor's Parcel Number (APN). The Vendor will work with the City to deliver this
table in the format the City desires.
25H -36 Page 8 of 10
• The Vendor will work with City to deliver the data with the attributes in the schema the City
desires.
• The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of
this RFP.
• The Vendor will deliver the parcels and centerlines within 30 days of the County releasing the
updated parcel information.
• The Vendor will utilize an FTP site for electronic delivery.
Microstation DGN Deliverables (annual delivery)
• The Vendor will provide the Orange County Assessors' parcels and centerlines in Microstation
V8 DGN format.
• The City will deliver an example DGN file to the Vendor so the Vendor can match the
projection, working units, levels, line styles, colors and all other applicable DGN attributes as
required by the City.
• The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of
this RFP.
• The Vendor will deliver the parcels and centerlines within 30 days of the County releasing the
updated parcel information.
• The Vendor will utilize an FTP site for electronic delivery.
Tabular Orange County Assessor Tax Roll Data (Minimum Requirements)
The Vendor will provide updated Orange County Assessor's Tax Roll information in Microsoft Access
Database format on a quarterly basis.
The City desires a perpetual enterprise license for the Tax Roll data that allows unlimited use for all city
employees, consultants, contractors and agents of the City.
The City will determine the required fields for the deliveries. Over the duration of the contract, the City may
require that the tax roll data be delivered in a format that is compatible with the ESRI Local Government
Information Model (LGIM) schema. The Vendor will work with the City to provide the assessor data in the
desired format /schema.
While the City requires this data to be delivered in Microsoft Access database format, the City is open to
additional new products that feature the tax roll data in other formats. The Vendor will work with the City to
ensure the City's needs are met if any delivery format changes occur.
25H -37
Page 9 of 10
Microsoft Access Tax Roll Database Deliverables (quarterly delivery)
• The Vendor will utilize an FTP site for electronic delivery.
• The Vendor will update the tax roll information with sales transactions to ensure the quarterly
updates have the most recent information for each record.
• The Vendor will provide a comprehensive data dictionary describing each field and its contents.
• The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of
this RFP.
• The City will provide an example Tax Roll database in Microsoft Access database format so the
Vendor can match the delivered fields and schema.
• The City desires all possible tax roll attributes across the following categories:
• Legal (APN, legal description, etc.)
• Lot Information (census tract, land use code, area, building sq. footage, year built, rooms,
etc.)
• Ownership (owner naive, owner phone, owner address, etc.)
• Sims (parcel address, zip code, etc.)
• Values (total value, assessed value, land value, improvement value, etc.)
25H -38 Page 10 of 10
Appendix
ATTACHMENT 2: STANDARD AGREEMENT
25H -39
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of , 2016 by and
between , (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
B. Consultant represents that Consultant 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 Consultant 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 perform during the term of this Agreement, the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and
incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services,
which shall be delivered as prescribed, beginning upon the City's issuance of a Notice to Proceed.
2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an
amount not to exceed S in accordance to rates and charges
identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in
accordance with Section 18.
3. TERM
This Agreement shall commence on [enter a "Start Date" or "the date first written above "] for a
number ( #) year term with the option for the City to grant up to a number ( #) -year renewal option(s)
exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 15, below.
25H -40 Page 1 of
4. 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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in
writing that City is granted a non - exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
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:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its
officers, employees, agents, 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 insured's 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 3700 of
25H -41 Page 2 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.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with $2,000,000 in the aggregate.
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 by the City.
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.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
f 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 affect 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.
INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to any work
performed or services provided under this Agreement arising out of, relating to or pertaining to the
negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees,
vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein
shall be construed to require Consultant to indemnify the indemnified parties from any claim arising
from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the Consultant.
25H -42 Page 3 of 9
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or
documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. 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 operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
11. 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. Conflict may be further
specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by
reference.
12. 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 and as further specified in Certifications -
25H -43 Page 4 of
Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. 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 or 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 is not embodied
herein.
14. 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.
15. 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:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) 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.
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, perfonmance, and enforcement of any of the clauses of this Agreement shall be
detennined 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.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
25H -44 Page 5 of 9
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 its inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
18. PAYMENTS & INVOICES
a. Payment by City shall be made within 45 days (forty -five) 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 reasonably be expected by City.
Invoices should be submitted on the 15th of each month and shall include the following
information at a minimum:
i. Consultant's invoice number and City's agreement number
ii. Beginning and ending dates for services
iii. City Project and/or Task Order number and /or name (if applicable)
iv. Work site address /location (if applicable)
V. Tasks or deliverables completed and percentage ( %) of total services completed.
vi. Remaining Overall and Task Order budget available
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Each undersigned represents and warrants that its signature herein below 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.
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
20. 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 fax 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
25H -45
Page 6 of 9
Santa Ana, CA 92702 -1988
Fax: 714- 647-6956
With courtesy copies to:
Fred Mousavipour
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 647-5635
To Consultant:
Consultant Company Name
Address
City, State, Zip
Fax: (000) 000-0000
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
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 fax, 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 as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
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
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
David Cavazos
City Manager
CONSULTANT:
Consultant Company Name
25H -46
Page 7 of 9
By:
Jose Sandoval (name)
Chief Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
25H -47
Page 8 of 9
EXHIBIT A
SCOPE OF SERVICES
(from Attachment I of RFP, and /or Consultant Proposal)
[remove this note when assembling Agreement]
FEE PROPOSAL, including hourly rates
(from separately sealed envelope included with Consultant Proposal)
[remove this note when assembling Agreement]
EXHIBIT C
CERTIFICATIONS
(from Attachment 3 of RFP)
[remove this note when assembling Agreement]
EXHIBIT D
ADDITIONAL PROVISIONS
(from Attachment 4 of RFP)
25H -48 Page 9 of 9
APPENDIX
ATTACHMENT 3: CERTIFICATIONS
25H -49
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited
any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price,
or of that of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are
cautioned that malting a false certification may subject the certifier to criminal
prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20, by
, proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me
Notary Public Signature Notary Public Seal
25H -50 Page 1 of 1
NON - LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
25H -51 Page 1 oft
NON - DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies
as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Consultant shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Consultant
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or 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, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he /she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his/her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation, to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the Consultant may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rile, regulations, or order of the Secretary of Labor, or as
otherwise provided by law.
25H -52 Page 1 of
The Consultant shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontract or purchase order as the administering agency may direct as
means of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subconsultant or vendor as a result of such direction by the administering
agency, the Consultant may request that the United States enter into such litigation to protect
the interests of the United States.
S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works
because of race, religious creed, color, national origin, ancestry, physical handicaps, mental
condition, marital status, or sex of such persons, except as provided in Section 1420, and any
consultant of public works violating this Section is subject to all the penalties imposed for a
violation of the Chapter.
Signed:
Title:
Firm:
Date:
25H -53
Page 2 of 2
APPENDIX
ATTACIIMENT 4: ADDITIONAL PROVISIONS
THERE ARE NO ADDITIONAL PROVISIONS FOR THIS PROJECT.
25H -54
APPENDIX
ATTACHMENT 5: Data Boundary Map
25H -55
2017 Data Boundary Aerial a
Attachment 5
25H -56
V o
0 X Y2 1
Miles
X:6042750.000007
X:6084749.999996
Y2237450.000149
Y:2237450.000149
.�� ra _.
— .,.•ter .. � r
� — __
•1.••ewe
�'',
�GANTA
FA nHMvE�I AI
o
I
V
SANiA CLAR4,3V
L' U
GI ARA
A
r
:1
rql�
L
NEST mi
aR A/
I 'TH
r.
i 1 TH ST
_
NASNINGTON
AV
� tt
DR
IANA
G -,TA
BLVD
—iST
is ST
Sr
1 1
1ST Sr
v.
MC FADD�N
AV
pq+sa
•�
M FAODEn�AV
•
•
�
__.
—.
,.._—
«
P
ipiniOER AV
rR If
1
a
.K
r
v
a�'ti
�,�_ '
eFGPRSrROM
Av -_
v
L
•��� �
=
MACARTHUT 6-w
_ �._.
_. L -
SUN. -.�V R �r \•• « —.
—. _
— vy
F
_.
yA
X:6042750.000007
_
--
*�
-- X:6084749.999996
�"`'9y
Y:2195450.000159
: Y:2195450.000159
i
Attachment 5
25H -56
V o
0 X Y2 1
Miles
CONSULTANT AGREEMENT
WITH DIGITAL MAP PRODUCTS
THIS AGREEMENT shall be effective as of April 16111, 2017, . by and between Digital Map
Products, 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
Geld of Geographical Information System services, data and maintenance.
B. Consultant represents that Consultant 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 Consultant 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 perform those services as set forth in Exhibit A, Consultant's Proposal
dated January 19, 2017, and Exhibit B, Teens and Conditions, incorporated by reference to this
Agreement.
1 COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges identified in Exhibit C and incorporated by
reference to this Agreement. The total sum to be expended under this Agreement
shall not exceed $100,000 for the first year of the Agreement, and shall not
exceed $85,000 for the remaining years of the Agreement including the two -year
option period.
b. Payment by City shall be made within forty -five (45) 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 reasonably be
expected by City.
Page 1 of 12
2 `O
3. TERM
The Term of this Agreement shall commence on April 16, 2017, for a three (3) year
Term, with an option to extend for an additional two (2) year period, excercisable by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
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.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non- exclusive license for City to copy, use, modify, and reuse
intellectual property, and other documents or works of authorship fixed in any tangible medium
of expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Docuuments & Data'). Consultant shall require all subcontractors to
agree -in- wri- tin - that -Gity -is -F-- anted -a- non- exclusive-license- for- an-y-Doeuments- &-Data the - --
subcontractor prepares under this Agreement. The perpetual licensing for products quoted in the
Proposal does not include GovClarity. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant
by the City. City shall not be limited in any way in its use of the Documents & Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk and no intellectual property belonging to Consultant shall be distributed outside of the
control of the City without the express written consult of Consultant.
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:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and 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
Page 2 of 12
25H -58
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, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shrill
include coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the California Labor
Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to umdertalce 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.
d. If Consultant is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
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 by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled .
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f. 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 shrill not
affect Consultant's right to be paid for its time and materials expended prior to
Page 3 of t2
25H -59
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 defend, and shall indemnify and hold harnless 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 negligent operations of the Consultant or its Consultants, 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,
J udicial or equitable relief clue 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. Notwithstanding the foregoing, to the extent Consultant's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
- extent- r- @quir -ed by-Ci-vi- l- God"ection -27-82.8, to- elaims- that - it -is"ut of— pertain- to- or- relrrte —to - --
the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL. PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
Page 4 of 12
25H -60
three (3) years from the date of final payment to Consultant under this Agreement.
10. 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 operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
11, 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.
12. 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 fax 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
Fax 714- 647 -6956
Copies to: Executive Director — Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
Fax 714 - 647 -5622
Page 5ofl2
25H -61
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -6515
Consultant: Digital Map Products
18831 Von Darman Ave., Ste, 200
Irvine, California 92612
Phone: 949- 333 -5111
A party may change its address by giving notice in writing to the other party. Thereafter, any
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 fax, 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 as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
Tbis Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or- written,- between - the - parties - In- th"vent of-- a- coniflict 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 instrruent 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 or 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,
14. 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.
Page 6 of 12
25H -62
15. TERMINATION
This Agreement maybe terminated by the City upon thirty (30) days written notice of
termination. Cancellation without cause shall trigger the greater of:
a. Finishing the current contract year with no refund, or
b. Six (6) months of the fee for the current contract year.
C. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. NON - DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the rocrnitrnent, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
17. 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- deternaitied- and - governed- by-ths-la -ws -of the, State- of-Cali-fom a —Both pat-ties- fur -they --- - - - - --
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.
18. 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 its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
Page 7 of 12
25H -63
19. MISCELLANEOUS PROVISIONS
a. 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 fiilly
set forth in the body of this Agreement.
(Signatures on Following Page)
Page 8 of 12
25H -64
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
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
LISA STORCK
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
GERARDO MOUET'
Acting City Manager
CONSULTANT
Digital Map Products
Fred Mousavipour, Executive Director James S. Skurzynski
Public Works Agency President/CEO
Page 9 of 12
25H-65
EXHIBIT A
SCOPE OF SERVICESIPROPOSAL,
Page 10 of 12
25H -66
Exhibit A
■ • f • t
RFP No. 002
Geographic Information and Data
k
k
t
CA x
',
Contact. Caroline Stall
�e -oil tSi m pgcorn
25H -67
DIGITAL MAP , UI �mllt.a ta,.t flubilt
PRODUCTS Vithtit %',ot'ht t
AgoiA,
tw(tv,tsl+ttit Iea{vrtss.ttiusttii > ieIII 'ierea( ebandI)aIa
January 19, 2017
Attn: Proposal Review Committee
Trevor Burgan, GIS Administrator
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Ref: RFP No. 17.002; Geographic Information Systems Services and Data
Dear Trevor,
We are pleased to present to you Digital Map products' (DMP) response to the City of Santa Ana Public
Works Agency Request for Proposal (RFP No. 17 -002) for Geographic Information Systems Services and
Data. Our proposal exceeds the requirements of the RFP. As the current provider of GovClarity' ", Aerial
Imagery, and Graphic and County Tax Roll Data to the City of Santa Ana, DMP is in a position to provide a
comprehensive and turnkey solution, meeting and exceeding all of the requirements outlined herein.
The contact responsible for this project is Caroline Stoll. Ms. Stoll can be reached directly at
(949) 333.5192 ar r Our corporate office is located at:
Digital Map products, Inc.
18831 Von Karman Ave, Suite 200
Irvine, CA 92612
Phone: (949) 333 -5111
Fax: (949) 333 -5112
Thanks again for your time and consideration. We Rook forward to continuing our successful partnership
Sincerely,
v
James S. Slsurzynskl
President j CEO
Digital Map Products, Inc.
25H -68
Page I i
` ����[» City *KSmwLm/�oa Public
DIGITAL MAP
�m rn0VoC/S Public Works Agency
pDOPOSA/-WF'P17^OOZ
Gengyrgphir|o6»rxumdmuOys\emu-, Services and 0xua
TABLE 0E CONTENTS
TABLEOFCONTENT$.... ...... ... .... ... ...... .. ........... .-..^......... ................ .... ....... ..... ,.. .... �2
STATEMENT 0F QUALIFICATIONS ....... ...... .............. .............. ................ ....... .... ...... ........................... 3
ProjectOWsctives-. ............. ......... --........... ................. ..... ..... .......... .......... .............. ,...........
FIRM AND TEAM EXPERIENCE, ...... ~~. .... ... .. ..................... ....... ........... ~~~~~..~ ........... 4
CompanyOverview, ~~,~ ........ .. ....... ~.~ ......... ~ .... ..... .................... ............... 4
ProjectTeam Members .............. ....... - ...... . ~.- ....... ^.. --- .............. .... ...... ............ - ........ .......... 5
UNDERSTANDING OF NEED AND 3CHEUULE-.. ............. ..~.~............... ~~.-~ .......... ......
.~,~�9
RELEVANT PROJECT EXPERIENCE AND REFEREN[ES~.~~~~_.... --- ................ .... ~~ ........ -..12
AGREEMENTSTATEMENT .... ..~~-~~ ........ ~ ... ~~ ...... .............. ............. ...... .............. .............. ............. 14
ATTACHMENT 1: SCOPE OF WORK ...... ...... .~.~.~^~.~~.-...... .~..~.—.15
PROPOSAL 0PUDNl: Cloud Based (Hmstnd) Map Based Application ....... ...,......... ~...~~ ......
..,.15
ProjectScope ............. .............. .... .~.~~~..~..~...,.,- .............. ....... ..~.~-........ 15
6ovC|arityw Overview .... .............. .~.~~...~.~~.~.................. ....... .... ... ..... ............... .......... 16
Layers...... .^...-,.~....... ...... . ....... .................... ..................... ...~~.~17
FmntoreuiTuuls.. ..... .............. .....~.......... ..~...~....... ....... . ...... .............. .......... . ............... 18
Reports}0o1put- ...... ........... .^... ........... . ......... . ... .... ....... . ................. ........................ 19
Integration with City Applications ... ^. ...... ...... .. .... ---- ............... ,....... ........ ..... _. ........ ........ 20
PROPOSAL OPTION 2: Digital Aerial OrthopbotoQ/anhy~. .... ..... ..... .. ..... .......... ........... ....... . .... '2l
Project...... ....... ........... .~................................ ................. ......... 2.1
Project Rpquireme:b-. ... ............. .~ .................. ..- ...... . ............. .............. ......... ....... Z2
PROPOSAL OPTION 3:Graphic Parcel and Assessor Data ............. ~. ......... ^~-......................... l5
ProjectScope ...................... .. ............................................ . ...... ................. ....... .......... . ... ........... lS
Project Raqui/*n}ents.~ ...... . ... .. ........... ,. ......... .. .............................. ... ........ ,.................... 26
REQUIREDFORMS ..... ....... .... ....... ~~........ .-..~........ ....... ....... ....... .......................... .......... Z9
FEE PROPOSAL (Separate seated envelope)
Certifications
Data Boundary Mali
page1Z
��U���
��U�����
DIGITAL MAP
PRODUCTS
STAfFM&N'l O1 QUALIFICAT:4 NS
of Santa Aria i'ulalic
Public_ Wol-Ics Age, ncy
i'EtC)I'OSA9, RFV 17 002
(,a ogl aaphic InIIwna<ato) I Systems sservIces an (I [Rata
Digital Map Products, Inc. (DMP) is the Inventor of the public /private partnership model that now
facilitates the sharing of county land based information. DMP's core competency is acquiring and
processing these different data sets and providing an easy to use navigation tool to leverage this content
from one location. As the existing service provider, DMP is uniquely positioned to provide the City of
Santa Ana with highly competitive pricing, a continuation of service with no interruption, and custom
tailored support gained from years of experience. We are equipped to provide all the objectives of the
project, faster, and more efficiently than any other proposer.
DMP chooses to submit a response for Proposal Options 1, 2 and 3 as defined in this RFP.
For Option I —Cloud Based (Hosted) Map Based Application, DMP is proposing our GovClaritylm turnkey
and hosted subscription application for the City of Santa Ana employees. This is the application currently
in place at the City, leaving no Interruption or lapse in service. The DMP Software as a Service (saas)
model allow clients the ability to enjoy enhancements, ongoing support, and product training options all
as part of their license agreement. As DMP grows and evolves their customers do as well.
For option 2 — Digital Aerial Orthophotography, DMP is proposing onsite and strearning /hosted delivery
of Eagle Aerial Orthophotography. This imagery is currently seamlessly integrated into the City's
GovClarityl" account with regular updates, leaving no interruption or lapse in service.
For option 3 — Graphic Parcel and Assessor Data, DMP is proposing our SrnartParcels'' , meeting and
exceeding all of the project scope requirements and creating continuity in the data throughout this
comprehensive approach. By continuing with DMP SmartParcel.sl" the city will experience a seamless
continuation with no change in schema or format.
Project Objectives
As the existing provider of the City of Santa Ana's GovClarityi0 environment, Orthophotography, and
Graphic Parcel and Assessor Data, Digital Map Products understands all of the stated project objectives
and is prepared to exceed them. We have realigned our project team to provide a single point of
contact, better serve you and ensure your requests are handled in a timely fashion. From our product to
our project Learn — we are thoroughly equipped to exceed expectations and expedite service to you.
Page 1 3
25H -70
DIGITAL MAP 0ty of Santza Ana € ublic
PRODUCTS Iluhlis Works Agency
F'Rt)['t"SAI, - UT 17 -002
Geog;raplaic Inforntatioii Systems Services and Dora
FIRM AND TLAM EXPERIENCE
Company Overview
Digital Map Products, Inc. (DMP) has been in business since 1.997 and is a privately held company based
in Irvine, C AI .- cc,,rrij, The work on this project will be done in our Irvine office,
telephone number (949) 333- 5111. LIMP extends the power of GIS to the millions of users wanting to use
a map to interface with data. DMP develops proprietary software solutions that employ a powerful map -
based interface to optimize work Flow by automating research and analysis tasks that previously required
customers to possess specialized, costly expertise and make significant technology investments. DMP
applications are designed to be used by the non - technical audience. The company and its GIS -based
"Software as a Service" (SaaS) model provides affordable access over the Internet. DMP collects and
maintains the complex databases that fuel the system, providing the industry's only web -based turn -key
solution,
DMP customers are primarily based in the following markets:
• Local, State and Federal Government
• Law Enforcement
• Guilder - Developer
• Residential and Commercial Real Estate
• Real Estate Disclosure
DMP collects data and hosts It through our applications to more than 1000 customers and over 900,000
registered subscribers across the US-
To fuel the DMP Solutions, DMP maintains about 16 terra -bytes of GIS data which is continually
maintained by a team of data developers. Ninety percent of DMP's data repository falls into the Following
categories:
4 Digital Imagery 4 Weekly Sales Transactions
t National Street Centerline Database 4 Parcel Boundaries
4 Property Record Tax Roil 4 Scanned Assessor Tax Maps
4 Flood Plain Data 4 School District Boundaries
DMP's data development expert's research, collect, aggregate, enhance and maintain these databases
on a continual basis. This extensive ongoing effort is transparent to the everyday users of DMP's SaaS
and Data products.
Because DMP maintains such a comprehensive data repository, this bulk data is nIade available on a
very cost effective balls to more sophisticated GIS users who maintain their own hardware /software
platform. A growing number of DMP customers are becoming users of both bulls data and SaaS
applications.
Page 14
25H -71
f:ity of S,mt,a .Ana Klbhl '
Public bVorlvk ,Agency
PROPOSAt, -- HH' 171-002
Geu„ =.rapim iaahwau.aimn Syyteaa?s Scervitea and Data
DIGITAL MAP
PR0D UCr5
Project Ieam Members
James Skurzynski, President and Chief Executive Officer -1997 to present
Jim Skurzynski is President and CEO of Digital Map Products Inc., a leading provider of location technology and
data solutions. As one of Digital Map Products' founders, Jim has turned the company's vision of simplifying
spatial technology and bringing it to a wider audience into reality.
Digital Map Products was the first in its Industry to deploy Internet based spatial applications through a
Software -as -a- Service model. in addition to driving innovation at Digital Map Products, Jim has led the
company to several consecutive years of record sales and profitability. The company's current offerings
include SaaS applications, a spatial development platform and location content solutions all of which enhance
decision- making and problem solving In markets such as government, utilities, and real estate.
Jirn's career has been distinguished by his ability to extend the value of complex technology to new markets
and users by simplifying its use and employing cost effective delivery models. Prior to Digital Map Products,
Jim was Managing Partner at JSA International where advised international organizations in the creation of
cross-border spatial technology partnerships. Before JSA International, Jim founded a company that helped
Mexico's federal government convert their real property information to digital format. Early in his career, Jim
successfully built and sold a company that pioneered a new class of affordable Computer Aided
Design /Engineering software for small and mid - .sized architectural and engineering firms using a timeshare
model that was similar to what we know today as SaaS.
Geoffrey Wade., Chief Technology Officer -° 2000 to present
Geoff Wade is Chief Technology Officer of Digital Map Products Inc., the leading provider of location
technology and data solutions. Geoff is responsible for the company's overall technology development,
product management and engineering initiatives, generating spatial based SaaS technology and data offerings
for business and government.
During his time at Digital Map Products, Geoff's vision and foresight has fostered the creation and
development of the company's suite of leading spatial solutions, including mapping development platform
SpatialStreaMT ", local government and real estate SaaS products GovClarity " and t.andVision'".
Geoff has held senior engineering positions with companies in the GIS industry, including Thomas Bros. Maps
and Intergraph. Geoff has 30 years of experience in technology systems and engineering.
51 Page
25H -72
City of sS;inta Ana Publir�
Publi( : Works Agency
P&tOPOSAL -- PFP 17 -002
Geographic Infornmlion Sys €e.nas Services and Oata
DIGITAL MAP
PR Or) U CTS
A functional and industry expert, Geoff has deep working knowledge of technology, mapping and data
visualization. Geoff received his degree in Civil Engineering from the University of Sydney.
Ann Schwab, Vice President, Customer Success — 2007 to present
Annie Schwab is Vice President, Customer Success for Digital Map Products Inc., the leading provider of
location technology and data solutions. Annie oversees the overall growth and direction of the company's
customer success programs and initiatives. She leads multiple teams in the pre - sales, onboarding,
Implementation, customer support, and customer development processes. for this project, Annie will provide
strategic oversight and serve as an escalation point for issue resolution.
Prior to Digital Map Products, Annie was a strategy consultant for the aerospace and defense industry,
advising clients on emerging technologies, complex data analysis, and competitive intelligence. She has held
senior positions with Global Business Analysis, Kroll, and Andersen. Annie has over 13 years of experience in
strategic consulting, marketing and technology.
A regularly featured speaker at industry conferences, Annie has expertise in mapping, cloud computing and
data visualization. Annie received both her MBA and her undergraduate degree from UC Berkeley.
Skip Cody, Senior Customer Success Manager -2004 to present
As a Senior Customer Success Manager, Skip Cody is responsible for the support and growth of some of our
largest clients across several industry verticals and DMP solutions. Skip will serve as the Project Manager for
the City of Santa Ana and as such will be the main point of contact for the City, coordinating the tasks and
deliverables for this contract.
He has been with DMP since 2004 and has worked in the GIS /Mapping industry for the past 20 years. Skip's
prior work experience was as an application engineer at Thomas Bras. Maps (Rand McNally). He has helped in
the design and delivery of many successful CIS application integration projects in both the private and public
sector. His project experience ranges from Stat synchronization projects with MIS and Title Companies, to
custom GN workflow applications within State, and Local government.
Caroline Stoll, Director of Customer Development -- 2012 to present
Caroline Stoll is Director, Customer Development for Digital Map Products Inc., the leading provider of location
technology and data solutions. Caroline manages the overall growth and direction of the company's account
6(Page
25H -73
&.itv iA timnta ,Ana i'u lic
i'cragt,rtthic inliere:aatscan Systvmt N'4 vu '.s and Data
DIGITAL MAP
FRODUCtS
development: strategy and initiatives, and is responsible for leading a team that empowers government, ROW
and asset management firms with easy -to -use mapping solutions and comprehensive data solutions.
Caroline has 13 years' experience as a solutions consultant in the public and private sector. She specializes in
account growth, strategic planning, market development and insights, and stewardship of the company's
portfolio of products.
Caroline receives,! her O.A. in Liberal Arts and Sciences from Seattle university.
Steven Cheng, Director of Data Development — 7001 to present
Steven Cheng Is the Director of Data Development at Digital Map Products Inc„ a leading provider of location
technology and data solutions. Steven oversees his team in developing and maintaining a large scale spatial
data warehouse fueling the company's location technology and content product offerings.
Steven has extensive training and experience in spatial data modeling and integration, database
administration and development, large scale cadastral data integration, and technology development as well
as expertise in GIS. Steven brings a unique ability to add business value to CIS data by aggregating data frorn
disparate sources to enable meaningful analysis.
Stevan received a degree in Surveying Engineering from National Chung Kung University In Taiwan, and a
Master's degree in Geodetic Science & Surveying with a specialization in Digital Mapping and Geographical
Information Science from Ohio State University. Steven has also participated in training and education
programs from institutions including ESRI, and the Oracle Taipei Education Center and The Institute for
information Industry, Education and Training Division both In Taiwan,
Karen Figgins, Product Manager, Government solutions — 7004 to present
Karen is the Government Solutions Product for Digital Map Products Inc., the leading provider of location
technology and data solutions. Karen has 15 years' experience working with government, particularly local
government, Prior to joining Digital Map Products, Karen worked in the IT Department at the City of Irvine.
Karen has spent much of her time at DMP working directly with our government customers and training them
to use our products. Through this direct interaction Karen has a deep understanding of their needs and
concerns. Karen is responsible for working with our government customers to drive Improvements in our
products that empower government employees to provide greater service to constituents,
7 1 P a g e
25H -74
City of Santa Ana Public
Public Worli s Age3nclv
PROPOSAL - RFP 17•002
{+coffal hic helot'nnatio n Systems Services and Data
DIGITAL MAP
ORODucrs
Marc CiIurzo, Product Trainer— 2016 to present
Marc is a Product Trainer for Digital Map Products and is responsible for developing and delivering initial and
continual learning sessions for DMP's SaaS customers. Working on conjunction with Skip and Annie, Marc will
provide custom training sessions to the City.
He holds a Bachelor's in Geography frorn LIC Santa Barbara and has technical expertise in GIS, Remote Sensing
and SQL.
81 Page
25H -75
f 0i 40 Sa lit zi Ail a Public
PlAhlic 6Y`rrr hs agency
t'tttil10S Xl Itt ll ]7 - {It?L
t,araari Aj)hic Ililorinaatton Sv+tvnl` ' mk'rvices. and Dalai
DIGITAL MAP
PROOUCTS
�troocvsal Cp,ioo 1 t loud based (Iiosted) Map Based Apvlwa* C
Scope of Services:
1. Work phases to be completed
a. GovClarity'" Is already implanted at the City of Santa Ana with the included requirements .so
there is no work to be completed for a seamless integration.
2. Tasks to be accomplished
a, Upon Notice to proceed and Fully Executed Contract, DMP will schedule onsite training with
City GovClarity'" users.
3, Deliverables to be provided
a. GovClarlty'" with unlimited access for all City users.
Schedule:
GovClarhy" is already implanted at the City of Santa Ana with the included requirements so there is no
work to be completed for a seamless Integration. We will schedule training to take place within 30 days of
fully executed contract.
P100 0',d C�pti,�n �giral Aw i:al t�rtl +oph for „;tty
Scope of Services:
1. Work phases to he completed
a. Capture
b, Processing
c. Integration
d. Delivery
2. Tasks to be accomplished
a, Capture using a state-of-the-art, calibrated, full format mapping camera. Concurrently,
detailed locational and positional information is captured by on -board computers and is used
along with the imagery to create a digital elevation model that is used to ortho- rectify the
imagery and create a highly horizontally accurate product.
91 PaP,e
25H -76
City of Santa Ana Public
Public 4 of ks Agency
PI OPOSAI RFP 17 -002
(mc ogfraaphir Intornaation Syuternw Services and Data
DIGITAL MAP
Praoouci's
b. Processing is done in a multi -step method. Once the elevation model Is created, the irnagery
is rectified. Next, the imagery is placed into the proper projection in order to merge
seamlessly with other datasets contained in the GovClarity platform. The imagery is then
tiled properly and specially prepared to be able to be streamed into the GovClarity platform
using the processes that have been developed and fine -tuned by Eagle and DMP over several
years in order to provide excellent performance.
c. Integration is completed when the. updated imagery will begin to be streamed into
GovClarity.
d. Delivery is completed through streaming integration in GovClarity and on site delivery to the
City in GEO Tif and MrSID.
3. Deliverables to be provided.
The deliverable will include annually updated 3 -inch pixel resolution ortho- imagery both onsite in CEO
TIT and MCSID and streaming into GovClarity.
Schedule:
a. Capture: May and /or June of each year
b. Processing: July /August /September of each year
c. Integration: September /October of each year
d. Delivery: October or November of the year in which the imagery is captured
Prom +)Sal Option 3 — Graphic Parcel and A lessor Data
SCOPE (if SE'Rlrlf:f: S 9, 3CHE1Jlil -.
Scope of Services:
1. Work phases to be completed
a. Acquisition
b. Integration
L DGN Conversion
c. Delivery
2. Tasks to be accomplished
a. Acquisition of data:
I. County Public Works provides Graphic Parcels and Street Centerlines
H. County Assessor provides Tax Roll updates
101 Page
25H -77
i i(ywf Smnta Ana Pub|ic
|`ubA'ktm ks Age ory
PKWPOS&L -&FP 17 002
G«uArapblc inhm 111ob^nsy'�trm\xserv|. e�unJ Dutu
DIGITAL MAP
pe000Cr$
h. Integration: DIMP proprietary processing and ETL workflows to assimilate data into DIVP
databases.
L Conversion of source data toDGN format as required byCity
c. Delivery: DMP workflows and processing to create. data in requested formats required,
Posting nf data tuDMPFTPsite.
3. Deliverables include:
a, File Gendatabmcnf orange County yarres and Centerline data, annual delivery
&. Ivicrastation DGN of Orange County Parcels and Centerline data, annual delivery
c Cmunty Assessor Tax Roll Data, quarterly delivery.
Schedu|e
l. O,aph|c Orange County Parcel 6|3Data
a, R|eGeoda,abasc
i Parcel Data
(d Annual Delivery
(a) 30 days from standard format acquisition from county
H. StreetConter|ine
(l), Annual Delivery
(o)38 days from standard hormotacquio|dn"onmcounty
b.y0icrootabnnDGN
i Parcel Data
(1) Annual Delivery
(a) 30 days from standard format acquisition from county
{k Street Centerline
(1) Annual Delivery
(a)JO days from standard format acquisition from county
%. Tabular Orange County AaseonrTax Roll Data
u. yNicrosuftAzcess
(1) Quarterly Delivery
(a) Jao/ April / Aug /Dec
b.LG|Wl
(1)T8D pending future potential addition v[ this format.
(a) Target date TKQ pending future re`earch/co|iaboraUon with Santa Ana
1l|yaQ~
��U���
��U��K8
City (rf Santa Ana Pttt)li(
1'ulrlic Works Age ntT
i'ROf'OSAI. — RFP 17- 002
Geographic Inforni aHon Systenns Services attd Data
DIGITAL MAP
Prenoucrs
RkLEVANr PROJECT EXPERIENCE AM) REFERENCES
The The City of Santa Ana was DMP's first customer in 1997. Since then the company has added dozens of additional
cities as customers in Southern California, diversified nationally with its local government business and
expanded into other complementary markets with the same core products being proposed herein to the City of
Santa Ana. Today users of the DMP technology and data include Microsoft, Googie, Zillow, Trulla, CoStar, Fannie
Mae and the US Census Bureau. DMP recently signed a statewide master license agreement with the State of
California to provide like products. DMP powers mapping technology for 3 of the top 5 residential real estate
multiple listing services (MLS) in the country and provides map -based real estate information to the desktops
and mobile devices of 16, 000 commercial real estate professionals nationwide. Almost every logo from the Top
100 Builders in the USA is also represented on the DMP customer list.
Select references for organizations with relevant project requirements of the City of Santa Ana are provided as
follows:
State of California
Digital Map Products recently established a Statewide Enterprise contract with the Department of Technology,
providing access to DMP's SaaS applications, Content Solutions, and Platform. Through this new contract, the
State of California is initially adding 20 departments with 2,500 active users accessing ourSaaS products, as well
as SmartParcelp" data delivery for all 58 counties of California, with unlimited user access, and also access to our
API for internal development of existing state applications. Prior to the statewide contract, The State of
California has been a client of Digital Map Products for the past ten years using both Software -as -a- Service and
Content Solutions in six separate agencies.
Sponsor: .john Carotta
GIS Office of Technology Services
California State Department of Technology
3101 Gold Camp Drive
Rancho Cordova, CA 95670
(916) 464 -3747
Orange. County Assessor
Orange County Assessor was provided with the GovClarity`" Software -as -a- Service deliverable along with the
underlying SpatialStreamn' development platform. These components wore integrated into the Assessor's
121Page
25H -79
Cii of S:uita Ana Pub is
Public b4 of 1%s Agt,m v
1,140POSAi.- -1111' 1', 002
sl3hrc iI I I oriia.r tiun systeitc, ser'vw s and I)X,i
DIGITAL MAP
PROD 7CTS
along with other third party software and systems developed Internally by the Assessor. OMP products are
used as the primary visual interface to the Assessor system for both internal desktop and field computing
applications. DMP also provides a full complement of onsite data which includes parcel boundaries, current
and historic aerial imagery. DMP has been a preferred provider to the Orange County Assessor since 2005 and
worked with the Assessor to showcase their award - winning solutions throughout the State of California.
Sponsor: Kenn Dobson
Orange County Assessor
625 N. Ross
Santa Ana, CA 92701
714.568.9849
City of S.y„ luau% Capistrano, CA
The City of San Juan Capistrano was provided with a GovClarity "" subscription to access the orange County
Parcel and Right-of-Way database, property ownership information, Thomas Bros. Maps digital database, 3"
color imagery, environmental geo- hazards database and black and white high resolution orthophotography.
Along with these base data sets, the city has posted data including water, sewer, and storm drains, created by
outside consultants as well as providing the city's zoning designations in digital format for access by
devetopers. GovClarity'" works in parallel with the city's minimal number of existing ArcView licenses as the
enterprise wide deployment solution for ,staff to access the city's data. Staff members throughout the
organization access the city's GIS data over the Internet at their desktops and the public counter.
Sponsor: James Fournier
GIS Specialist
City of San Juan Capistrano
32400 Paseo Adelanta
Sari Juan Capistrano, CA 97675
949.487.431,4
City of Mission Viem, CA
The City of Mission Viejo has been a client of DMP since 1999. This city was provided with a GovClarityw"
subscription to access the Orange County Parcel and Right-of-Way database, property ownership information,
3" color imagery for their internal GIS and CommunityViev✓ "`" for their community-facing application. OMP
131 Page
25H -80
�jtyof S�tnta Ana Public
Publit VVorks/k�nmcy
PROPOSAL -RFPy7 003
DIGITAL
�
m �x"*no ��
pwVuoCrS
works closely with their team to meet their needs in accordance with their internal system, their customized
data requirements and the data they display ,o the public.
Sponsor: Richard Schlesinger
City Engineer
City of Mission Viejo
2O0 Civic Center
Mission Viejo, [A 92691
949.470,3079
DMP concurs with provisions as contained in the standard agreement attached as ATTACHMENT 2: STANDARD
AQREEMENTintheApppndixof\hisRFP,DyNPwi||ncqoirsnvrstandord[ontentwndVYebSe/viceoTe,msmnd
Conditions tobe included in final executed agreement.
141Page
��U�
���U� �
-��U
[ltyof Santa Ana Yubhn
11ubI^ Y�orku&ueofy
|`@0N)5A| - OF1' 17 002
(W I/wropbic|uforn/uL ion syshroons,v»/I ce,oui IMato
�
DIGITAL MAP
pnoVoCrS
ArTACHM[mT1: SCOPE brWORK
PRop054L OPTION LOo:dQ,�`ed(xnotvd) Map Based xppWabun
Project Scope
The City uySanta Ana seeks access to a turnkey, hosted, map-based application for their in-house staff. DIVIP is
the current provider of GovClarityw, the hosted map-based application used by the City of Santa Ana and
hundreds o[ users throughout the state. )NIP proposes to continue to provide the City of Santa Ana with
GavClarity'm, which will serve up data, including hit not limited to parcel boundaries, assessment data, aerial
imagery, street ce,tprlioes/ land use, etc.
GovClarity'll provides a powerful, easy-to-use web-based software application that enables users to find, view
and interrogate subject properties, Use aerial imagery backdrops and parcels to analyze spatial data, access
property and tax data to find ownership, and use the drawing and annotation tools that incorporate aerial
imagery and search inquiry tools Into presentations, and more, With Gov,Clarity", agency staff will be
empowered from the start with functionality and capabilities to truly interact with City maps and data.
Additionally, GovClarityr" is much more than a simple. data viewer but serves as Fin effective collaboration tool
for a wide range of spatially related projects. The latest GovClarity'" 50ftWare updates and technology
additions are automatically installed and available to subscribers as part of the iervice.
With the licensing of Gciv,Clarftyw, your Inform ation'Te ch nology IF) staff will not be tasked with complex,
vertical technology implementation, Using the ¢ovOah*/`m Hosted Subscription model, Dk4Ptakes
responsibility for everything "behind the screen". DMI) offers high availability 124/7) and performance
(application uptime minirrunt of 99.9%), as well as all system and data backups, offloacing niainteriance and
infrastructure headaches from I F staff. The. DMP application service platform is co-located at a secure S10OM
SBC facility in Irvine and Phoenix, Arizona. With this model, DIVII) clients enjoy the benefits of easily accessible,
large-scale, highly functional systems that do not requim extensive resources or personnel to develop and
maintain.
Sy»tem Architecture yGmnm/aiRmpu|r*nmno
• The vendor will provide unlimited user account based access to the hosted map based application
for all city employees,
DMPxwKl conhnw:~o provide un|imkedGun0arity`"Licwn»t,5 for the City wf Santa Ana
omp|nVrri
• Each user account will use pass-thru auldhentication using a custom designed City intranet website
15 1PaQc'
��U���
��U����
City of Santa Ann Public
Public Wor -ks Agency
PROPOSAL - RFP 17-002
Geographic Information Systems Sei•vices and Data
DIGITAL MAP
PRO DUCTS
that will pass the user's city network credentials to the hosted map based platform for
authentication on the hosted map based application.
CiovClarity'� will continue to provide auto-login based on user network authentication.
The hosted map based application will support the use of the following browsers:
c) Google Chrome
a Internet Explorer (Version 11+)
• Firefox
• the sender Will update the hosted map based -application as needed to address browser
security and functionality updates.
GovCiarltyTM meets these requirements.
The hosted map based application will run on servers in a Secure tier-if colocation data facility.
During City business hours, the application availability uptime should be rated at 99.9%. A formal
Service Level Agreement is not required, but the city expects compensation for extended
downtime and will negotiate a fair rate with [lie Vendor.
GovChirity meets and exceeds these requirements with 24/7 high availability and performance
at 99,9% documented uptime, The DIVIP application service platform Is co-located at tier-4
secure $100M SBC facilities in Irvine, California and Phoenix, Arizona. vulth this model, DMP
clients enjoy the benefits of easily accessible, large-scale, highly functional systems that do not
require extensive resources or personnel to develop and maintain,
The Vendor will offer periodic web-based training for City employees.
DMP meets and exceeds this expectation with regular web-based training available to all
customers at no additional charge. Schedule available online. DMP will also provide the Santa
Ana users with customized Posits or web-based training every 6 months,
Support will be available via phone and e-mail during regular City business hours.
DMP support hours are Monday — Friday lam to Spun Pacific,
16 1 PaEo'
25H-83
�
D^mxrL /m�, ��
== PeuuuCr$
Layers
City of Santa Ana Public
Public Works Agency
PROPOSAI,~RF917`00%
Geographic Information Systems Services and Data
The hosted mjp based platform will provide access t* the following layers:
r Underlying map base provided by Bing or Google Maps with option to display up-to date
aerial high-resolution aerial photography.
GovClarity'- meets and exceeds these requirements with Bing Basencap and Oblique's,
and launch outtmGwog|eEmrth.Gow0arity'=m|snsea/n(msv|yintmgrmtesup-tw`dat°Migh'
resolution aerial photography as a core capability for Santa An&
Orange County Parcel data for the entire city uf Santa Ana plus a reasonable buMertu
a|!oe/k// Interagency project needs The parcel graphics will he updated according tvthe
Countyupdate schedule with new information as provided by the Orange County Surveyor
and Assessors office,
ap_�c_el _tnLQc_1n_aL1_on and will coordinatte with the.Counly to correct errors in he data as th _�.y
are fo8uld,
DMPmointmiuq parcel data for the entire County nf Orange and will provide coverage
for the City uf 5m°ta Ana plus e minimum 50O4nn< buffer. BMP updates graphics based
on the County schedule. Parcel Oita errors and issues reported to DMP are sent directly
tw the County ax they are reported.
n
o Orange County Tax Roll data for die entire city of Santa Ana plus a reasonable buffer to
allow for interagency project needs This data may be provided by any third-partV
supplier. The tax roll data should include ALL possible fields collected by the, County
Assessor and the vendor should attempt tu ensure the completeness ofALiprovided
fields in the tax roll data,
OMP maintains Orange County Tax Roll data for the entire County of Orange and will
provide coverage for the City of Santa Ana plus a minimum 500-foot buffer, The tax roll
data includes all possible fields collected by the county assessor, which are vetted for
completeness and updated regularly WyOMP�
1 lie tax data will be integrated into the hosted map based platform so when a user
selects a parcel onscreen they can see the linked tax roll data attributes for that
parcel.
GovClarlty'" meets and exceeds this requirement with parcel identification.
The hosted map based application will provide. several methods for producing
buffer notification reports (e.& distance from parcel, selection from CUStOlin
pn|ygvnshapcUics, selection from custom drawn markup objects, et") arid output
the revo|hog list }oa variety ufformats.
��U�
���U� �
-��m�
l7\Page
�
DIGITAL nvvvno ��
pRVQocrs
City of Santa Ana Public
Public Works Agency
PROPOSAL ~RFP 17'002
Geographic Information Systems Services and Data
GovClarltV7" meets and exceeds this requirement with buffer and notification
The hosted map based application will allow the user to query the tax roll
data nna Custom selection o/attdbute* and ovtputthe resulting list ina
variety offormats,
GovClarlty'� meets and exceeds this requirement
The hosted map based application will provide upto15 years n|property
transaction history,
GcvClarity"° meets and exceeds this requirement, maintaining more than 15
years mf prop" transaction history.
o Ma7ard Layers ~ The vendor will provide various government created hazard byeoand
update them asneeded/neqoested.(Spismit' Fire, Flood, Manmade, etc)
GwvOarity"° meets and exceeds this requirement with hazard layers including seismic,
fire, flood, manmade and more.
o Census Layers —The vendor wifladd new census geography layers as they are released.
(Tm't, Block Group and Block level dataj
GovClarlty' rneets and exceeds this requirement — all updated layers are immediately
available t* the end user through the application interface.
u Custom shapefiles — The hosted map based application will allow the loading of custom
dl§2Cf_Hk2,fo/ display, Ado)ioistraio'swiUbe able \o load flies for all u>a,stvview.
Ind iv{dua| users *i||be able to|oadshmpen|es for personal use vn their user account.
GmvclarMlrm" meets and exceeds this requirement. Users can load custom mhmpeN|8esfor
personal use on their account or to be shared with other users, and administrators can
food custom shapefiles for use In their personal account, or shared for all users to view.
u The application will offer various symbolizatfon choices for layers: colors, line styles,
point symbols, etc.
GovClarity'� meets and exceeds this requirement with robust symbolization.
Features/Tools
*
The hosted map based application will offer various markup /drawing and measurement tools,
including the ability tu draw a rectangle using two points ofinput.
GwxClarity' meets and exceeds this requirement with robust drawing tools, enhanced with the
ability tm draw a rectangle using two points uyinput.
1D1Poge
��U�
���U� �
-���
City of Santa Ana Public
Public WoHts Agency
PROPOSAL - RFP 17.002
Geographic Information Systems Services and Data
DIGITAL MAP
PRODUCTS
Markup layers should have the ability to be made persistent and saved for later use.
GovClarity'" meets and exceeds this requirement. All markup layers can be saved and will persist
for later use.
The hosted map based application will offer the ability to save various map views and
bookniark locations for later use.
GovClarity *" meets and exceeds this requirement. Saved Map Views will retain all details of
existing inap composition (layers, zoom, filters, etc.), and can be shared with other account
users. Saved bookmarks locations provide for quick return access to a location for later use.
+ The hosted map baser) application will offer various search methods to find locations. (Address,
APN, Intersection, etc.)
GovClarity'" meets and exceeds this requirement. Users may search by APN, Address,
Intersection, Lat /Lon, owner name, and more.
Reports / Output
+ The hosted map based application will offer several methods to generate printed maps and reports.
GovClarity"" includes robust turnkey print and reporting capabilities as well as the ability to
custom configure printing and reports at the discretion of the customer.
o Required formats:
" Reports: Microsoft Excel or Comma Separated Values, Adobe POF, assorted
Avery Label formats for owner and occupant address lists.
GovClarity'"° meets and exceeds this requirement.
Maps: Adobe PDF or JPEG formats.
• Ability to add custom titles and footnotes
GovClarity'" meets and exceeds this requirement.
• Ability to include /exclude rnap legend
GovClarity' meets and exceeds this requirement.
• Ability to specify custom map scales,
GovClarity " meets and exceeds this requirement.
• Ability to specify custom paper sizes: (Letter, Tabloid, ANSI E, etc.)
GovClarityTM meets and exceeds this requirement,
The hosted map based application will offerthe ability to save reports and recall them for use at
a later time.
GovClarity'" meets and exceeds this requirement.
19IPage
25H -86
City of Santa Ana Public
Public Works Agency
PROPOSAL - RFP 17.002
Geographic Information Systems Services and Data
DIGITAL MAP
PR0DUCTS
Integration with City Appidcations
The hosted application will integrate with the City's custom internal EDNIS (Electronic
Document Management System) website to allow for spatial selection of City engineering plans
and documents.
a From a custom layer of street centerlines, interactively select street via a two -point
rectangle (inside selection or pass -thru selectkmn .
o Build a custom URL based on that selection.
c, Pass the custom URL to internal EDMS document server to display relevant documents.
GovClarityl" meets and exceeds these requirements today through the following
features:
• Tool bar customized to add "Find Drawings command, using the draw rectangle
to complete the workflow described above
• Added draw rectangle tool to draw tools menu
• Created intersection locate based on City's street centerline data
• Tool bar customized to add the reset map command
Through City application integration, GovClarity offers deep insights into your data and builds
the foundation for exceptional constituent service. Location is the log"I integration point for
local government data, systems and activities. GovClarity can be custom configured to integrate
with existing and future City applications at the City's discretion.
201 Page
25H -87
City of Santa Arta Public
Public Works Ageocy
PROPOSAL - RFP 17 -002
Geographic Information Sy:tents Services and Data
DIGITAL MAP
PRODUCTS
PROPOSAL OPTION 2: Digital Aerial Orthopheatography
Project scope
The City of Santa Ana seeks to acquire 7.5 cm (V) pixel resolution color digital Orthophotography. The
Orthophotography will be captured with a large format calibrated digital aerial mapping camera, it will be
ortho- roctified using an accurate DTM created from the digital imagery (accuracy and additional specs
below). The project limits will be based upon the attached boundary description document (Attachment 5),
DMP Proposes the continuation the integrated Orthophotography already in place at the City provided by
Eagle Aerial, which meet and exceed the requirements laid out in this scope of work. Eagle and DMP have
worked for years to integrate Eagle's streaming service with DMP's SaaS platform at a level of performance
that is industry leading and free of lag and failure issues that often occur when merging diverse solutions.
The integration process was complex and required the implementation of proprietary technologies and skill
sets that allow the level of integrative performance between the Eagle imagery stream and the DMP
software solution to be seamless. Due to the extensive efforts over the years, performance specs meet or
exceed the following industry leading standards:
Availability: 99.99% uptime
Response Times:
90% tiles under ASOms
49% tiles under 800ms
99.99% tiles under 120oms
The City desires to have one point of contact for all interactions with the Vendor in regards to the Digital Atrial
Orthaphotography Project. The City also desires the option to change the point of contact as needed during
the course of the agreement, at the City's discretion.
See Project Management and Oversight proposed in Company overview – Project Team Members,
The city desires to enter into a three -year agreement with the vendor with the option to extend the agreement
for an additional two years. In the sealed fee proposal, the Vendor will provide four (4) quotes based on the
project requirements listed below for the following deliverable schedules:
Initial Three Year Contract Schedules:
Delivery Schedule one: Imagery flown and delivered in years one, two and three.
Delivery Schedule Two: Imagery flown and delivered in year one and year three.
ExtendecJ—Fptlrt1Laan I fifth Year Contract Scheduig
Delivery Schedule Three: Imagery flown and delivered in year four and year
five. Delivery Schedule Four: Imagery flown and delivered in year five.
211Page
25H -88
(Ity ot.rsaa,ta Ana 11uhh(
i'uhhc Worizs Agency
4'htJt'OSA14 -RFI' 17-1)c1'
Geographic tnhwtuation Systems Services arts# Data
DIGITAL MAP
PRODUCT$
Project Requirements
Horlaontal Aqg L4 rr c
The daturn for horizontal adjustments and positions must be the North American Datum of 1983 (NAD 83).
The datum for vertical adjustments and elevations will be the North American Vertical Datum of 1988 (NA VD
88). Further, it must be adjusted to the 2007 [POCH adjustment by the County of orange to account for
ground shift In orange County that has caused 2.2' average shift from the 1988 NAD datum. All horizontal
values must be published in the California Coordinate System 1983 . (CCS83), Zone 0, State Plane values in U.S.
Survey feet.
Eagle Aerial Orthophotography meet and exceed these requirements,
The ortho Images Must be tied to the current Geodetic control network Prom the orange County Survey
Department. They must also have a horizontal accuracy of plus /minus one foot or better throughout the
project area.
Eagle Aerial Orthophotography meet and exceed these requirements.
Ejight Ca njaion
All aerial photography must be performed in accordance with specifications established by the American
Society of Photogrammetry acrd Remote Sensing. A large format, calibrated digital mapping camera with
forward motion compensation must be used. T'he vendor will deliver a Camera Calibration Certificate for the
camera used. Planning and acquisition will be performed under the direction of an ASPRS Certified
Phatogrammetrist, The Vendor will provide a copy of the certificate confirming the ASPRS certification
upon request.
Eagle Aerial Crrthophoteagraphy meet and exceed these requirements. Eagle will provide a copy of the ASPRS
certification upon request.
Bather time of day grid time of ye7r
The photography must be captured in the May /June time frame with the sun at least 30 degrees above the
horizon. Visibility at time of capture must be a rninimum of 10 miles as reported at local weather stations to
assure clear, crisp images.
Eagle Aerial Orthophotography meet and exceed these requirements.
221 Pa 8e
25H -89
City of Santa beta Public
Public Worsts Agency
PROPOSAL - RFP 1" -002
Geographic Information Systems Services and Data
DIGITAL MAP
PPODUC FS
Digital 0rthcipl-iotogLqp_hv Production
The orthophotography must be produced with 0.25 -foot resolution or better. All orthophotography must be
delivered In GCb_ TIF and MrSID image file formats with associated World files. The images will be mosaic'd
and seamless in appearance. Radiometric adjustments will be performed to balance brightness and contrast
of the imagery over the entire project area with the intent that It should match the brightness and contrast
of the orthophotography deliverables from previous years. The ortharectified .TIF files must be tiled for
delivery according to an index, tiling scheme, and file naming convention provided by the City. The tiled files
will be edge matched and seamless in appearance. The MrSID compression will be, conducted at a minimum
20:1. ratio to create a singular file consisting of all seamless orthorectified tiles.
Eagle Aerial Orthophotography meet and exceed these requirements.
ORANGE COUNTY AERIAL PHOTOGRAPHY
Eagle Aerial Imaging his been providing aerial photography of the Orange County, California area for nrore
than 20 years. Eagle is centrally located in Orange County, California.
As an Grange County aerial Imagery company, Eagle has provided aerial images, aerial maps, ortho images,
and aerial surveys to the largest and most respected government and private organizations in the Southern
California as well as many smaller entities wanting quick service and good value.
Del ailed summa y af. c eliverabies far each year imagery is f own and deliv_ered,:
• A Camera Calibration Certificate for the camera used for the Plight and imagery acquisition.
A Camera Calibration Certificate for camera used will be delivered with the imagery.
• Document that provides the date, time and weather conditions for the image acquisition.
Documented weather conditions during imagery acquisition will be provided.
• A perpetual enterprise license for the imagery for the entire City of Santa Ana to use, Including
emergency responders for dispatch and inside the MDC units in their vehicles. The city will be allowed
to give copies of the licensed imagery to consultants and contractors doing work on behalf of the city
under a pre - created sub license agreement provided by the vendor.
These requirements are all included in the proposed licensing of Eagle Aerial Imagery.
• The imagery must be able to stream into SaaS CIS service "Digital Map Products - Govt;larity" or other
SaaS CIS web -based service for Ei a dltion la_char�ge.
The imagery is fully integrated into DiVIP's GovClarity product producing a comprehensive
streaming environment for the end user.
231 Page
25H -90
City of Santa Arta Public
Public Works Agency
PROPOSAL - RFP 17 -002
Geographic Information Systems Services and Data
DIGITAL MAP
PROD tic 7S
One complete set of orthorectified image files in GEO_TIF file format with world files matching the
boundary extent as determined by the city. The vendor will work with the City to determine the best
compression method, tiling and pyramid levels to meet the City's needs.
Proposed imagery meets this requirement and DMP and Eagle will work directly with the City to
determine best methods to meet City's needs.
One MrSIO compressed and mosaic'd image file of the entire city matching the boundary extent as
determined by the city. The vendor will work with the City to determine the best MrSID file
creation settings to meet the City's needs.
Eagle imagery meets and exceeds these requirements.
r The vendor will keep a digital copy of the deliverables for the duration of the contract, in the event
that the City needs to re- download them for no additional charee.
Eagle and DMP stores digital copies of deliverables in the event the City needs to re- download
thews.
+ Photo index sheet of tiled files.
Photo index sheet will be provided to show tiled files upon request by the City.
Include an ggljLon for delivery of the 4th band (NIP). The vendor will work with the City to provide a
set of false color orthorectified image files in GECI_TIF file format with world files matching the
boundary extent as determined by the city. The vendor will work with the City to determine the
best compression method, tiling and pyramid levels to meet the City's needs.
Eagle Aerial provides various options for 4`s Band NIR imagery and will work with the City to
determine hest compression method to meet the City's needs, This option is included and all pricing
options included in separate submitted cost proposal.
Includearipp t o for onsite delivery on portable hard disk or downloaded via electronic delivery
(for sales tax savings)
Option is included and all pricing options included in separate submitted cost proposal.
Include an,gp r for a Digital Terrain Model (DTM) and 2-foot Contour Generation. The Vendor shall
create and deliver to the City a digital file of the DTM created in connection with the imagery ortho-
rertification project and derived 2 -foot contours in Microstation DGN file format created using
Phodar, t idar or whatever technological approach Vendor chooses.
Eagle Aerial provides custom, highly accurate, photogrammetrically created elevation and contour
data to assist in slope analysis, hydrologic studies, grading plans, 30 modeling and the like. Contour
intervals as close as 2 foot can be created through a rapid and highly efficient process. This option is
included and all pricing options included in separate submitted cost proposal.
24 1 page
25H -91
City of S anta Etna Pohlir
Public Yi ortcs Agency
PROPOSAL - HVP [ ; - 002
('voge Aphic Intonnafaon ysteraas services and Data
DIGITAL MAP
PRODUCTS
PROPOSAL OPTION 3: Graphic Parcel and Assessor Data
?I oject Scope
The City of Santa Ana seeks to acquire Orange County parcels, centerlines and tax roll data for the City in GIS,
CAD and tabular formats on an annual and /or quarterly basis. DMP is the current provider of Graphic Parcel
and Assessor Tax Roll Data used by the City of Santa Ana and hundreds of users throughout the state. DMP
proposes to continue to provide the City of Santa Ana with SmartParcels "" and centerlines for a seamless
integrated approach and data continuity throughout all products used at the City.
SmartParcels Parcel and Prooerty Data
SmartParcels empowers your geospatial and lunation -based systems, applications and analytics with better
location context, accuracy and interactivity. Leverage the power of nationwide parcel data and property
attribute records, which we standardize and join together from thousands of local government offices on an
ongoing basis. Heighten your location intelligence with our parcel data, unparalleled in accuracy, breadth,
currency and depth of detail.
Ultraprecise and Detailed Pasitional Accuracy
SmartParcels parcel data comprises key elements driving location accuracy and detail:
• parcel boundary
• parcel level geocode orcentroid
• parcel APN /Tax ID number
• parcel address /SITUS
• parcels linked with property and tax attributes such as ownership, land use, assessed value and more
SmartParcels are platform independent and can be integrated into any standard commercial application or in-
house system. SmanParcels can be delivered via our ParcelStream web service /API, a module of
our Spatial5tream platform, providing an easy integration into your applications with unequaled performance
and user interactivity. We also offer SmartParcels via on-site delivery (Shapefile, FGDB) when controlled
deployment on your premises or behind your firewali is desired,
251Page
25H -92
City otSant=a And kruttlic
Public Works Agency
11RO110SAI, - RF'P 17 -002
Geogriphic Information Systems Sevvic €:rs <and Data
DIGITAL MAP
PRODUCTS
Project Requirements
t`tohir Cara U t County ParcCl GCs Data IMiningm�g�z Irementsl
For each year of the contract, the Vendor will provide updated Grange County parcels, centerlines and
other county GI5 data in ESRI File Geodatabase format and Microstation DGN format. Once the County
has released the updated parcels, the Vendor will deliver the processed data to the City within 30 days.
DMP's SmartParceis meet and exceed this requirement. Data will be delivered in File Geodatabase
format and Micrastatlon DGN format within 30 days of County release to DMP.
The City desires a perpetual enterprise license for the parcels that allows unlimited use for all city
employees, consultants, contractor's and agents of the City. The City desires the right to distribute
derivative datasets based on the parcels (zoning, land use, etc.) on an Open Data webaite for download by
the public.
These requirements are all included in the licensing of DMP SmartParceis -'
The City will determine the required fields and projection information for the deliveries. Over the duration
of the contract, the City may require that the parcels be delivered in a format that is compatible with the
ESRI Local Government Information Model (LGIM) schema. The Vendor will work with the City to provide
the parcels in the desired formatjscherna.
Digital Map Products will work with the City to provide SrnartParcels " in the desired format.Jschenxa.
ESRI File, eotlatabase Deliverai5lgs {annual delive vl
• The Vendor will provide the Orange County Assessor's parcels and centerlines in ESRI Mile
Geodatabase format.
DMP SmartParcels and street centerlines will be delivered in File Geodatabase format.
• The Vendor will include a table in the File Geodatabase that relates the ORJECT'ID of the Parcel to the
Assessor's parcel Number (APN). 'T'he Vendor will work with the City to deliver this table in the format the
City desires.
DMP will work with the City to deliver a File Geodatabase table in the format the City desires.
• The Vendor will work with City to deliver the data with the attributes in the schema the City desires.
DMP will work with the City to deliver the attributed In the schema the City desires.
• The minimurn extent of the delivery will match the data extent as indicated in Attachment S of this RFP,
26)Page
25H -93
Cite ofSanta Anaa Pul>lir
i'talriit 1i orlts Agency
PROPOSAL .. RF1' 17 -002
(;e`aauj apilu 8nfua atratiolt `vSiclus Sea'vict's and ii,atit
DIGITAL MAP
PRODUCTS
Dmil Sm'1rtParCel% will com:riue to meet the data extent as indicated In Attachment S.
* The Vendor will deliver the parcels and centerlines within 30 days of the County releasing the updated
parcel information,
DMP will meet the City delivery requirements for parcels and centerlines,
* The Vendor will utilize an : i P site for electronic delivery.
DMis will utilize an rTP site for electronic. delivery.
The Vendor will:
s Microstatipn DGN,_Delivarables_jannual delaigryl
* The Vendor will provide the Orange County Assessors' parcels and centerlines in Microstation V8 DGN
Format.
UMP will provide Smartparcels and centerlines in Microstation V8 DGN format,
• The City will deliver an example DGN file to the Vendor so the Vendor can match the projection, working
units, levels, line styles, colors and all other applicable DGN attributesas required by the City,
DNIP will work with the City's example DGN file to match projection, working units, levels, line styles,
colors and all other applicable DGN attributes as required by the City.
* The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of this RFP.
All data delivery by OMP will meet the extent indicated in Attachment S.
* The Vendor will deliver the parcels and centerlines within 30 days of the County releasingthe updated
parcel information.
DMP will tweet the City delivery requirements for parcels and cemerlincs.
* The Vendor will utilize an PTP site for elr•,ctrvnicdelivery,
DMP wifl utilize RTP site for all electronic delivery
-
271Page
25H -94
City of Santa Aria Public
Public Works Agency
PROPOSAL - RFP 17 -002
Geographic Information Systems Services and Data
DIGITAL MAP
PRODUCTS
7abtalar Oranae County Assessor Tax Rnll Data tM'anlmum Requirements!
SmartParcels Parcel Data Linked with Property Attributes
Our SmartParcels property attributes datasets offers unparalleled insight into real estate. SmartParcels
parcel data linked with detailed property characteristics including ownership, land use, building
characteristics, site details, legal description, tax, valuation, and transaction history to fuel refined property
planning and engagement strategies across all properties you target or service
Digital Map products' SmartParcels parcel attributes data is sourced primarily from assessor tax rolls and
deed updates from county recorder offices with advanced address verification and normalization
techniques.
The Vendor will provide updated orange County Assessor's Tax Roll information in Microsoft
Access Database format on a quarterly basis.
CAMP will provide quarterly OC Assessor's Taff Roll to the City in Microsoft Access Database,
The City desires a perpetual enterprise license for the Tax Roll data that allows unlimited use for all
city employees, consultants, contractors and agents of the City.
DIVIP Smartparcel licensing meets these requirements and needs.
The City will determine the required fields for the deliveries, over the duration of the contract, the City
may require that the tax roll data be delivered Ina format that is compatible with the ESRi Local
Government Information Model (LGIM) schema. The Vendor will work with the City to provide the assessor
data in the desired format /schema.
DMP will work with the City over the course of the contact to ensure data Is delivered in the
desired format /schema.
While the City requires this data to be delivered in Microsoft Access database format, the City is open to
additional new products that feature the tax roll data in other formats. The Vendor will work with the City
to ensure the City's needs are met if any delivery format changes occur.
DM9P will work with the City to ensure the City's needs are met If any delivery format changes
occur.
281Page
25H -95
t 4�� I" AFIi 4 3'"bfit
DIGITAL AP t�i,ta,t �t fit
RUT t°;,i�V
PRODUCTS 6'iat31'874;1R RUT
f, tr�ag; I "d i'li ta. tndV lji L3i71 rgi Stoic "tfiY& S�t'PG'SCE' -.S
awl tlmt
I6i Pittal'aP'ii4
Provided in an attached sealed envelope,
25H -96
REQUIRED FORMS APPENDIX
CERTIFICATIONS
NON- C01 ,r.USIO9' AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section
7106)
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or share; that the BIDDER has not directly or indirectly induced or solicited
any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
BIDDER or any other BIDDER, or to fix any overhead, profit, or cost clement of the bid price,
or of that of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,
or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid,
Note: The above Non- collusion Affidavit is part of the Proposal, BIDDERS are cautioned
that snaking a se certification may subject the certifier to criminal prosecution.
State of Calf rnia
County of .
Subscribed and .warn to or affirmed) before tneon this-& ,,,day of;_ , 20r`f, by
.# , proved to me on the basis of satisfactory evidence to be
the persrfi who a pc;areci before me
Notary Public Scal
f,BIRCC KEYES
CommI$$Jon wl 2104505
Notyty Publkr, Cajltornl4
mange country n
I'�.. .. 1y_Commw(ixultert�,2U�y'>
Page I of 2
25H -97
REQUIRED FORMS APPENDIX
CERTIFICATIONS
NON- DISCRI 1Ni T
The undersigned consultant or corporate officer, during tltc performance ofthis contract, certifies
as follows:
The Consultant shall not discriminate against ally employee or applicant for employment
because of race, color, religion, sax, or national origin. The Consultant shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without, regard to their race, color, religion, sex, or national origin, Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other
forms of compensation; and selection for training, including; apprenticeship. The Consultant
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2 'The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf
of the Consultant, state that all qualified applicants will receive consideration for employrntmi
without regard to moo, color, religion, sex, or national origin.
3. 7be Consultant shall send to each labor union or representative of workers with which lie /she
leas a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the Consuttunt's
commitments under this section, and shalt post copies of the notice in conspicuous places
available to employees and applicants for employment,
4 The Consultant shall comply with all provisions of Exceu'tive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5, The Consultant shall famish all information and reports required by Executive Order f 1246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, rand accounts by the administering
agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with
such rules, regulations, and orders,
6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, the contract may Cie canceled,
terminated, or suspended in whole or in part and the Consultant may be declared inefigibfe for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Execution Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of labor, or as otherwise
provided by law.
Page 1 of 2
25H -98
REQUIRED FORMS APPENDIX
CERTIFICATIONS
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Carder 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontract or purchase order as the administering agency may direct as means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event the Consultant becomes involved in, or is threatened with, litigation with a
subconsultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests
of the United States.
&. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works
because of race, religious creed, color, national origin, ancestry, physical handicaps, mental
condition, marital status, or sex of such persons, except as provided in Section 1420, and any
consultant of public works violating this Section is subject to all the penalties imposed for a
violation of the Chapten
Signed:
Title:
Date:i
Page 1 of 2
25H -99
- - ---- -- Rk UIRED FORMS APPENDIX
CERTIFICATIONS
NQN'-LQBRYINGU UlEILAT-1Qiti
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
his or her knowledge and belief, that;
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making or any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated fund-, have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with as Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Titic 31, U& Code. Any person who
fails to File the required certification shall be subject to a civil penalty of not less than $ 10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be hichi4ed in all lower tier subcontracts, which
exceed $ 100,000 and that all suach sub recipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
z C
Page I oft
25H-100
i
2017 Data Boundary / Aerial Tile Map
�%iN7a25S0 UW:;V' X GGA3744 6GS4gp ry(r�
Y:2TU'tayp.Opaf cd -+ t25tad @.Qd9�tA E7
25H -101
E
F
X
LL
i
4
i
e
r,
r
!i3 <53 pflpf50
% +.d• ".i SSPV+9
Y.2tYt50.Cd)C'U
Attachment5
25H -101
EXHIBIT B
TERMS & CONDITIONS
Page 11 of 12
25H -102
'!PRDIGITAL MAP
ODUCTS Exhibit
Conter B Sublicense
Terms and Conditions
By executing the Consultant Agreement that references these Terms and Conditions (collectively, the "T &C "), You agree that
the T &C terns govern Your acquisition and use of the Licensed Products. If You are entering into this agreement on behalf of a
company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms, in which
case the terms "You" or "Your" shall refer to the entity and its affiliates. If You do not have such authority, or If You do not agree with
these terms and conditions, You must not accept the agreement and may not accept or use the Licensed Products.
1. DEFINITIONS
"Contributed Database" means Databases licensed by certain Contributors to Us with the right to grant sublicenses as set forth
herein and identified on the Consultant Agreement.
"Contributor" means a third party licensor of any Contributed Database to Us.
"Database" means a compilation of geographic, cartographic, engineering, architectural, tabular, text, and/or other data, information,
or works, Including, but not limited to, graphic and /or fie data in automated or manual form.
"Derivative Products" or "Derivatives" shall mean all works created by You which incorporate all or part of the Licensed Products,
including, but riot limited to, any revision, modification, translation, abridgment, condensation, expansion, collection, compilation or
any other form of, or modification to the Licensed Products.
"Intended Use" means the specific works, uses, purposes, end users, and industries expressly described on the Consultant
Agreement. Unless expressly stated otherwise on the Consultant Agreement, the Intended Use is limited to internal geospatial
mapping products, activities, and applications, and does not Include any form of commercial use, distribution, publishing,
sublirensing, modifying, reformatting, creation of derivative works, products, or databases, marketing or telemarking activities,
models or algorithms, application programming interfaces, appraisal, title or other legal reporting, debt collection, insurance, use of
personally Identifiable information, legal services or products, extracting or otherwise modifying, processing, or removing data
elements.
"Licensed Products" means the products ordered by You pursuant to the Consultant Agreement and may include portions of the
Contributed Databases.
"Consultant Agreement" means a contract entered or submitted in response to a Request for Proposal specifying the Services to
be provided hereunder that is entered into between You and Us, including any addenda and supplements thereto. By entering Into
an Consultant Agreement hereunder, an Affiliate agrees to be bound by the terms of this agreement as If it were an original party
hereto.
"Visual Output" means printouts, plots, displays, photographic film, printed matter and other visual representation of data.
"We," "Us" or "Our" means Digital Map Products, Inc. or Its affiliate.
"You" or "Your" means the company or legal entity, and any of its affiliates, for which you are accepting this agreement.
2, GRANT OF LICENSE
We hereby grant, and You hereby accept, subject to the terms and conditions of this agreement, a non - exclusive, non - transferable,
and non - assignable right and sublicense to use the Licensed Products solely for the Intended Use, from the Effective Date hereof
until this agreement is terminated or expires in accordance with its terms. You may produce Visual Output from the Licensed Products
only for the Intended Use,
Subject to the terms of this agreement, You may create and distribute Derivative Products to the extent that such Derivative Products
are part of the Intended Use. You shall be able to use such Derivative Products and all intellectual property rights attributable or
corresponding thereto, royalty -free, in perpetuity, under the terms of this agreement, solely for the Intended Use provided that such
use does not include any attempt to reverse- englneer any aspect of Licensed Products or to compete with Us or the Contributors.
25H -103
Except as expressly permitted herein, You shall have no right to assign, transfer, or sublicense any aspect of the Licensed Products
other than to Your rightful successors or assigns by means of a merger or sale of all or substantially all of Your business,
You shall have no right to resell, redistribute, or relicense any aspect of the Licensed Products, Any resale, Redistribute, or relicenso
rights specifically require a completed Content Solutions Resale Sublicense Agreement separate and distinct from this agreement.
Your contractors, consultants, and agents that You engage for the Intended Use may use the Licensed Products in digital format as
long as (a) these third parties' use is only for the Intended Use, (b) these third parties do not sell, license, or otherwise distribute
Licensed Products or any portion thereof, (c) these third parties must destroy any copies of the Licensed Products or portions thereof
Immediately upon termination or completion of their scope of work as related to the Intended Use, (d) these third parties are not
competitors of Ours or of the Contributors, and (e) these third parties must abide by the terms of this Agreement.
Without limiting the foregoing, You agree that You shall In no event use any aspect of the Licensed Products other than for the
Intended Use.
3. OUR RESPONSIBILITIES
3.1. Delivery Formats and Schedules. We shall make delivery of the Licensed Products to You pursuant to the formats and
schedules designated on the Consultant Agreement. Unless indicated otherwise, We will only make one (1) data delivery.
4. YOUR RESPONSIBILITIES
4.1. Compliance and Protection from Unauthorized Access and Use. You will be responsible for (a) compliance with the terms
of this agreement by any parties to whom you grant access to the Licensed Products or Derivative Products, (b) securing and
protecting the Licensed Products and Derivatives from unauthorized distribution and access, (c) preventing any use of the Licensed
Products or Derivatives outside of the Intended Use, (d) preventing access from any of Our competitors or those of our Contributors
to any portions of the Licensed Products, Derivatives, or any related information; (e) ensuring that no aspect of the Licensed Products
Is used In any way that (1) violates any law, statute, ordinance, or regulation; (2) infringes a third partes copyright, patent, trademark,
trade secret, or other proprietary rights of publicity or privacy; or (3) is defamatory, trade libelous, unlawfully threatening or harassing.
5.1. Fees and Payment. In consideration of the license rights granted in Section 2, You shall pay all fees as set forth in the
Consultant Agreement, plus all applicable taxes, levies, duties, or similar governmental assessments of any nature. Except as
otherwise specked herein or in an Consultant Agreement, (a) fees are based on Licensed Products purchased and not
contingent upon Your actual usage, (b) payment obligations are non - cancelable and fees paid are non - refundable, (c) fees shall be
made In advance at the beginning of each contract year unless specified otherwise in the Consultant Agreement, and (d) You shall
be invoiced in full upon delivery and You will be pay the invoiced amount to Us in full within fifteen (15) days from date of involve.
5.2. Non - Payment or Failure to Pay. A charge of 1.5% per month may be assessed on any outstanding and past due invoices until
paid In full. You will be charged for any cost of collections including, but not limited to, agent fees, legal fees and costs, and other
associated expenses. If Your access and use Is terminated or suspended due to nonpayment or non- compllanca, You shall
nonetheless still be responsible for any fees as set forth in this Agreement. If We do not receive from You payment for the invoiced
amount within thirty (30) days of its due date, We may suspend Your access and use of the Services and Content, until You bring
Your account current.
5.3. Term of Agreement, This Agreement will continue for the period defined in the Consultant Agreement as the "Initial Term ". The
agreement can be renewed for an additional two (2) years upon approval from the City Manager. Upon termination, any non-
perpetual licenses granted by DMP under this agreement are Immediately revoked,
6. PROPRIETARY RIGHTS, ADDITIONAL LICENSE LIMITATIONS, AND CONFIDENTIALITY
0.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We and Our Contributors reserve all of
Our /their rights, titles, and interests in and to the Licensed Products and Contributed Databases, Including all of Our/their related
intellectual property rights. You understand that We may at our sole discretion replace Contributors at any time without notice. You
agree that any works commissioned or undertaken by Us pursuant to or in supplement to this Agreement shall be and remain Our
property unless indicated otherwise. No rights are granted to You hereunder other than as expressly set forth herein.
Content Solutions Sublicense Terms and Conditions Page 2 of 3
25H -104
6.2. Proprietary Notices. We and our Contributors claim and reserve all ownership and rights afforded at law and in equity in all
data, compilations, and materials that constitute the Licensed Products, including, but not limited to, all rights under federal copyright
law. You agree to respect and not to knowingly or maliciously remove, obliterate, or cancel from view any copyright, trademark,
confidentiality, or other proprietary notice, mark, or legend appearing on the Licensed Product or on the Visual Output, including, but
not limited to, any such notices displayed to the user during the operation of the Licensed Products and any such notices in the
documentation, and agree to use reasonable best efforts to reproduce and include the same on any copy of the Licensed Product or
any portion thereof distributed to Your consultants, agents and contractors.
6.3. Confidential Information. Each party agrees to keep confidential all confidential Information disclosed to it by the other party in
accordance herewith, and to protect the confidentiality thereof, in the same manner in which It protects the confidentiality of similar
information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information).
You acknowledge that the unauthorized use, transfer, assignment, sublicensing, or disclosure of the Licensed Products,
documentation, Derivative Products, or copies of any portions thereof will (a) substantially diminish the value to Contributo rs of their
intellectual property, (b) render Our remedy at law for such unauthorized use, disclosure, or transfer inadequate, and (c) cause
irreparable Injury. If You breach any of Your obligations with respect to the use or confidentiality of the Licensed Products,
documentation, Derivative Products, or any copies of portions thereof, We shall be entitled to equitable relief to protect Our interests
therein, including, but not limited to, preliminary and permanent Injunctive relief, Upon (presentation of just cause and) ten (10) days'
written notice to You, We shall, with Your consent and permission, have reasonable access to inspect and audit Your procedures and
to examine Your computer systems In order to determine whether such procedures and computer systems comply with the
requirements set forth in this Agreement.
7. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS
7.1, Our Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HEREIN, NEITHER PARTY MAKES ANY
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. WE PROVIDE THE LICENSED PRODUCTS ON
AN "AS IS," "AS AVAILABLE' BASIS, NEITHER WE NOR OUR CONTRIBUTORS MAKE ANY REPRESENTATION, WARRANTY,
OR COVENANT WHATSOEVER REGARDING AVAILABILITY OR ACCURACY OF THE LICENSED PRODUCTS AND /OR
CONTRIBUTED DATABASES, WE MAY ALTER OR REDUCE THE AVAILABILITY AND QUALITY OF THE LICENSED PRODUCTS
AT ANY TIME WITHOUT CAUSE IN OUR SOLE DISCRETION. NO AGENT OF DMP IS AUTHORIZED TO ALTER OR EXCEED
Tf IE WARRANTY OBLIGATIONS OF DMP AS SET FORTH HEREIN.
NEITHER US NOR ANY CONTRIBUTORS WARRANT THAT THE LICENSED PRODUCTS OR RELATED E -MAILS SENT ARE
FREE OF ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, BY ACCEPTING THIS AGREEMENT, YOU
DISCLAIM ALL LIABILITY AND INDEMNIFICATION OBLIGAI "IONS EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
7.2. Limitation of Liability. Our aggregate and maximum liability in connection with any claim arising out of or relating to this
Agreement shall be limited to a refund of 12 months of fees paid by You to Us. Neither We nor the Contributors shall be liable for any
special, indirect, incidental, or consequential damages of any kind whatsoever (including attorneys' fees) arising in connection with
the Licensed Products, or any failure by Us to perform our obligations, regardless of any negligence alleged.
7.3. Indemnification. We will defend and Indemnify You against a third -party action, Suit, or proceeding against You to the extent
such claim is based upon an allegation that the Licensed Product, as of Its delivery date under this Agreement, infringes a valid United
States patent or copyright or misappropriates a third party's trade secret. If a third party alleges that your use of the Licensed Products
in breach of this Agreement infringes or misappropriates intellectual property rights or violates law, You will defend and indemnify Us
and the Contributors against any such claim, demand, suit, or proceeding. Including any judgments, settlements, and attorney fees.
8. ADDITIONAL PROVISIONS
8.1. Non - Assignability. Neither party may assign or transfer this Agreement without the prior written consent of the other party. Any
unauthorized assessment or transfer will be null and void, and enables termination. This Agreement is binding upon any authorized
successor or assignee.
8.2. Entire Understanding. This Agreement is the parties' entire agreement relating to its subject, and supersedes any prior or
contemporaneous agreement. Any amendment must be in writing and expressly state that it is amending this Agreement.
25H -105
8.3. Governing Law & Arbitration. This Agreement is governed by California law, excluding California's choice of law rules. All
disputes relating to this Agreement will be subject to binding arbitration pursuant to the rules of The American Arbitration Association
or the Judicial Arbitration And Mediations Services, Inc. The exclusive place of the arbitration shall be Orange County, California.
Judgment on the arbitration award may be entered in any court having jurisdiction thereof. For the purpose of entry of judgment on
such an award, the parties consent to personal jurisdiction In the courts of Orange County, California.
8.4. Headings Not Controlling. All captions and headings in this Agreement aro for purposes of convenience only and shall not
affect the construction or Interpretation of any of its provisions.
8.5. Severabihty. If any provision of this contract is held to be illegal, invalid, or unenforceable, such provision is fully separable,
and the remaining provisions of the contract shall remain in full force and effect.
Content Solutions Sublicense Terms and Conditions
25H -106
Initials Date
Page 4 or 3
�J�
DIGITAL MAP
U PRODUCTS Exhibit B
Web Application Subscription
Terms and Conditions
By executing the Consultant Agreement that references these Terms and Conditions and initialing these Web Application
Subscription Terms and Conditions (collectively, the "T &C "), You agree that the T &C terms govern Your purchase and use of
Digital Map Products ( "DMP ") Web Application and Content. If You are entering into this agreement on behalf of a company or
other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms, in which
case the terms "You' or "Your' shall refer to the entity and its affiliates. If You do not have such authority, or if You do not
agree with these terms and conditions. You must not accept the agreement and may not use the Web Application or Content.
This Agreement was last updated on June 301h, 2016. It is effective as of the date You signed the Consultant Agreement.
1. DEFINITIONS
"Content" means any content provided through the Web Application (whether created by Us or Our third -party licensors), and
includes but Is not limited to any information portrayed or rendered In any manner through the Web Application, including maps,
data, analysis and Images of any kind.
"Consultant Agreement" means an ordering document or submitted proposal in response to a Request for Proposal
specifying the specifics of what is being provided hereunder that Is entered into between You and Us, including any addenda
and supplements thereto. By entering into an Consultant Agreement hereunder, an affiliate agrees to be bound by the terms of
this Agreement as if it were an original party hereto.
"User" means an individual who is authorized by You to use the Web Application, for whom You have ordered the Web
Application, and to whom You (or We at Your request) have supplied a user identification and password.
"We;' "Us" or "Our" means Digital Map Products, Inc. or its affiliates.
"Web Application" means the product You have requested access to and that has been ordered by You under this agreement
and has been made available by Us, excluding any third- party web sites, content, or applications that our products and services
link to. Any use of the term Web Application shall be assumed to include Content.
"You" or "Your means the company or other legal entity for which you are accepting this agreement, and Affiliates of that
company or entity.
"Your Data" means electronic data and information submitted by or for You to be incorporated into the Web Application
2, WEB APPLICATION, CONTENT, AND USAGE
2.1, Web Application and Content. We will (a) make the Web Application available to You pursuant to this agreement and the
Consultant Agreement, (b) provide support for the Web Application to You pursuant to any such indication on the Consultant
Agreement. Unless expressly provided otherwise, the Web Application is purchased as a subscription, and subject to usage
limits, including, for example, (i) the number of Users and the geographic coverage areas specified in the Consultant
Agreement and (ii) You may not extract more than 30,000 property records per month without a separate data license. Unless
otherwise specified, the Web Application may not be accessed by more than the number of Users Indicated, a Users
password may not be shared with any other individual, and Users will not attempt to access information or functionality
outside of the purchased geographic coverage areas.
2.2 Your Responsibilities. You will (a) be responsible for Users' compliance with this Agreement, (b) be responsible for the
accuracy, quality, and legality of Your Data and the means by which You acquired Your Data, (c) use commercially reasonable
efforts to prevent unauthorized access to or use of the Web Application, and notify Us promptly of any such unauthorized access
or use, and (d) use the Web Application in accordance with any applicable laws and government regulations.
2.3 Usage Restrictions. You will not (a) make the Web Application available to, or use the Web Application for the benefit of,
anyone other than You or Users, (b) sell, resell, license, subliro nse, distribute, rent, or lease any portion of the Web Application,
(c) use the Web Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or
transmit material In violation of third -party, privacy rights, (d) interfere or disrupt the integrity or performance of the Web
25H -107
Application or third -party data, (s) copy the Web Application or any part, feature, function, or user interface thereof, (f) copy,
extract, or store Content except as expressly permitted, (g) frame or mirror any part of the Web Application, other than framing
on Your own intranets or otherwise for Your own internal business purposes, (h) process, extract, conduct load testing on, or
Place undue load on any part of the Web Application except as expressly permitted, (1) use the Web Application for marketing
or telemarketing purposes; or (J) access the Web Application in order to build or enhance a competitive product or service.
2.4. Future Functionality, Updates, and Beta Services. You agree that Your purchase of use of the Web Application is not
contingent on the delivery of any future functionality or content, nor dependent on any oral or written public comments made by
Us regarding future functionality or content. You agree that We may make changes to the Web Application over time for any
reason, without limitation, and that We may not continue to provide or support older versions of the Web Application We may
invite You to try other Web Applications and options to Web Applications, Any such additional Web Applications and options
may be subject to additional or separate terms and fees, In the event that such other Web Applications and options are trials or
beta products, we will have no liability for any harm or damage arising out of Your use of such.
3. FEES, PAYMENT, AND TERM
3.1. Fees and Payment. You will pay all fees specifed In the Consultant Agreement plus any applicable taxes, levies, duties,
or similar governmental assessments of any nature, Except as otherwise specified herein or in an Consultant Agreement, (a)
fees are based on the purchased use and not actual Incremental usage, (b) payment obligations are non - cancelable and fees
paid are non- refundable,(c) fees shall be made In advance in accordance with the frequency stated in the Consultant Agreement,
(d) quantities or add -ons purchased cannot be decreased during the relevant subscription term, and (e) unless otherwise stated
in the Consultant Agreement, Invoiced charges are due net 30 days from the invoice date. You are responsible for
providing complete and accurate billing and contact Information and notifying Us of any changes to such information.
3.2. Non - Payment or Failure to Pay. A charge of 1.5% per month may be assessed on any outstanding and past due Invoices
until paid in full. You will be charged for any cost of collections including, but not limited to, agent fees, legal fees and costs, and
other associated expenses. If Your access and use is terminated or suspended due to nonpayment or non- compllance, You
shall nonetheless still be responsible for any fees as set forth in this Agreement. If We do not receive from You payment for
the Invoiced amount within thirty (30) days of its due date, We may suspend Your access and use of the Web Application, until
You bring Your account current.
3.3. Term of Agreement. This Agreement will continue for the period defined in the Consultant Agreement as the 'Initial
Term ", The Agreement can be renewed for an additional two years upon approval from the City Manager. Upon termination, any
non- perpetual licenses granted by DMP under this Agreement are immediately revoked.
4. PROPRIETARY- RIGHTS, — LICENSES —AND- CONFIDENTIALITY
4.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of
Our /their rights, titles, and Interests in and to the Web Application, including all of Our /their related intellectual property rights.
You understand that We may at our sole discretion replace vendors or suppliers related to Content or Web Application
functionality at any time without notice. You agree that any works commissioned or undertaken by Us pursuant to or in
supplement to this Agreement shall be and remain Our property. No rights are granted to You hereunder other than as expressly
set forth herein.
4.2. Preservation of Notices. You agree to include, and not to remove or obscure, any copyright, trademark, patent, or other
notices appearing within our Web Application including any visual or printed depictions of the same.
43. License to Host Your Data. You grant Us a limited -term license to host, copy, adapt, modify, transmit, and display Your
Data, as necessary for Us to provide the Web Application to You. You reserve all title, interest and Intellectual property rights
to Your Data.
4.4. License to Collect Data and Use Feedback. You agree that We may collect and use Information gathered as part of the
Web Application to improve Our technology, products, and Internal processes. You grant Us a worldwide, perpetual, irrevocable,
royalty-free license to use and incorporate into the Web Application any suggestion, enhancement request, recommendation,
correction, or other feedback provided by You or Your Users.
5. CONFIDENTIALITY
5.1. Trade Secrets and Confidential Information. The Web Application is based on and includes Our proprietary trade secrets
and confidential information. You will not modify, adapt, translate, reverse engineer, decomplle, attempt unauthorized access
Web Aps]Ica tin n Subscription Terms and Conditions Page 2 of 3
25H -108
to, or disassemble any portion of the Web Application. You will treat the Web Application with at least the same degree of care
(and no less than a reasonable degree of care) as that which You would treat Your own trade secrets and confidential
information. You will not disclose the terms of this agreement or any Consultant Agreement to any third party.
6. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS
6.1. Our Warranties. EXCEPT FOR ANY EXPRESS WARRAN71ES PROVIDED HEREIN, NEITHER PARTY MAKES ANY
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. WE PROVIDE THE WEB APPLICATION
ON AN "AS IS," "AS AVAILABLE" BASIS, WE MAKE NO REPRESENTATION, WARRANTY, OR COVENANT WHATSOEVER
REGARDING PERFORMANCE, FUNCTIONALITY, AVAILABILITY, ACCURACY, OR SECURITY OF THE WEB APPLICATION
OR YOUR DATA. WE MAY ALTER, REDUCE THE FUNCTIONALITY OR CONTENT OF, AND /OR TERMINATE THE WEB
APPLICATION AT ANY TIME WITHOUT CAUSE IN OUR SOLE DISCRETION. NO AGENT OF DMP IS AUTHORIZED TO
ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF DMP AS SET FORTH HEREIN.
NEITHER US NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE WEB
APPLICATION, SERVERS, OR ANY E -MAIL SENT ARE FREE OF ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL
COMPONENTS, BY ACCEPTING THIS AGREEMENT, YOU DISCLAIM ALL LIABILITY AND INDEMNIFICATION
OBLIGATIONS OF OURS AND ANY OF OUR THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES EXCEPT AS
EXPRESSLY PROVIDED HEREIN.
62 Limitation of Liability. Our aggregate and maximum liability in connection with any claim arising out of or relating to this
Agreement shall be limited to a refund of fees paid by You to Us up to a limit of one year's worth of fees. We shall not be liable
for any special, Indirect, Incidental, or consequential damages of any kind (including attorneys' fees) arising in connection with
Your use of the Web Application, or any failure by Us to perform our obligations, regardless of any negligence alleged,
6.3. Indemnification. We will defend and indemnify You against a third -party action, suit, or proceeding against You to the
extent such claim is based upon an allegation that the Web Application or Content under this agreement infringes a valid United
States patent or copyright or misappropriates a third party's trade secret. If a third party alleges that Your Data or your use of
the Web Application in breach of this agreement infringes or misappropriates intellectual property rights or violates law, You will
defend and indemnify Us and Our third party providers, partners, and affiliates against any such claim, demand, suit, or
proceeding, including any judgments, settlements, and attorney fees.
7. ADDITIONAL PROVISIONS
7.1. Non - Assignability. Neither party may assign or transfer this Agreement without the prior written consent of the other party.
Any unauthorized assessment or transfer will be null and void, and enables termination. This agreement is binding upon any
authorized successor or assignee.
7.2. Entire Understanding. This agreement is the parties' entire agreement relating to its subject, and supersedes any prior
or contemporaneous agreement. Any amendment must be in writing and expressly state that it Is amending this agreement.
7.3. Governing Law & Arbitration. This agreement is governed by California law, excluding California's choice of law rules.
All disputes relating to this agreement will be subject to binding arbitration pursuant to the rules of The American Arbitration
Association or the Judicial Arbitration And Mediations Services, Inc. The exclusive place of the arbitration shall be Orange
County, California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. For the purpose
of entry of judgment on such an award, the parties consent to personal Jurisdiction in the courts of Orange County, California.
7.4. Headings Not Controlling. All captions and headings in this Agreement are for purposes of convenience only and shall
not affect the construction or interpretation of any of its provisions.
7.6. Severabiltty. If any provision of this contract Is held to be illegal, invalid, or unenforceable, such provision is fully
separable, and the remaining provisions of the contract shall remain in full force and effect.
Initials Date
Web Application Subscription Terms and Conditions Page 3 of 3
25H -109
EXHIBIT C
FEE SCHEDULE (OR) RATES AND CHARGES
Page 12 of 12
25H -110
EXHIBIT' C
mv
v
M
N
N
C ❑
V
V
O
C �
Q �
� C
•Op
a C
S
o
� D N
N
If1
m m
� q
m
v�
N J
ri
N
N
u m .
O O
O
O
O
oq
m
m
o
0
O
l7 of
o
ONI V
N
bN
� a u
N
ap
W
'M
N
lG N @
o o
8
8
$
�I
oI
O a vi
in
o
¢
WWI
— 3
b b
O
O
p
0
0
O
0
ON
O
E dc
o
O
O
S
N C
OJ
V O a
O O N
vi
O
N
O
h
N V
N
N
ry
m
N
q_ O
Vl+h
VT
vl
O
C
of
v.
LV
O O
O O
O
O
OCI
O S
o
S
O
S
NI
a
ms°
O
S
S
N
N
N
o
a v v w a
N �
C ❑
C �
Q �
� C
a C
� q
m
u m .
O
l7 of
n
� a u
O
Vi LL �c
N
lG N @
¢
WWI
— 3
tq
p
E dc
o
OW w m v a
a� m
z
V O a
c
w
a c
v o
u
m
q_ O
ro m
•+'
D
to
w
W
O
C
c h ti❑
o
o
u
a
ms°
ooa
aaaF%
o
a v v w a
z
o
vi
o
w
n°
LL a
i a
� N
'r ,
n
O.
O
®
y¢
y
E
u
ro
0 O
O
'^ E
m
in
o
o
a
o
o
a
a
a`
4
H
ti
m
�+
pp
25H -112