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HomeMy WebLinkAbout11- City Adminsitrator CITY OF SAN BERN ' IDINO REQUEST V R COUNCIL -ACTION From: Janis Ingels, Director of M.I.S. Subject: G.I.S. Consultant Contract Renewal Dept: City Administrator, M.I.S. Division Date: August 11, 1994 Synopsis of Previous Council action: Council authorized a third amendment to the original agreement with Ruth Parish to provide G.I.S. Consultant services to the City for a one year period on July 22, 1993. iDMIN. OFriCrj AUG 94 5:. 25 Recommended motion: Adopt Resolution. Signat Contact person: Janis Ingels Phone: 384-5010 Supporting data attached. Staff Report, original agreement, Ward:fourth amendMnt FUNDING REQUIREMENTS: Amount: $62,440 - 679-251-54101 M.I.S. Source: (Acct. No.) $19,100 - 001-403-54104 Public Services Acct. Description) Professional/Contractual Services Finance: .ouncil Notes: e c.n9a� A.,.,—A— la....., CITY OF SAN BERNI IDINO - REQUEST F I COUNCIL ACTION STAFF REPORT The City owns a geographical information system, hereinafter referred to as "G. I. S. " , and often referred to as "the mapping system" . It is normal for a G. I . S. system to require years of intensive labor to build the database necessary to begin to realize its potential benefits. Since 1990, the City has been fortunate enough to be able to contract with Ms. Ruth Parish of TecKnowledge Group, Inc. for G. I. S. system coordination services. In the last 12 months, many significant projects were accomplished, including the extremely valuable interfacing of G. I. S. to the City's Business System which, in turn, accepts Police and Fire data from the Public Safety systems. Analysis and mapping of crime patterns and data are now generated regularly by the G. I.S. system. In the year ahead, the Consultant would work toward matching City- wide assessor parcel numbers to the property management geofiles. .This will allow generation of maps designating any of the long list of data available by parcel number. Police Incident mapping will be expanded to include Part I crimes. Fire incident mapping is also an upcoming project. Virtually every department in the City is benefiting from G. I .S. , with 100-150 maps generated and distributed per month. This amendment requires the consulting firm which Ruth Parish is a member of to also provide a G. I .S. Technician for the purpose of accomplishing a single, massive project. The Technician is to place the City's entire sewer and storm drain infrastructure on G. I.S. along with all pertinent data. This effort will enable the Public Services Department to mark trouble spots, and have instant access to any specific location of any sewer or storm drain in the City. The current manual effort to locate these on paper maps wastes excessive amounts of time. A map can be generated within minutes to hand to service crews. The amount of compensation to the consultant will not increase from last year. It will remain at $62 ,440. CITY OF SAN BERN. ZDINO - REQUEST F A COUNCIL 'ACTION STAFF REPORT Attached is a list of the data, maps, and information available as of today on the City's G. I . S. It is strongly recommended the city amend the G. I . S. consulting agreement to allow the substantial progress and accomplishments in process to continue. AVAILABLE G.I.S. LAYERS - AUGUST 1994 Description Status Address Block Ranges, City Wide Available, Updated Constantly Address Grid, City Wide, 100 & 500 Available, Current blocks Archaeological Sensitivities Available, Current Assessor Parcel Numbers, City Wide Expect completion within 3 to 9 months. Assessor Map Book Boundaries Available, Current City Limits, San Bernardino Available, Current City Hall Floor Plans Available, Current City Property Available, Complete Councilmanic Districts, Pre-1992 Available, Current Councilmanic Current Available, Current Assessment Districts, Active Available, Current Census Tracts Available, Current Census Blocks Available, Current, see note 1 Census Ethnic Data Available, Current Census Population Data Available, Current City Organization Chart Available, Current as of 1/92 Can be altered. Development Code Overlay Districts Available, Current Public Works Detail City Key Map Available, Current Environmental Resources/Hazards Available, Current Facilities, Schools & Data Available, Current Facilities, Critical, Sensitive, & Available, Current High Occupancy Unreinforced Masonry Buildings Available, Current Facilities, Hazardous Materials Available, Revised 7/15/92 Fire Beats Available, Current Freeways Available, Current AVAILABLE G. I.S. LAYERS - AUGUST 1994 Geologic Hazards Overlay Available, Current Global Positioning Points 24 Available, Current Land Use Gross Areas Available Parcel Level in 3 to 9 Months Natural Gas Transmission Lines Available, Current as of 1/91 Parcels Available, Current as of 88 Parcel Map Locator Available, Current as of 6/92 City Parking Lots #1 & 2 Available, Current Police Beats Available, Current Police Cluster Districts Available, Current Police Reporting Districts Available, Current Railway Available, Current Record of Survey Map Locator Available, Current as of 9/91 Redevelopment Project Areas Available, Current SCE, Major Lines & Substations Expected completion: 6/15/93 Storm Drain, National Pollutant Available, complete Elimination Discharge System except for drainage sub-areas. Streets: ROW, Centerlines Available, updated constantly Identification of Major and Minor Available updated Arterials and Collectors constantly Water Districts Available, Current Water, Ground Available, Current Zipcode Boundaries Available, Current City of San Bernardino Geographic Information System Norton Air Force Base Available Graphic Layers Base data with streets, runways, and buildings. Gas Electrical Water Storm Drain Sewer System Industrial and Solid Waste System HVAC Cable TV Compressed Air Street Lighting Land Use . y 1 RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO THE AGREEMENT WITH 4 CONSULTANT, RUTH PARISH, OF TECKNOWLEDGE GROUP, INC. TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT INFORMATION SERVICES 5 DEPARTMENT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL FOR THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The Mayor of the City of San Bernardino is 10 hereby authorized and directed to execute on behalf of said City 11 a fourth amendment to the agreement with Ruth Parish to perform 12 consulting services for the M. I.S. Department, a copy of which 13 is attached hereto marked Exhibit "A" and incorporated herein by •14 reference as fully as though set forth at length. 15 16 SECTION 2 . The authorization to execute the above 17 referenced amendment is rescinded if the parties to the 18 amendment fail to execute it within sixty (60) days of the 19 passage of this resolution. 20 21 I HEREBY CERTIFY that the foregoing resolution was duly 22 adopted by the Mayor and Common Council of the City of San 23 Bernardino at an meeting thereof, held on the day of 24 1994, by the following vote to wit: 25 / 26 / 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO THE AGREEMENT WITH RUTH 2 PARISH TO PERFORM CONSULTING SERVICES FOR THE MANAGEMENT 3 INFORMATION SERVICES DEPARTMENT. 4 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 CITY CLERK 13 .I4 The foregoing resolution is hereby approved this 15 day of , 1994 . 16 17 TOM MINOR, MAYOR 1$ City of San Bernardino 19 Approved as to form 20 and legal content: 21 JAMES F. PENMAN 22 City Attorney 23 By. 24 25 26 27 28 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this day of , 1994 , by and between the City of San Bernardino, a municipal corporation, 300 North "D" Street, San Bernardino, California 92418 , (herein referred to as "City" , and TecKnowledge Group, Inc. , a California Corporation, 15597 Willow Drive, Fontana, California 92337, by and through Ruth Parish, Treasurer, a principal of said corporation (herein referred to as "Consultant") . RECITALS WHEREAS, the City and Ruth Parish entered into that certain agreement dated June 8, 1990 for consulting services (original agreement) attached hereto as Exhibit A; and, WHEREAS, Ruth Parish has become a principal of TecKnowledge Group, Inc. ; and, WHEREAS, the parties desire to amend the Agreement. NOW THEREFORE, the parties agree as follows: 1. City engages TecKnowledge Group, Inc. as consultant, and TecKnowledge Group, Inc. accepts such engagement, to perform the services described in the original agreement. TecKnowledge Group, Inc. assures and covenants to City that it has the qualifications, experience and facilities to properly perform said services and agrees to undertake and complete the performance thereof under the terms and conditions set forth in the original contract and as amended herein. 1 2 . TecKnowledge Group, Inc. will also provide G. I .S. Technician services to the City's Public Services department as defined in this agreement. 3 . TecKnowledge Group, Inc. agrees that Ruth Parish shall continue to provide the services as set forth in the original agreement through the term of this agreement. Specific G. I. S. projects targeted for 94/95: a) Expansion of Police incident mapping to include all Part I crimes. b) Creation of programs to recognize and map Police incident crime patterns. C) Continue City's extensive participation in Norton Agua/Mansa Economic Development G. I.S. project by providing timely data to interested businesses and developers. d) Development of a complete City address, street, and parcel book for Police, Fire and other interested departments. e) Perform cross-check on every street and address within the Police department's 911 Geofile database. f) Provide identification of (approximately 70, 000) parcels within City to allow for: • Address matching per parcel • Mailing lists to constituents of any area defined by any geographical area 2 • Allow cross checking of addresses in any address/assessor number database with our own business and G. I.S. databases. • Provide for completion of new Land Use map for the Planning department • Provide complex population, building, and land use data to the Public Works transportation modeling process. • Election statistics mapping g) Establish tracking of City's Fire incidents. h) Continue extensive involvement in Police department move providing utility, and cabling maps. Ruth Parish will also be responsible for management and quality of all services performed by the G. I.S. Technician whose project will be the development, installation and implementation of entering the City's entire sewer and storm drain system into the City's G.I.S. TecKnowledge Group, Inc. agrees to employ a qualified technician for the G. I.S. Technician services. Any changes by TecKnowledge Group, Inc. in personnel performing services under this agreement must be approved in writing by the M. I .S. Director. 4 . Section 2 of the original contract is hereby amended to read as follows: 3 O SECTION 2 . Term. The term of this agreement shall commence September 7, 1994 and end June 30, 1995. This agreement may be extended on a month- to-month basis for a maximum of twelve (12) additional months upon the express written consent of Consultant to such extension and the approval thereof by the City Administrator. 4 . Section 3 of the original contract is hereby amended to read as follows: SECTION 3 . Payment and Provision for Payment A. Maximum Compensation (1) Maximum total compensation to be paid under this agreement shall be Sixty-two Thousand, four hundred and forty dollars ($62 , 440) . Payment to Consultant for General G. I. S. services provided under this amendment shall be at the rate of $25. 00 per hour. Payment to Consultant provided under this amendment for G. I.S. Technician services for the Public Services department shall be at the rate of $11. 00 per hour. (2) Consultant shall provide a minimum of 24 hours of general G.I.S. Coordinator services and a minimum of 24 hours of G.I.S. Technician services per calendar week. B. Manner of Compensation (1) Consultant shall maintain and file with the M.I.S. Department a record of all hours worked on assigned projects. Said projects shall be listed by work order as such listing is requested by the Director of M. I.S. and shall list services provided by Ruth 4 Parish, subtotaled, followed by services provided by the G. I.S. Technician, subtotaled, followed by a grand total. (2) The director shall submit a claim or request for payment based on such record to the Finance Department in such manner that Consultant shall be paid bi-weekly. (3) Consultant shall assume and pay all out-of-pocket expenses and costs of performing services under this amendment except as otherwise specifically provided herein, and City shall not be liable for any such costs and expenses. 5. Section 8 of the original agreement is hereby amended to add the following paragraph: Consultant shall provide to City evidence of insurance covering consultant, technician, and City as an additional insured as to any potential liability to consultant, technician and City. The evidence to be provided shall be a Certificate of Insurance describing the coverage provided and naming City as an additional insured. The insurance shall consist of the following: A. Commercial General Liability Insurance Commercial General Liability Insurance provided by consultant, in a combined single limit of not less than $1, 000, 000. 00. The Certificate of Insurance shall provide that the City shall be notified in writing thirty (30) days prior to any cancellation or redVction in the above insurance coverage. 5 6. Section 14 is hereby amended to read as follows: 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 Rachel Clark, City Clerk TecKnowledge Group, Inc. City of San Bernardino 15597 Willow Drive 300 North "D" Street Fontana, California 92337 San Bernardino, CA 92418 7. The remaining terms of the original agreement are to remain in full force and effect. Any further amendments or e modifications are to be made in writing. Executed this day of , 1994 , at San Bernardino, California. CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California ATTEST: Tom Minor, Mayor Rachel Clark City of San Bernardino City Clerk TECKNOWLEDGE GROUP, INC. Ruth Parish Treasurer Approved as to form . and legal content: James F. Penman City Attorney EXHIBIT "A" 1 . :Z ''?+ •:• . A G R E E M E N T 3 ;,. "q 4 5 THIS AGREEMENT— s made and entered into this G day of vv 1990, by and between the City 7 of San Bernardino, municipal corporation, 300 North "D" s 8 Street, San Bernardino, California 92418, (herein referred to as 9 "City") , and Ruth Parish, 78-650 Avenue 42, #2001 Bermuda Dunes, 10 California 92201 (herein referred to as "Consultant") . 11 12 ' 13 City and- Consultant agree as follows: 14 15 16 1. General Description of Work to be Done. 17 City hereby engages Consultant, and Consultant hereby 18 accepts such engagement, to perform the services herein 19 described for the compensation herein provided. Consultant 20 hereby assures and convenants to City that she has the 21 qualifications, experience and facilities to properly perform 22 said services, and hereby agrees to undertake and complete the 23 performance thereof for the compensation herein provided. 24 25 26 //J// 27 28 i EXHIBIT "A" 1 The term of this agreement shall commence July 2, 1990, 2 and end June 30, 1991. This . agreement may be extended on a month=to-month basis for a maximum of twelve (12) additional monthsrupon the express written consent of Consultant to 4 ' ' such extension and the approval thereof by the City Administrator. 5 G 3. Payment and Provision for avment- 8 A. Maximum Compensation 9 10 11 (1) Maximum total compensation to be ' paid under this agreement shall be Forty-eight Thousand Two hundred dollars 12 ($48,200).. 13 i 14 • . 15 Payment to Consultant for services provided under this 16 agreement shall be at the rate of $24.32 per hour, and in no 17 event shall exceed $4,215 within any calendar month. 18 19 (2) Consultant shall provide a minimum of 130 . hours of service per calendar month. 20 21 B. Manner of Compensation 22 23 24 (1) Consultant shall maintain and file with the Data Processing; Department a record of all hours worked on 25 26 assigned projects. Said projects shall be listed by work order 27 if such listing is requested by the Data Systems Manager. 28 2 w ") The Data Systems Manar shall submit•a claim or request for payment based on such record to the Finance 1 Department in such manner that Consultant shall be paid bi-we94t . :. 3 4 (3) Consultant shall assume and pay all out-of- 5 pocket expenses and costs of performing services under this G 7 agreement except as otherwise specifically provided herein, and ' 8 City shall not be liable for any such costs and expenses. 9 4 . General Description of Work to be Done . 10 11 City hereby retains Consultant to perfotm 12 coordinating/programming, and training services as followJ-•" •v• 13 ':: ` •. 14 �:• (a) Act as technical advisor/administrator for 15 providing advice and guidance on: All projects being considered 16 for CADD; software and hardware capabilities; creating, 17 implementing, and auditing computer applications. 18 19 (b) Evaluate, study, and analyze city's needs with 20 respect to what technical applications are needed to ensure both I 21 a cost effective and efficient CADD system. 22 23 (c) Writes documentation, procedures, and provides 24 hands on training for city personnel. 25 26 27 28 3 . ( ` Acts as prime into :ace between computer vendors, consultants, outside agencies, and city for technical 1 consuJ,tations with respect to CADD. ' 2 ,... 3 M• ; 4 (e) Also acts as interface between data processing 5 and all other city departments with respect to CADD. 6 5. Amendments . 7 8 9 This agreement may be amended or modified only by written agreement executed by both parties. 10 it ., '. �;• ',r'•� 6. Assignment '' f �. .• 12 13 , 14 Consultant's rights under this agreement shall`. "hot be 15 assigned by Consultant to any other person, firm or corporation without the prior written consent of the City. 16 17 7. Relationship of Parties . 18 ' 19 20 Consultant is acting as an independent contractor, and not as an employee of the City. In the performance of personal 21 services pursuant to the provisions of this agreement, 22 Consultant shall not be supervised, directed, or under the 23 control or authority of any City officer or employee, except and 24 1. to the extent as may be expressly or implicitly required by the 25 terms and provisions of this agreement. Any'direction or 26 27 28 ///// control so r Mired under this agreeme7 shall be limited to broad objectives ' or goals of the project or program to be 1 accomplished and 'lot -to the detaila and procecluran to nacompliati 2 ,. such :bjectives or goals. Consultant shall not be obligated to 3 _. 4 conform to the supervision or direction of City officers or 5 employees which are not authorized herein. Changes or 6 modifications of said objectives and goals may be made by i written recommendations of either party subject to the 7 concurrence of the other party in writing, 8 9 8. Hold Harmless . 10 11 Consultant hereby agrees to, and shall, hold City, ` its 12 elective and appointive boards, commissions, officers, agents 13 . and employees, harmless from any liability for damage or`claim 14 for damage for personal injury, including death, as well as from 15 Consultant's operations under this agreement. Consultant agrees 16 to, and shall defend City and its elective and appointive 17 boards, commissions, officers, agents and employees from any 18 suit or actions at law or in equity for damages caused or 19 alleged to have been caused by reason of Consultant's 20 performance . hereunder including any claims that may arise 21 against City by reason of Consultant's legal relationship with 22 City • being categorized as other than that of an independent 23 contractor. 24 25 20 27 28 ///// • ' • - 9: At' rney's .Fees 1 • 2 M.IN the event an action � is filed b y either party to �} ti'i 1 ii+ ;ghts under this Agreement, the prevailing party shall 3 '`�sse ' itlei to recover reasonable attorney's fee in addition to 4 5 any other relief granted by the court. 6 10. Termination by City . 7 8 Notwithstanding any other provision of this Agreement, 9 , the City, by notifying Consultant in writing, may terminate all 10 or a portion of the services agreed to be performed under this 11 Agreement with or without cause. Consultant shall be given five 12 i (5)' days' written , notice for failure of Consultant to perform 13 obligations under the contract in a satisfactory manner, and 14 thirty (30) days' written notice if termination is for other 15 reasons. Notice shall be mail posted to the address set forth 16 herein for the receipt of notices. In the event of any 17 termination, Consultant shall have the right and obligation to 18 immediately assemble work in progress and forward same to the 19 City. All charges outstanding at the time' of termination shall 20 be payable by the City to Consultant within thirty-five days 21 following submission of final statement by the Consultant. 22 23 11. Acceptance of Final Payment Constitutes Release . 24 25 The acceptance by Consultant of the final payment made 26 • according to the terms of this Agreement shall operate and be a 27 28 ' 6 release to the ^ity, and every employee -ar - agent thereof, from all claims and liabilities to Consultant for anything done or 1 furni hed. for or relating to the work or services, or for any aot; ositfailure to act of the City relating to or arising out of 3 work4.:and%.this Agreement. 4 5 . 12. Acknowledgement . G 7 (a) Consultant acknowledges and agrees that City is the 8 sole and exclusive owner of all rights and remedies in and to 9 certain confidential ideas and secrets concerning the operations 10 of City, any products or information resulting, in whole or in part, from the work performed under this agreement, - and all 12 products or information derived or to be derived from said work . 13 ,,. regardless of whether City's or Consultant's work is subject to 14 ' patent, copyright, or other protection. 15 16 (b) In the event that any work performed under this 17 agreement is or becomes the subject of a patent application, 18 - patent, copyright, or other rights under the laws of the United 19 States or any other country, Consultant agrees and understands 20 that City shall have all the rights and remedies available to 21 City under the law as a result of such patent applications, 22 -.- patents copyrights, or other rights. 23 24 13. Confidentiality and Non-Disclosure . 25 26 (a) Consultant acknowledges that during the Consultation, 27 Consultant has had and/ok shall have access to and has become 28 and/or shall or may become aware of secret information. 7 .; Consultant gees to hold in confi ice all. * such secret 1 information disclosed to Consultant or developed by Consultant in connection with the work performed under this 2 ,,aL•;;? agreement, eitherzIn-�writing, verball 3 �:. Y, or as a result of the Consultation excePtV 4 G (1) Information which, at the time of disclosure is 7 in the public domain or which, after disclosure, becomes part of 8 the public domain by publication or otherwise through no action 9 or fault of Consultant; or 10 11 (2) Information which Consultant can show is in- its 12 Possession at the time of disclosure and was not ac red, 13 directly or indirectly, from City= ..L ' 14 15 (3) Information which was received by Consultant-from 16 a third party having the legal right to transmit that information. 17 18 19 (b) consultant shall not, without the written permission 20 of the Data Systems Manager, use the secret information, which 21 Consultant is obligated hereunder to maintain in confidence, for 22 any reason other than to enable Consultant to properly and 23 completely perform under this agreement. 24 25 (c) CO� sultant shall not reproduce or make copies of the secret information or Consultantop output, except as required in 2G ' 27 the performance of this agreement. Upon termination of the agreement for any reason whatsoever, Consultant shall 28 promptly deliver to City all correspondence, drawings, blueprints, 8 manuals, It era, notes, notebooks, reports, flow-charts, 1 programs, proposals, or documents concerning city. Except as may be required for performance of this 3 ,►... 4 agreement, " Consultant shall not, during or at any time 5 subsequent to this agreement, unless City has given prior G written consent, disclose or use the secret information or engage in or refrain from any action, where such action or 8 inaction may result (1) in the unauthorized disclosure of any or 9 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 o �f qny 12 information which -comes to Consultant's attention which dhes or 13 i • 14 might indicate that there has been any loss of confidentiality 15 of such secrets or breach of such rights. ' 16 (f) Consultant shall limit the disclosure of the secret 17 information to those persons in Consultant's organization or the 18 City, who have a need to know all or part of the secret 19 20 information. Consultant shall make such disclosure to each such 21 person limited to that portion of the secret information that that person needs to know. Consultant shall inform each such ' 22 person of the provisions of this agreement regarding secret 23 information and shall make reasonable efforts to insure that 24 each such person shall abide by those provisions. 25 26 14. Notices . 27 Any notice required to be given hereunder shall be deemed . i 4 I :. to have - be- given by depositing sa notice in the- United States mail, postage prepaid, and addressed as follows: 1 2 •'}• •I r �. 1 City: Consultant: Sbeuna ':Clark, City Clerk Ruth Parish 4 City of San Bernardino 78-650 Avenue 42 #2001 300 North "D" Street Bermuda Dunes, CA 92201 5 San Bernardino, CA 92418 6 15. Entire Agreement 7 8 This contract constitutes the entire Agreement between City and Consultant and may be modified only by further written agreement between the parties. ._ar 10 IN WITNESS WHEREOF, this Agreement has beendexecuted:�by 12 the parties effective as of the date and year first abode 13 written. i1 . �,-., .: 15 16 17 CITY OF SAN BERNARDINO, a Municipal Corporation of 18 ATTEST: State of Californi 19 5hauna Clark W: /R: H 1co , Mayo" 21 City Clerk City of San ernaicdino 22 23 - . 24 Ruth Parish 25 Approved as to form . 26 and legal content: 27 28 es F. Penman C ty Attorney i • i A P /A P /w n , _ •