HomeMy WebLinkAbout1989-461
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RESOLUTION NO.
89-461
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH TECH-STAR SERVICE BUREAU TO
4 PERFORM CONSULTING SERVICES RELATING TO THE SCANNING AND CONVER-
SION OF 54 CITY MAPS TO THE GDS SYSTEM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 an agreement with Tech-Star Company to perform consulting
10 services relating to the scanning and conversion of 54 city maps
11 and the conversion to GDS system, a copy of which is attached
12 hereto marked Exhibit nAn and incorporated herein by reference
13 as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above-
15 referenced agreement is rescinded
if the parties to the
16 agreement fail to execute it within sixty (60) days of the
17 passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at aJli regular
meeting thereof, held on the
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20th day of
November
1989, by the following vote to
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AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TE~H-STAR
SERVICE BUREAU RELATING TO CONSULTING SERVICES PERFORMING
MAP CONVERSIONS.
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6 The foregoing resolution is hereby approved this ~~ft4
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7 da y 0 f '} ,k'],Ui1lLiiVl) , 1989.
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Approved as to form
15 and legal content:
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JAMES F. PENMAN,
City At~
By: {J. 1
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10/30/89
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A G R E E MEN T
of
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THIS AGREEMENT is made and entered into this ~3c~' day
1989, by
and between the CITY OF
SAN
5 BERNARDINO, a municipal corporation, 300 North "D" Street, San
6 Bernardino, California 92418, (herein referred to as "City"),
7 and Tech-Star Service Bureau, 1240 N. Van Buren, #213, Anaheim,
8 California 92807 (herein referred to as "Consultant).
9 City and Consultant agree as follows:
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1. General Description of Work to be Done.
City hereby engages Consultant, and Consultant hereby
12 accepts such engagement,
to perform the services herein
13 described for the compensation herein provided. Consultant
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hereby assures and covenants to City that they have the
15 qualifications, experience and facilities to properly perform
16 said services, and hereby agrees to undertake and complete the
17 performance thereof for the compensation herein provided.
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2. Term.
The term of this agreement shall commence on execution
20 of this agreement by both parties. The anticipated term of the
21 agreement is 10 weeks. However, this agreement may be extended
22 on a week to week basis for a maximum of two (2) additional
23 weeks upon the express written consent of Consultant to such
24 extension and the approval thereof by the City Administrator.
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3. Payment and provision for Payment.
A. Maximum Compensation
(1) Maximum total compensation to be paid under this
28 agreement shall be Eight Hundred Fifty dollars ($850.00) per
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map. California Sales Tax does not apply and the price
includes all deliveries. For 54 maps, the total cost would be
Forty-Five Thousand Nine Hundred Fifty dollars ($45,950).
Payment to Consultant for services provided under this
agreement shall be within 30 days after drawings have been
accepted by the City Administrator.
B. Manner of Compensation
(1) The Consultant shall submit an invoice for payment
to the City Administrator's Office upon acceptance of the
drawings by the city.
(2) Consultant shall assume and pay all out-of-pocket
expenses and costs of performing services under this agreement
except as otherwise specifically provided herein, and City
shall not be liable for any such costs and expenses.
4. General Description of Work to be Done.
City hereby retains Consultant to:
A. Optically scan the Maps at 400 DPI and
precisely scale, skew and clean-up Raster
Image.
Perimeter settings will be established to
capture all text as ASCII formatted text and
identify all lines, Arcs, Circles etc.
Raster Image is Recognized by the Artificial
Intelligence. A vectorized file is
generated.
DCAD Editor reviews, updates and varifies
vectorized Data. All layers are established
within Consultant's metafiles. Orgins are
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Quality control inspector will review
contract requirements and verify final
plots.
GDS translation: scale shall be set 1:3600
(unless otherwise specified). units shall
be in feet.
Detail Map Bases shall contain the following
GDS graphic information and object structure
development:
A) Property-lots and blocks
1. Graphics
a) units GDS objects (BLK:/) to
compare lots within a city block
or subset thereof.
b) Linestyle LA typical
2. Text/Notation
a) Includes Identification of all
individual lots, blocks, Units,
Tracts, and Additions.
b) Each text identifier noted above
shall be assigned a unique GDS
object with corresponding GDS
OCDs, i.e., LTN:/,
BKN:/,UNN:/,TRN:/,ADN:/.
c) Charstyle CIE typical
B) Transportation-Streets and Railways
1. Graphics
a) units GDS objects (STR:/,RRW:/)
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to comprise contiguous street
and Railway centerlines of
subsets thereof.
b) Linestyles LCENTX and LSECFNCE
typical
2. Text/Notation
a) Includes identification of all
individual streets and railways
names.
b) Each text identifier shall be
assigned a unique GOS object
W/OCO STN:/ or RWN:/.
c) Charstyle CIE typical
C) Plainmeterics Reference Grids
1. Graphics
a) Precision Rectilinear Grid
b) Singular GOS object W/OCO GRO:/
2. Text/Notations
a) Includes all perimeter Grid
coordinates
b) Singular GOS object W/OCO GON:/
c) Charstyle CIE typical
0) Features-Natural and Man made
1. Graphics
a) Includes identification of all
individual feature names.
b) Each text identifier noted above
shall be assigned a unique GOB
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DCDs, i.e., WRN:j, SRN:j, FCN:j,
SSN:j CSN:j, MDN:j.
c) Charstyle CIE typical plots.
Tech-star shall provide all GDS Data on Digital TK-50
Cartridge, with one Bond copy for check.
All Data will be delivered to the City of San
Bernardino by Tech-Star Company.
All redlines will be reviewed and implemented without
charge.
5. Amendments.
This agreement may be amended or modified only
by written agreement executed by both parties.
6. Assiqnment.
Consultant's rights under this agreement shall
not be assigned by Consultant to any other person,
firm or corporation without the prior written consent
of the city.
7. Relationship of Parties.
Consultant is acting as an independent
contractor, and not as an employee of the city. In
the performance of personal services pursuant to the
provisions of this agreement, Consultant shall not be
supervised, directed, or under the control or
authority of any city officer or employee, except and
to the extent as may be expressly or implicitly
required by the terms and provisions of this
agreement. Any direction or control so required under
this agreement shall be limited to broad objectives or
goals of the project or program to be accomplished and
not to the details and procedures to accomplish such
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objectives or goals. Consultant shall not be
obligated to conform to the supervision or direction
of city officers or employees which are not authorized
herein. Changes or modifications of said objectives
and goals may be made by written recommendations of
either party subject to the concurrence of the other
party in writing.
8. Hold Harmless.
Consultant hereby agrees to, and shall, hold
City, its elective and appointive boards, commissions,
officers, agents and employees, harmless from any
liability for damage or claim for damage for personal
injury, including death, as well as from Consultant's
operations under this agreement. Consultant agrees
to, and shall defend city and its elective and
appointive boards, commissions, officers, agents and
employees from any suit or actions at law or in equity
for damages caused or alleged to have been caused by
reason of Consultant's performance hereunder including
any claims that fuay arise against City by reason of
Consultant's legal relationship with City being
categorized as other than that of an independent
contractor.
9. Attorney's Fees.
In the event an action is filed by either party
to enforce rights under this agreement, the prevailing
party shall be entitled to recover reasonable
attorney's fee in addition to any other relief granted
by the court.
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10. Terminated by city.
Notwithstanding any other provision of this
Agreement, the City, by notifying Consultant in
writing, may terminate all or a portion of the
services agreed to be performed under this Agreement
with or without cause. Consultant shall be given five
(5) days written notice for failure of Consultant to
perform obligations under the contract in a satisfac
tory manner, and thirty (30) days written notice if
termination is for other reasons. Notice shall be
mailed posted to the address set forth herein for the
receipt of notices. In the event of any termination,
Consultant shall have the right and obligation to
immediately assemble work in progress and forward same
to the City. All charges outstanding at the time of
termination shall be payable by the City to Consultant
within thirty-five days following submission of final
statement by the Consultant.
11. Acceptance of Final Payment Constitutes
Release
The acceptance by Consultant of the final
payment made according to the terms of this Agreement
shall operate and be a release to the City, and every
employee and agent thereof, from all claims and
liabilities to Consultant for anything done or
furnished for or relating to the work or services, or
for any act or failure to act of the City relating to
or arising out of work and this agreement.
12. Acknowledqment.
(a) Consultant acknowledges and agrees that
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City is the sole and exclusive owner of all rights and
remedies in and to certain confidential ideas and
secrets concerning the operations of City, any
products or information resulting, in whole or in
part, from the work performed under this agreement,
and all products or information derived or to be
derived from said work, regardless of whether City's
or Consultant's work is subject to patent, copyright,
or other protection.
(b) In the event that any work performed under
this agreement is or becomes the subject of a patent
application, patent, copyright, or other rights under
the laws of the united states or any other country,
Consultant agrees and understands that City shall have
all the rights and remedies available to City under
the law as a result of such patent applications,
patents, copyrights, or other rights.
13. Confidentiality and Non-Disclosure.
(a) Consultant acknowledges that during the
Consultation, Consultant has had and/or shall have
access to and has become and/or shall or may become
aware of secret information. Consultant agrees to
hold in confidence all such secret information
disclosed to Consultant or developed by Consultant in
connection with the work performed under this
agreement, either in writing, verbally, or as a result
of the Consultant except:
(1) Information which, at the time of
disclosure, is in the public domain or which, after
disclosure, becomes part of the public domain by
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publication or otherwise through no action or fault of
Consultant; or
(2) Information which Consultant can
show is in its possession at the time of disclosure
and was not acquired, directly or indirectly, from
City;
(3) Information which was received by
Consultant from a third party having the legal right
to transmit that information. Nothing in this
paragraph is intended to nor shall make confidential
records or information which is otherwise made open to
public inspection by law.
(b) Consultant shall not, without the written
permission of the City Administrator, use the secret
information, which Consultant is obligated hereunder
to maintain in confidence, for any reason other than
to enable Consultant to properly and completely
perform under this agreement.
(c) Consultant shall not reproduce or make
copies of the secret information or Consultant's
output, except as required in the performance of this
agreement. Upon termination of the agreement for any
reason whatsoever, Consultant shall promptly deliver
to City all correspondence, drawings, blueprints,
manuals, letters, notes, notebooks, reports, flow--
charts, programs, proposals, or documents concerning
City.
(d) Except as may be required for performance
of this agreement, Consultant shall not, during or at
any time subsequent to this agreement, unless City has
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given prior written consent, disclose or use the
secret information or engage in or refrain from any
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action, where such action or inaction may result (1)
in the unauthorized disclosure of any or all such
secrets to any person or entity; or (2) in the
infringement of any or all such rights.
(e) Consultant shall immediately notify City
any information which comes to
Consultant's
of
attention which does or might indicate that there has
been any loss of confidentiality of such secrets or
breach of such rights.
(f) Consultant shall limit the disclosure of
information
persons
in
to
those
the
secret
Consultant's organization or the City, who have a need
to know all or part of the secret information. Consul-
tant shall make such disclosure to each such person
limited to that portion of the secret information that
that person needs to know.
Consultant shall inform
each such person of the provisions of this agreement
regarding secret information and shall make reasonable
efforts to insure that each such person shall abide by
those provisions.
14. Notices.
Any notice required to be given hereunder shall be
deemed to have been given by depositing said notice in the
united states mail, postage prepaid, and addressed as follows:
city:
Consultant:
Tech-star Service Bureau
1240 North Van Buren, #213
Anaheim, CA 92807
Shauna Clark, City Clerk
27 City of San Bernardino
300 North "D" Street
28 San Bernardino, CA
92418
10/30/89
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L.,
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AGREEMENT FOR CONSULTANT SERVICES WITH TECH-STAR SERVICE
BGREAU RELATING TO MAP CONVERSION SERVICES. . ~
Nothing in this paragraph shall be construed to prohibit the
1 giving of such notice by personnel service.
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15. Entire Aqreement.
This contract constitutes the entire Agreement between
5 City and Consultant and may be modified only by further written
6 agreement between the parties.
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IN WITNESS WHEREOF, this Agreement has been executed by
8 the parties effective as of the date and year first above
9 written.
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14 Arr.rES':!:~
CITY OF SAN BERNARDINO
a Municipal corporat~ of
the state of Calif nia
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17 /Shauna Clark, .
City Clerk
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CONSU}-'l1AfJT:
L/ r
BY: L~/L., '
Tech-Star
23 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
B~