Resolution No. 73301
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RESOLUTION NO. 7330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES BY AND BETWEEN A.C.T. GIS,
INC. AND THE CITY OF VERNON
WHEREAS, the City of Vernon desires to retain the
services of a professional consulting company for development and
implementation of a geographic information system ("GIS"); and
WHEREAS, A.C.T. GIS, Inc. is a consulting company
qualified to develop and implement a GIS for the City of Vernon;
I and
WHEREAS, the Finance Committee of the City of Vernon on
May 17, 1999, recommended the retention of A.C.T. GIS, Inc.
pursuant to a proposal dated May 3, 1999, for consulting services
respecting the development and implementation of a geographic
information system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the Agreement for Professional Consulting
Services, a copy of which has been presented to the City Council
concurrently with this resolution, and the City Council hereby
orders said Agreement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
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Agreement for, and on behalf of, the
City of Vernon.
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SECTION 4: The City Clerk
of the City of Vernon shall
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certify to the passage of this Resolution, and thereupon and
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thereafter the same shall be in full
force and effect.
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APPROVED AND ADOPTED this
15th day of June, 1999.
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EONIS C. MAL URGfta r
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ATTEST•
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7330, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, June 15, 1999, and thereafter was duly signed by the
Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
0 ,.
EXECUTION COPY
1 AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
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3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and
5 used as the original hereof for all purposes, as of this 18th day
6 of May, 1999, in the City of Vernon, County of Los Angeles,
7 California
8 BY AND BETWEEN THE CITY OF VERNON,
(hereinafter referred to as
9 "City")
4505 Santa Fe Avenue
10 Vernon, California 90058
11 AND A.C.T. GIS, INC. (hereinafter
referred to as "Consultant")
12 937 South Via Lata
Colton, CA 92324
13 RECITALS
14 WHEREAS, the City desires to retain a consultant to
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develop and implement a geographic information system ("GIS"); and
16 WHEREAS, the City desires to engage the Consultant for
17 the services hereinafter described; and
18 WHEREAS, Consultant submitted a proposal to City dated
19 May 3, 1999 ("the Proposal"), which includes a description of
20 proposed services and a cost proposal; and
21 WHEREAS, Consultant represents that it is qualified to
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perform such services under this Agreement for Professional
23 Consulting Services (hereinafter "Agreement").
24 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
25 SET FORTH HEREIN:
26 I. SCOPE OF SERVICES
27 1. Incorporation of Proposal. Consultant shall
28 perform services as outlined in the Proposal, which is made a part
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hereof by reference. It is understood and agreed that in the
event of a conflict between the Proposal and this Agreement, the
terms of this Agreement shall prevail. It is further understood
and agreed that Appendix 3 of the Proposal is deemed omitted.
2. Subcontractors. It is understood and agreed
that Consultant will subcontract a portion of the work to
Environmental Systems Research Institute, Inc. ("ESRI") and
Digital Map Products ("DMP"), but that Consultant is solely
responsible for the performance of this Agreement, including the
performance of any tasks by said subcontractors.
II. TIME OF PERFORMANCE
Consultant's services herewith shall commence upon
signing of the Agreement and shall be completed by October 28,
1999, unless terminated or extended.
III. COMPENSATION
1. Services. The City shall compensate the
Consultant in an amount not to exceed Eighty-one Thousand Seven
Hundred Twenty Dollars and No Cents ($81,720.00), for all services
and expenses outlined in the Proposal.
2. Expenses. Directly related travel expenses and
other costs may be billed if approved in advance by the City
Administrator.
IV. METHOD OF PAYMENT
Within thirty (30) days after the last day of any month
in which services have been performed or costs incurred hereunder,
the Consultant shall submit an invoice to the City stating the
amount due the Consultant. Invoices shall contain an itemization
of services rendered, directly related job expenses and
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1 subcontract charges, and an estimate of the percentage completed
2 for each milestone or task. Consultant shall be responsible for
3 paying all subcontractors used in the performance of this
4 Agreement. Subcontractors shall not bill the City directly.
5 Payment of the invoice shall be made after acceptance and
6 approval by the City within thirty (30) days of receipt. The
7 City's approval of the invoice shall not be unreasonably withheld.
8 V. CONFIDENTIAL INFORMATION
9 1. Access to Confidential Information. The City of
10 Vernon may provide Consultant with, or allow Consultant access to,
11 certain information -not available to the public concerning the
12 City of Vernon, or businesses located in the City of Vernon. The
13 information may include company information, taxes, sales, value
14 of assets, or other such information. All such information shall
15 be known as "Confidential Information" and may not be used to
16 circumvent the responsibility of either party to this Agreement.
17 2. No Disclosure. Except as expressly permitted,
18 Consultant shall not disclose, permit the disclosure of, release,
19 disseminate, or transfer, whether orally or by any other means,
20 any part of such Confidential Information to any other person or
21 entity, whether corporate, governmental, or individual, without
22 the express prior written consent of an authorized representative
23 of the City of Vernon. Consultant shall return any written
24 Confidential Information, and all copies made of such items, to
25 the City upon the City's written request, but in any event not
26 later than the date that the Consultant has performed all services
27 to be performed pursuant to this Agreement. Consultant hereby
28 agrees that such Confidential Information and any documents
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provided may be used by Consultant only as authorized by the City
or the City of Vernon. Consultant shall take reasonable measures
to avoid any disclosure of any such Confidential Information to
any unauthorized person.
3. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena
requiring disclosure of Confidential Information, and shall
cooperate with legal counsel in the appeal or challenge of any
such order or subpoena. Recipient may only disclose Confidential
Information required to be disclosed pursuant to court order or
subpoena after legal counsel has exhausted any lawful and timely
appeal or challenge.
4. Remedies. In addition to any other remedies
that it may have at law or in equity, the City shall be entitled
to a temporary and permanent injunction by a court of competent
jurisdiction against any breach or threatened breach of the
Confidential Information provisions of this Agreement. Consultant
acknowledges that in case of such breach or threatened breach of
said provisions, the City would have no adequate remedy at law.
VI. INDEMNITY AND INSURANCE.
1. Indemnification of City. The Consultant shall
indemnify, defend, protect and hold the City and its officers,
agents and employees, free and harmless from and against any and
all claims, demands, losses, damages, liabilities, fines, charges,
penalties, orders, judgments, and all costs and expenses incurred
in connection therewith, including reasonable attorney's fees and
costs of defense arising out of or attributable to the negligent
or wrongful acts of Consultant or its subcontractors, employees or
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agents in the performance of services under this Agreement, except
to the extent arising from or caused by the sole negligence or
willful misconduct of the City, its officers, agents or employees.
2. Patent or Copyright Infringement. The Consultant
shall indemnify, defend, protect and hold the City and its
officers, agents and employees, free and harmless from and against
any and all claims, demands, losses, damages, liabilities, fines,
charges, penalties, orders, judgments, and all costs and expenses
incurred in connection therewith, including reasonable attorney's
fees and costs of defense, based upon a claim that any software
program or other product used or furnished by Consultant in the
performance of this Agreement constitutes an infringement of any
United States patent or copyright, provided that this indemnity
shall not apply to any such software program or other product that
(i) is based upon specifications provided by City or (ii) is based
upon modifications or additions made by City or (iii) is used in a
manner not authorized by Consultant.
3. Insurance. Consultant shall maintain in full
force and effect during the term of this agreement policies of
automobile liability, workers compensation and other insurance
coverage as set forth in the Schedule of Insurance which is
attached hereto as Exhibit "A" and made a part hereof by reference
and shall provide proof thereof as required therein.
VII. GENERAL PROVISIONS
1. Independent Contractor. At all times during the
term of this Agreement, the Consultant shall be an independent
contractor and shall not be an employee of the City. The City
shall have the right to control the consultant only insofar as the
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results of the Consultant's services rendered pursuant to this
Agreement; however, the City shall not have the right to control
the means by which the Consultant accomplishes services rendered
pursuant to the Agreement except to the extent that such services
involve the use of City of Vernon property or Confidential
Information.
2. Consultant Not Agent. Except as the City may
specify in writing, the consultant shall have no authority,
express or implied, to act on behalf of the City in any capacity
whatsoever as an agent. The Consultant shall have no authority,
expressed or implied, pursuant to this Agreement to bind the City
to any obligation whatsoever.
3. Validity. The validity, interpretation and
performance of this Agreement shall be controlled and construed
under the laws of the State of California.
4. Products of Consulting. All products of
consulting services with the exception of computer software
developed by the Consultant, shall become the property of the City
and shall be delivered to the City before the end of the
performance of this Agreement. Basic survey notes and sketches,
charts, computations and other data shall be made available to
City without restriction or.limitation on their use.
5. Assignment and Subcatracting Prohibited.
Except as provided in paragraph I of this Agreement, no party to
this Agreement may assign or subcontract any right or obligation
pursuant to this Agreement except with the express written consent
of the other party. Any other attempted or purported assignment
of any right or obligation pursuant to this Agreement shall be
I void and of no effect.
2 6. Termination. This Agreement may be terminated
3 by the City without cause on thirty (30) days written notice to
4 the Consultant. The Consultant shall be entitled to the
5 compensation earned by it prior to the date of*the termination
6 notice, computed pro rata up to and including that date, plus
7 compensation for work performed during the thirty -day notice
8 period and authorized in the termination notice. Consultant may
9 terminate this Agreement on twenty (20) days written notice to the
10 City if City fails to pay Consultant's invoice within forty-five
11 (45) days of receipt by City; provided, that the Agreement shall
12 not be terminated if the City issues payment within said twenty
13 day notice period.
14 7. Attorney's Fees. In the event that it becomes
15 necessary for either party to this Agreement to enforce any of the
16 provisions of this Agreement, the parties agree that a court of
17 competent jurisdiction may determine and fix reasonable attorney's
18 fees to be paid to the successful litigant.
19 8. Notices. Notices to the parties unless
20 otherwise requested in writing shall be sent to:
21 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
22 CITY ADMINISTRATOR
4305 SANTA FE AVENUE
23 VERNON, CA 90058-0805
24 Consultant: A.C.T. GIS, INC.
ATTN: WILLIAM L. MATTESON
25 937 S. VIA LATA
COLTON, CA 92324
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IX. ENTIRE AGREEMENT
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This Agreement is the entire Agreement of the parties,
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the Consultant represents that in entering into this Agreement, it
has not relied on any previous representations or understandings
of any kind or nature.
X. BENEFIT OF AGREEMENT
This Agreement shall bind and benefit the parties hereto
and their heirs, successors, and permitted assigns.
XI. GOVERNING LAW.
This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the City and the Consultant have
executed this Agreement as of the date first hereinabove set
forth.
THE CITY OF VERNON
BY:
LEONIS C. MA URG, �Myor
ATTE
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
Cam-. . Cr-1
DAVID B. BREARLEY, City Atto ney
MM
By:
Tit
By:
Tit
EXHIBIT A
INSURANCE SCHEDULE (CONSULTANT)
The Contractor shall provide proof of insurance, including a standard
certificate of insurance, in at least the following amounts and coverage
(combined single, limit permitted):
I. Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability $ 100,000 $ 300,000 $ 50,000
Workers' Compensation $ Statutory
Employers' Liability* $1,000,000 per accident or disease
II. General and
Professional Liability
General Liability $1,000,000
Premises Operations $1,000,000
Elevators
(if applicable) $1,000,000
Independent
Contractors $1,000,000
Products - Completed
Operations $1,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
a. The general liability policy shall contain the following special
endorsements which shall be noted on or attached to the standard
certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and
employees as additional insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days
notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations under this
Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general
and professional liability coverage shall be furnished in the form checked
below. Certification of the following proofs by the insurance agent or
broker will not be accepted:
X For each policy, a notarized letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are true and
correct and that the signator is an officer authorized to'so
certify.
A copy of each policy certified by an officer of the underwriter
or carrier and notarized.
* Not applicable if consultant has no employees.
EXHIBIT A
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: June 23, 1999
T0: Joan Francone, sk Manager/Personnel Assistant
FROM: Gloria J. Oros , Chief Deputy City Clerk
RE: A.C.T. GIS, Inc.
Transmitted herewith is a copy of the Agreement for Professional
Consulting Services with A.C.T. GIS, Inc., which was approved by
City Council on June 15, 1999 through Resolution No. 7330.
Upon receipt of the necessary insurance documents as specified in
Section VI. No. 3, and approval of same from your office, I will
forward a fully executed duplicate original to A.C.T. GIS, Inc.
cc: Kevin Wilson
Kenneth DeDario
Dolores Fonseca
EXECUTION COPY
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AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and
used as the original hereof for all purposes, as of this 18th day
of May, 1999, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON,
(hereinafter referred to as
«City")
4505 Santa Fe Avenue
Vernon, California 90058
AND A.C.T. GIS, INC. (hereinafter
referred to as "Consultant")
937 South Via Lata
Colton, CA 92324
RECITALS
WHEREAS, the City desires to retain a consultant to
develop and implement a geographic information system ("GIS"); and
WHEREAS, the City desires to engage the Consultant for
the services hereinafter described; and
WHEREAS, Consultant submitted a proposal to City dated
May 3, 1999 ("the Proposal"), which includes a description of
proposed services and a cost proposal; and
WHEREAS, Consultant represents that it is qualified to
perform such services under this Agreement for Professional
Consulting Services (hereinafter "Agreement").
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
I. SCOPE OF SERVICES
1. Incorporation of Proposal. Consultant shall
perform services as outlined in the Proposal, which is made a part
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hereof by reference. It is understood and agreed that in the
event of a conflict between the Proposal and this Agreement, the
terms of this Agreement shall prevail. It is further understood
and agreed that Appendix 3 of the Proposal is deemed omitted.
2. Subcontractors. It is understood and agreed
that Consultant will subcontract a portion of the work to
Environmental Systems Research Institute, Inc. ("ESRI") and
Digital Map Products (11DMP11), but that Consultant is solely
responsible for the performance of this Agreement, including the
performance of any tasks by said subcontractors.
II. TIME OF PERFORMANCE
Consultant's services herewith shall commence upon
signing of the Agreement and shall be completed by October 28,
1999, unless terminated or extended.
III. COMPENSATION
1. Services. The City shall compensate the
Consultant in an amount not to exceed Eighty-one Thousand Seven
Hundred Twenty Dollars and No Cents ($81,720.00), for all services
and expenses outlined in the Proposal.
2. Expenses. Directly related travel expenses and
other costs may be billed if approved in advance by the City
Administrator.
IV. METHOD OF PAYMENT
Within thirty (30) days after the last day of any month
in which services have been performed or costs incurred hereunder,
the Consultant shall submit an invoice to the City stating the
amount due the Consultant. Invoices shall contain an itemization
of services rendered, directly related job expenses and
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subcontract charges, and an estimate of the percentage completed
for each milestone or task. Consultant shall be responsible for
paying all subcontractors used in the performance of this
Agreement. Subcontractors shall not bill the City directly.
Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days of receipt.. The
City's approval of the invoice shall not be unreasonably withheld.
V. CONFIDENTIAL INFORMATION
1. Access to Confidential Information. The City of
Vernon may provide Consultant with, or allow Consultant access to,
certain information not available to the public concerning the
City of Vernon, or businesses located in the City of Vernon. The
information may include company information, taxes, sales, value
of assets, or other such information. All such information shall
be known as 11Confidential Information" and may not be used to
circumvent the responsibility of either party to this Agreement.
2 No Disclosure. Except as expressly permitted,
Consultant shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means,
any part of such Confidential Information to any other person or
entity, whether corporate, governmental, or individual, without
the express prior written consent of an authorized representative
of the City of Vernon. Consultant'shall return any written
Confidential Information, and all copies made of such items, to
the City upon the City's written request, but in any event not
later than the date that the Consultant has performed all services
to be performed pursuant to this Agreement. Consultant hereby
agrees that such Confidential Information and any documents
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1 provided may be used by Consultant only as authorized by the City
2 or the City of Vernon. Consultant shall take reasonable measures
3 to avoid any disclosure of any such Confidential Information to
4 any unauthorized person.
5 3. Court Ordered Disclosure. Consultant shall
6 immediately notify the City of any court order or subpoena
7 requiring disclosure of Confidential Information, and shall
8 cooperate with legal counsel in the appeal or challenge of any
9 such order or subpoena. Recipient may only disclose Confidential
10 Information required to be disclosed pursuant to court order or
11 subpoena after legal counsel has exhausted any lawful and timely
12 appeal or challenge.
13 4. Remedies. In addition to any other remedies
14 that it may have at law or in equity, the City shall be entitled
15 to a temporary and permanent injunction by a court of competent
16 jurisdiction against any breach or threatened breach of the
17 Confidential Information provisions of this Agreement. Consultant
18 acknowledges that in case of such breach or threatened breach of
19 said provisions, the City would have no adequate remedy at law.
20 VI. INDEMNITY AND INSURANCE.
21 1. Indemnification of City. The Consultant shall
22 indemnify, defend, protect and hold the City and its officers,
23 agents and employees, free and harmless from and against any and
24 all claims, demands, losses, damages, liabilities, fines, charges,
25 penalties, orders, judgments, and all costs and expenses incurred
26 in connection therewith, including reasonable attorney's fees and
27 costs of defense arising out of or attributable to the negligent
28 or wrongful acts of Consultant or its subcontractors, employees or
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1 agents in the performance of services under this Agreement, except
2 to the extent arising from or caused by the sole negligence or
3 willful misconduct of the City, its officers, agents or employees.
4 2. Patent or Copyright Infringement. The Consultant-
5 shall indemnify, defend, protect and hold the City and its
-6 officers, agents and employees, free and harmless from and against
7 any and all claims, demands, losses, damages, liabilities, fines,
8 charges, penalties, orders, judgments, and all costs and expenses
9 incurred in connection therewith, including reasonable attorney's
10 fees and costs of defense, based upon a claim that any software
11 program or other product used or furnished by Consultant in the
12 performance of this Agreement constitutes an infringement of any
13 United States patent or copyright, provided that this indemnity
14 shall not apply to any such software program or other product that
15 (i) is based upon specifications provided by City or (ii) is based
16 upon modifications or.additions made by City or (iii) is used in a
17 manner not authorized by Consultant.
18 3. Insurance. Consultant shall maintain in full
19 force and effect during the term of this agreement policies of
20 automobile liability, workers compensation and other insurance
21 coverage as set forth in the Schedule of Insurance which is
22 attached hereto as Exhibit "A" and made a part hereof by reference
23 and shall provide proof thereof as required therein.
24 VII. GENERAL PROVISIONS
25 1. Independent Contractor. At all times during the
26 term of this Agreement, the Consultant shall be an independent
27 contractor and shall not be an employee of the City. The City
28 shall have the right to control the consultant only insofar as the
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1 results of the Consultant's services rendered pursuant to this
2 Agreement; however, the City shall not have the right to control
3 the means by which the Consultant accomplishes services rendered
4
pursuant to the Agreement except to the extent that such services
5 involve the use of City of Vernon property or Confidential
6 Information.
2. Consultant Not Agent. Except as the City may
8 specify in writing, the consultant shall have no authority,
9 express or implied, to act on behalf of the City in any capacity
10 Whatsoever as an agent. The Consultant shall have no authority,
.11 expressed or implied, pursuant to this Agreement to bind the City
12 to any obligation whatsoever.
13 3. Validity. The validity, interpretation and
14 performance of this Agreement shall be controlled and construed
15 under the laws of the State of California.
16 4. Products of Consulting. All products of
17 consulting services with the exception of computer software
18 developed by the Consultant, shall become thepropertyof the City
19 and shall be delivered to the City before the end of the
20 performance of this Agreement. Basic survey notes and sketches,
21 charts, computations and other data shall be made available to
22 City without restriction or.limit,ation on their use.
23 5. Assignment and Subcontracting Prohibited.
24 Except as provided in paragraph I of this Agreement, no party to
25 this Agreement may assign or subcontract any right or obligation
26 pursuant to this Agreement except with the express written consent
27 of the other party. Any other attempted or purported assignment
28 of any right or obligation pursuant to this Agreement shall be
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void and of no effect.
6. Termination. This Agreement may be terminated
by the City without cause on thirty (30) days written notice to
the Consultant. The Consultant shall be entitled to the
compensation earned by it prior to the date of'the termination
notice, computed pro rata up to and including that date, plus
compensation for work performed during the thirty -day notice
period and authorized in the termination notice. Consultant may
terminate this Agreement on twenty (20) days written notice to the
City if City fails to pay Consultant's invoice within forty-five
(45) days of receipt by City; provided, that the Agreement shall
not be terminated if the City issues payment within said twenty -
day notice period.
7. Attorney's Fees. In the event that it becomes
necessary for either party to this Agreement to enforce any of the
provisions of this Agreement, the parties agree that a court of
competent jurisdiction may determine and fix reasonable attorney's
fees to be paid to the successful litigant.
8. Notices. Notices to the parties unless
otherwise requested in writing shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: A.C.T. GIS, INC.
ATTN: WILLIAM L. MATTESON
937 S. VIA LATA
COLTON, CA 92324
IX. ENTIRE AGREEMENT
This Agreement is the entire Agreement of the parties,
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the Consultant represents that in entering into this Agreement, it
has not relied on any previous representations or understandings
of any kind or nature.
X. BENEFIT OF AGREEMENT
This Agreement shall bind and benefit the parties hereto
and their heirs, successors, and permitted assigns.
XI. GOVERNING LAW.
This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the City and the Consultant have
executed this Agreement as of the date first hereinabove set
forth.
THE CITY OF VERNON
BY: Buz,
LEONIS C. MAAPURG, M yor
ATTES
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
(S�'- , CI�'rw
DAVID B. BREARLEY, City Attorney
By:
Tit
By:
Tit
EXHIBIT A,
INSURANCE SCHEDULE (CONSULTANT)
The Contractor shall provide proof of insurance, including a standard
certificate of insurance, in at least the following amounts and coverage
(combined single limit permitted):
I.
Hazards
Automobile Liability
Coverage and Limits
Bodily Injury Property Damage
Each Person Each Accident Each Accident
$ 100,000 $ 300,000 $ 50,000
Workers' Compensation $ Statutory
Employers' Liability* $1,000,000 per accident or disease
II. General and
Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators
(if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent
Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed
Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1,000,000
$2,000,000
$1,000,000
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a. The general liability policy shall contain the following special
endorsements which shall be noted on or attached to the standard
certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and
employees as additional insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days
notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations under this
Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general
and professional liability coverage shall be furnished in the form checked
below. Certification of the following proofs by the insurance agent or
broker will not be accepted:
X For each policy, a notarized letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are true and
correct and that the signator is an officer authorized to so
certify.
A copy of each policy certified by an officer of the underwriter
or carrier and notarized.
* Not applicable if consultant has no employees.
EXHIBIT A
�IIVII�I IM�i I ilidl` III141,,,
OR CONST ROL'I'ION IMf+LEk NTAIIONS
• APPLICATIONS TRAINING
actinfo@actgis.com
May 1, 1999
J.N. 0253.01.35
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Ms, Carol Dacey —Information Systems Manager
Regarding: GIS Qualifications
A.C.T. GIS, Inc.
93.7 S. Via Lata, Suite 500
Colton, CA 92324
Phone: (909)824-0246
FAX: (909)783-0108
Email:
A.C.T. GIS, in association with Environmental Systems Research Institute, Inc.(ESRI) and Digital Map Products
(DMP) appreciates the opportunity to respond to your RFQ to provide Geographic Information System (GIS)
Implementation services for the City of Vernon. This response will outline the A.C.T. project teams' capabilities
and qualifications for providing the necessary evaluation and guidance, as well as the subsequent software,
hardware, and data required to implement a complete, functional, and efficient GIS.
With A.C.T.'s extensive experience in GIS Needs Assessment/Implementation Plan development, application
programming, database development, training and with the subcontractor's experience, an extremely diverse and
talented team which is in fact unparalleled in the GIS arena, is being offered. The credentials of the A.C.T.
personnel who will be providing the phased work products and services to the City of Vernon are listed in their
resumes (Appendix One) and a brief description of their individual backgrounds are listed under the Staff
Qualifications category on page 4.
Regarding the software to be provided by ESRI, it is important to recognize that ESRI is the world leader in
professional and desktop GIS related software products. They support all levels of government and private industry
and have been providing focused GIS solutions for thirty years.
Regarding the data to be provided by DMP, it is important to remember that they are an authorized distributor of
county data and as such, specialize in it's installation along with a suite of related and supportive products.
Once again, we are pleased to have this opportunity to collectively support your need for GIS services and look
forward to working with the City of Vernon staff in implementing an efficient and beneficial GIS program.
Sincerely,
A.C.T. GIS, Inc.
William L. Matteson
Principal
Table of Contents
Section Page
I. Respondent's Qualifications . .......................... ................... 2
II. Staff Qualifications .... ....... .. ........ ..... ...... 3
III. Proposed Implementation Plan ........ .. ................. ...... ............. 5
IV. Deliverables and Costs . ...................... .. .. ............. 11
V. Advantages of Proposed Software/Hardware ................................................ 13
VI. Availability of Resources ... ............. ...................... .. ............... 15
VII: Additional Information . ......... .............................................. .. 16
Appendices
Appendix One - Staff Resumes
Appendix Two - Staff Rate Schedule
Appendix Three - Standard Form of Agreement
J.N. 0253.01 Response to City of Vemon's
Maya, 1999 GIS Implementation RFQ
I. Respondent's Qualifications
A.C.T. GIS
A.C.T. GIS will act as prime contractor for the desired service, with ESRI and DMP acting as sub -contractors.
Considering ESRI's emphasis on GIS related software, and their ARC/INFO (professional) and ArcView (desktop)
suite of software products, the three A.C.T. staff members who will work on the City of Vernon project average
20 years in GIS and 18 years specializing in these ESRI products. In a consultancy basis, they are assisting clients
80% of their time:
♦ Performing Needs and Situation Assessments
♦ Designing Implementation Strategies
♦ Designing Databases
♦ Automating/Converting/Reformatting Data
♦ Producing Analytical Spatial Models
♦ Programming Applications
♦ Integrating Computer Systems
♦ Training - ARC/INFO, GRID, TIN, Network, AML, ArcView, Avenue, etc.
The A.C.T. Business Plan is structured around a philosophy of having a small firm of GIS "experts" that are
called upon to conduct the most challenging studies or solve the most complex problems. Evidence of our
success in this philosophy is represented by the many contracts we have where our competitors request our
assistance to provide services they could not provide.
As we will propose for the City of Vernon, (see section III - Proposed Implementation Plan), A.C.T. has
completed Needs Assessment/Implementation Plans for the Cities of Palm Desert, Irvine, Escondido and
Murrieta and recently have been chosen to perform this service for the Cities of Costa Mesa, Compton, and
Rosemead. For your information, we have available examples of the Murrieta Situation Assessment
matrices and Implementation Schedules and will provide them upon request. Our approach will be to provide
you with similar summaries along with a brief writeup outlining your needs for the city's GIS program.
Regarding applications that produce menus to make GIS technology easy to use by novice personnel, clients
contract with us for such products because of our experience in producing award -winning solutions.
Regarding the professional ARC/INFO software, A.C.T. staff have been using AML to develop applications
basically since AML was made available. Since the inception of the desktop system ArcView (and it's
programming language Avenue) and MapObjects (supported by Visual Basic), A.C.T. has produced
numerous customized application for efficient client/server interaction. As current examples, A.C.T. staff
recently programmed a'call-before-you-dig' MapObjects application to support blue -stake needs for Clark
County in Nevada, an ArcView-based revenue oriented display and query application driven from inside an
accounting system for Municipal Resource Consultants (MRC), and a Utility/Facility query oriented
MapObjects Internet Map Server application for the City of Corona.
A.C.T. staff are constantly faced with interfacing relational database management software, such as
ORACLE and it's Data Browser, Data Integration and SQL capabilities. A.C.T. in fact specializes in linking
J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
to various geographical and non -geographical databases and tables. We also perform a diversified array of
geo-spatial integrations from edgematching, sheet alignment and topological associations to table merging
combinations.
A.C.T. staff have been automating data since the early 1970s, including digitizing, reformatting, scanning,
etc. in the ARC/INFO, AutoCAD, and Civi1CADD environments. A.C.T. has just completed
streetlight/interconnect data automation for the City of Corona. The menu -assisted construction consists
of producing lines, nodes and attribute data associated with the various types of streetlights throughout the
city. This automation project for Corona was in conjunction with a larger overall conversion project where
A.C.T. managed the conversion of sewer, water, and storm drain data as well, and produced the database
design that would allow connection to an ORACLE based facilities maintenance software (CASSWORKS
by RJN). A.C.T. has also performed storm drain automation and zoning map development for the City of
Palm Desert and storm drain automation for the City of Murrieta.
A.C.T. GIS performs QA/QC procedures with every graphic file and database that we construct, evaluate,
or acquire. We routinely implement QA/QC processes to verify projection, scale, datum and topologically
correct digitizing (i.e. overshoots, undershoots, duplication, etc.) on various client coverages. Also,
regarding QC standards, we regularly quality check databases and metadata for relational information
compatibility.
Regarding data conversions, A.C.T. staff have been reformatting purchased data and re -processing existing
data to improve its accuracy (topologically and otherwise) with virtually every contract for the past 8 years
(and before that as employees of ESRI). The conversions have been performed with the importing and
exporting of ARC/INFO, AutoCAD, MapInfo and Intergraph formats.
A.C.T. analysts have modeled with ESRI software modules literally for decades, going all the way back to
Automap, which preceded the original GRID package, which preceded PIOS, which preceded ARC/INFO,
and which now includes Network, TIN, and GRID. A.C.T. staff have expertise in all of these packages.
These statements of qualifications outline the experience and background of the A.C.T. professionals who
pride themselves on having worked with a variety of GIS systems at all levels of government and the private
sector. They have worked as analysts, programmers, cartographers, trainers, and system administrators,
allowing A.C.T. to provide an unbiased approach to virtually any type of analyses and then to provide
detailed solutions.
II. Staff Qualifications
William Matteson, Director of Operations for A.C.T. GIS, will be the Project Leader, coordinating activities
and assuring completion in,a timely manner.. Bill has 25 years experience in GIS, 17 of them (from 1973-
1989) with ESRI, where he was projects coordinator, project manager, and lead ARC/INFO instructor. Bill,
among other things, created ESRI's original training program, conducted over 200 training seminars,
initiated and ran the main ESRI User Conference for 9 years, and began the original ESRI newsletter which
later became ArcNews. Bill has been project manager on several large database creation efforts, and has
conducted numerous professional studies, including recent needs assessments and implementation plans for
2
J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
the Cities of Irvine, Escondido, and Palm Desert in California. He recently completed the attribute database
design for the City of Corona's parcel, centerline, water, sewer, storm drain, and street light data layers,
to include providing interface `links' to the Oracle -based Sierra Permits and CASSWORKS Utility software
packages. Bill also designed and trains A.C.T.'s unique Introduction to ARC/INFO course, and is
completing a Management Seminar to be offered to organizations wishing to integrate GIS technology.
Kyler Diershaw is a GIS Analyst, able to perform the most in-depth evaluations and to subsequently provide
the most efficient solutions to virtually any kind of problem. He provides unparalleled RDBMS skills for
database design, integration, and management, having spent large amounts of time working with ORACLE
and other RDBMS's. Kyler has also spent approximately 15 dedicated months producing a large AML
based `object'oriented parcel, street and utility maintenance ArcEdit based application (including dynamic
segmentation capabilities and simultaneous linking to and updating of external databases such as ORACLE).
Kyler was one of two technicians who controlled GIS implementation for and while employed with the City
of Phoenix, 2providing automation design for sewer and water infrastructure and city-wide query and
mapping applications. Also during his employment with the City of Phoenix, Kyler produced the'Wellhead
Protection Application' which is programmed to evaluate potential ground and surface water pollution.
relating to wells and storm water collection systems. This software is currently in use at the City of Phoenix
to produce 'exclusion' maps and reports and to support the city's compliance to the "Safe Water Drinking
Act Kyler is a prior winner of the yearly ESRI Application Development Contest and has also won the
URISA National Exemplary Systems in Government Award for his application development. Kyler also
trains Advanced ARC/INFO, Network, GRID, AML, and TIN courses.
Jeff Smith has 18 years experience (6 at ESRI) building databases and producing applications to make
related database building operations efficient. Jeff also provides expert programming skills with AML,
Avenue, MapObjects and Visual Basic. Over the years, he has also developed a special expertise at
producing menus to assist the efficiency of the automation process. Jeff recently received unanimous client
acclaim for an emergency response application created for an oil company. It involved 'drill down' map
scenarios, eventually highlighting a trouble spot and automatically identifying the name and phone number
of the maintenance person. responsible for response and giving the nearest 'upstream' shut off valve.
Jay Seckman is the GIS Specialist at A.C.T. who has considerable experience involving data
automation/conversion and related database creation using ARC/INFO, ArcView, and AutoCAD softwares.
He also provides on -site GIS assistance for various clientele along with cartographic, map production, and
remote sensing processes. Jay manages the A.C.T. GIS Technician team which is working on various
projects involving zonal mapping, storm drain automation, street light automation, address range creation,
and QA/QC processes. Jay is also an ESRI Authorized ArcView instructor.
A. C. T. is one of twentyfirms selected nationally to support the ESRI Internet/Intranet Map Server Starter
Application installations and has recently assisted the Cities of Corona, Escondido, and Barstow in their
deployment. These applications provide easy GIS access for the casual user, front counter staff, and upper
management and the application at the City of Corona has been recently enhanced for Facility Queries.
III. Proposed Implementation Plan
3
J.N. 0253.01
May 3, 1999
1. General information:
Response to City of Vernon's
GIS Implementation RFQ
Implementing GIS for the City of Vernon will involve conducting a Needs Assessment, using the
information obtained .to produce an Implementation Plan, and subsequently as part of the
Implementation Plan, obtain hardware, software, and data to provide solutions to staff needs.
A Needs Assessment is a process to collect information and define the goals, objectives, priorities and
operating rules for development or enhancement of a GIS. The Implementation Plan, based on the
Needs Assessment, provides a phased guide for the acquisition of hardware, software, and data, for
the automation and/or conversion of data that is not already automated or that is not in the necessary
format, for application development to provide menus that allow easy use of the technology, and for
the identification of appropriate training.
One year and three year Implementation Plans outlining goals will be prepared. The one year plan will
provide for the installation of simple but useful products. The three year plan will provide for phasing
in much more complex data and applications.
The Needs Assessment/ Implementation Plan will:
♦ Collect and synthesize information about existing and required hardware, software, data,
applications, and staff.
♦ Facilitate an organized, integrated, and cost-effective implementation approach.
♦ Provide an organizational consensus authorizing simple, less expensive products and
applications to be built in the early stages of implementation.
♦ Provide the ability to learn about the versatility and the power of GIS.
♦ Demonstrate the efficacy of the system to skeptics.
♦ Allow for the consistent development of maps and applications from simple to plex over a longer
period of time, while allowing growing numbers of staff to learn about GIS through the use of
these developing applications .
The Needs Assessment we propose for the City of Vernon would be conducted by two, highly
experienced A.C.T. staff who would:
♦ Meet with City of Vernon Staff to determine who should be involved in an interview and
questionnaire process.
♦ Conduct a study session with key management and technical staff to describe GIS, the Needs
Assessment Process, and the Implementation Plan.
♦ Meet individually and/or in very small groups with key management and technical staff to
administer the questionnaire in person and ask follow up questions emanating from questionnaire
responses.
In addition to hardware, software, data, and staff topics, these sessions will address, but not be limited
to, the following organizational issues:
♦ What are managements expectations and concerns?
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J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
What are the technicians expectations_ and concerns?
♦ What are the core staffs expectations and concerns?
♦ Why is the organization considering GIS?
♦ Which Departments will participate? Why?
♦ Which Departments will not participate? Why?
♦ Which Department is the GIS lead?
♦ What other Departments and Sections will be involved?
♦ Is there agreement that the Lead Department should continue as the lead? If no, which Division
should be lead? Why?
2. Questionnaire and Staff Interviews
As mentioned, key staff selected from each of the participating entities will be surveyed by completing
questionnaires through personal interviews.; A.C.T. staff has found that the results of the questionnaire
are more complete and insightful if A.C.T. staff and client staff complete the questionnaire together.
A.C.T. can answer staff questions based on specific'requirements or needs of divisions or sections, and
can ask any new questions based on staff input. This assures a product that is both quick and
complete.
Staff interviews are designed to identify:
♦ Overall functions
♦ Existing maps and databases
♦ Desired maps and databases
♦ Applications used (and desired) that support functions
♦ Staff now using or desiring to use GIS
♦ Hardware/Software being used
♦ Division priorities
Perceived data "ownership"
♦ Maintenance responsibilities
3. Compile Needs and Summarize
Applications/functions, maps, databases, operating system and network protocols, hardware, etc.
identified in the interviews will be summarized by user group. This information will be used to
identify cooperative needs and will be consolidated into five categories discussed as follows:
a) Applications/Functions:
Applications (i.e., how staff would like to use GIS technology, such as monitoring and mapping
sewer and water lines by date installed to optimize a preventive maintenance/replacement
program or to be able to identify spatially the nearest upstream valve to a problem area) will be
prioritized, listed, and the benefits summarized for each city department, identifying those
currently in use and those desired for use. Applications will be listed first since maps and
databases 'key' off of these application needs and drive map/attribute database development.
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J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
Possible sources of proposed applications will be identified with estimated costs for acquisition
and implementation.
b) Maps:
Maps will be listed (and later prioritized for purchase/automation in the implementation plan)
for each function/Department, identifying those currently in use and those desired. Particular
attention will be paid to maps already in automated format (such as the parcel and centerline
maps available thru DMP from the County, and the water, sewer, storm drain, and street light
data the City already has in an AutoCAD automated format).
c) Databases:
Existing databases will be listed (and later prioritized for automation/integration) for each
function/Department. Databases not currently used but desired will also be identified. Particular
attention will be paid to databases already in automated format (to later estimate how cost-
effectively they can be integrated and used as part of a GIS). City staff will be asked to provide
examples of existing map and map -related databases, whether in hardcopy or digital formats.
This allows A.C.T. staff to evaluate completeness, accuracy, and compatibility for integration
into the GIS.
d) Operating System and Network Protocol:
Staff will evaluate Operating Systems, Network configuration, Network protocols, etc. for
compatibility and inter -operability. This is done to evaluate constraints for data sharing and
linking to the GIS system.
e) Hardware:
Existing and desired hardware (network hardware, computers, peripherals, etc.) will be
identified by function/Department.
f) Software:
Existing and desired software will be identified by function/department.
A summarized series of diagrams and simple matrices will be produced that will provide a "blueprint"
of the City of Vernon needs. The condensed matrix shows databases used, maps used, application
products required, etc. down the side and divisions/entities across the top.
4. Validate Existing GIS-related Data
Completeness relates to data being current, and associated attribute tables being fully populated (i.e.
Do parcels have an attribute table entry showing ownership information?). Accuracy, especially
digital, relates to whether features appear "on the ground" where they should (positional -
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J.N. 0253.01
May 3, 1999
Response to City of Vernon's
GIS Implementation RFQ
survey/G.P.S.) and in relation to other features (relational - Is a watershed boundary superimposed on
a ridge line?). Compatibility relates to many things, to include the scales and accuracies of different
data layers to be used and the relational nature between automated map data and the databases that give
the map features "intelligence" (i.e. Does both the map features attribute table and the relational
attribute table have a parcel number that can be used to link the two together?). The answers to
completeness, accuracy and compatibility questions are critical for knowing how difficult it will be
to develop solutions to anomalies, and for subsequently knowing how to consider this complexity
while designing an intelligent implementation strategy. For instance, quite often (depending on the
source), existing national digital databases such as (vegetation, floodplain, geology, etc.) are accurate
to 50' to 100' versus the 6" to 1' often required for valid engineering plans. This is why
indiscriminately constructing a GIS simply because data is available is not appropriate. An evaluation
of this is required for determining usability, such as for engineering if staff deem that this will be
necessary for development purposes. A survey of the status of available data will be included in the
final report.
5. Produce a Summarized GIS Implementation Plan
An Implementation Plan, based on the Needs Assessment, will be drafted by a Project
Coordinator/Project Manager. The plan will be based on data :collected from the on -site interviews
and A.C.T.'s experience and will include:
♦ Phased data acquisition/creation/conversion
♦ Phased hardware/software acquisition
♦ Phased application development
♦ Decision making authority and product responsibility
♦ Training schedules
♦ Estimated costs
The Implementation Plan process will:
a) Prioritize Acquisition/Automation/Application Tasks:
GIS development is typically application -driven. Applications are dependent on the availability
of map and attribute data. Assigning map acquisition, automation, and/or reformatting
priorities, database creation and/or linkage priorities, and application development priorities is
typically interdependent. Nevertheless, priority assignments will depend on the City of Vernon's
needs/situation analysis summary. Map layers used by all or most departments will be given the
highest priority since their completion/integration benefit the most users.
High consideration, as previously mentioned, will also be given to the data layers already in
automated format (again, the parcel and centerline maps available thru DMP from the County,
and the water, sewer, storm drain, and street light data the City already has in an AutoCAD
automated format).
Remember, positional and relative accuracy will be a consideration. As mentioned, accuracy that
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J.N.. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
is appropriate for planning issues (5' to 10' to 50' to 100') may not be adequate for engineering
issues (6" to 1').
b) Summarize Quality Control Standards and Mechanisms:
Once the automation/reformatting/interfacing of the above maps, databases, and applications are
prioritized, a detailed database design, re -design and/or enhancement may be required to address
processing tolerances, naming conventions, precision, accuracy, and map scale. Quality control.
standards and mechanisms cannot be proposed here since they depend on the database design
which in turn depends on the needs assessment. However, they will be discussed and procedures
outlined in general, with QA/QC related tasks included in the implementation schedule.
c) Summarize System and Map/Attribute Maintenance Procedures:
Maintenance procedures also depend on the application, map, and database requirements
identified in the Needs Assessment. System and data maintenance opportunities, however, will
be addressed and outlined and maintenance related tasks such as frequency and source of
updates will be included in the implementation schedule.
d) Recommend Organizational Framework:
Organizational issues regarding GIS must be addressed before any full scale GIS Implementation
can be completely successful. The A.C.T. team would work with appropriate staff and
recommend a logical GIS related organizational framework for the City of Vernon to ensure that
map building, maintenance responsibilities; and database management are appropriately assigned;
to staff (or provided thru external sources if desired). Processes and procedures ensuring
continuous long-term follow through on the updates is critical to the validity of system
information and subsequent decisions which "key" off this data.
e) Recommend Staffing:
A Geographic Information System is not simply the one-time infusion of technology into an
organization; it is performance through technology, and thus requires actively participating
people; appropriate hardware and software, and valid data. How to staff appropriately as well
as inter/intra-department relationships, job descriptions, and funding must be addressed to ensure
optimal functionality of the system.
f) Review Hardware/Software/Operating System/Communications Environment:
An integrated technology system involves processes and environments which constantly change.
Recommendations involving existing hardware, software, operating system and communications
environments as they involve GIS, will recognize the significant co -dependence and inter -
operability of these elements. While it is probable that existing infrastructure will support the
early state of GIS implementation, A.C.T. will discuss the existing framework and capabilities
in addition to phased recommendations and related costs that position the City of Vernon to
invest the appropriate amount of money into a system that will meet the needs of the
Page 8
J-.N. 0253.01
May 3, 1999
Response to City of Vernon's
GIS Implementation RFQ
- Identify maps, databases, and applications, hardcopy and/or digital, used or desired
- Identify staff now using or desiring to use GIS
- Identify hardware/software used and/or desired
♦ Compile City Needs
- Complete Spreadsheet Matrices
♦ Evaluate Existing GIS-related Data (Digital and, Hardcopy)
♦ Document Findings
Deliverables
♦ Results of Interviews (copy of all completed questionnaires)
♦ Spreadsheet(s) of identified Maps
♦ Spreadsheet(s) of identified Databases
♦ Spreadsheet(s) of identified Applications
♦ Spreadsheet(s) of identified Software
♦ Spreadsheet(s) of identified Hardware
♦ I Concise Summary of Data Evaluation
♦ Concise Summary of Needs Assessment
B. Implementation Plan (A.C.T.) Time & Materials - Not to Exceed ........... $11,000.00
Components
♦ Concisely Document Major Implementation Components
Prioritize Automation/Application Tasks
- Recommend Organizational Framework
- Recommend Staffing
- Review/Recommend Hardware/Software/Operating System Communications
- Recommend a Core User/General User Staff Training. Program
- Develop Implementation Schedule
Deliverables
♦ Final Report including:
- Executive Summary
- Concise Implementation Plan Write-up
- One year Implementation Schedule
- Three year Implementation Schedule
Needs Assessment `Spreadsheet' Deliverables (see "A", above)
C. Provide ArcView 3.1 Software(A.C.T.)........................................................$1,950.00
Components
♦ A.C.T. is an authorized ESRI software reseller
♦ The desktop software provides the capabilities to view, manipulate,
map, and print/plot GIS data.
Deliverables
♦ ArcView 3.1 Desktop GIS (Two Copies - Discounted
D. Provide ArcView Training (4 Students/2 Days)(A.C.T.)............................$2,770.00
Components
♦ Training after software and data is provided and installed.
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J.N. 0253.01
May 3, 1999
Response to City of Vernon's
GIS Implementation RFQ
Deliverables
♦ Perform training at your site using your software and your data
♦ ArcView Manuals.
E. Provide Parcel/Centerline Data (Digital Map Products - DMP)................$4,600.00
-Components
♦ County Data
Deliverables
♦ Parcel Basemap with Street Centerlines (no address ranges) ($1,100)
♦ 500 Foot Buffer Region around City ($500)
♦ First American Real Estate Solutions (Experion) Data ($1,500.00)
(Note: This is a yearly license fee)
♦ Setup ($1,500.00)
F. ESRI Internet "Starter Applications"........................................................$12,500.00
Components
♦ Map Object Internet Map Server Software License
♦ Internet (Intranet) "Starter" Applications
Deliverables
♦ Property Information Menu
♦ Parcel Notification Menu
♦ Site Selector Menu
♦ Demographic Display Menu
These "Starter Applications" are very intuitive, easy to use GIS for data query, map production, and mailing
label production for notification. Using these applications City of Vernon staff can immediately take
advantage of powerful GIS capabilities. As an example, the Parcel Notification Menu allows any novice
user, such as counter staff, to locate a parcel, create a sphere of influence "buffer" around it, and generate
mailing labels (such as for a proposed zone change or due to a proposed road closure)..
G. `Collective' Deliverables Due to All of the Above Tasks
Components
♦ Needs Assessment
♦ Implementation Plan
♦ Hardware
♦ Software
♦ Data
♦ Training
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Deliverables
♦ A Functional Geographic Information System
Total of Required Items $56,820.00
H. `Additional' GIS Data - Not to Exceed...........................................................$24,900.00
♦ 6" pixel orthophotos (supplier to be determined by City - not to exceed $18,500.00)
♦ Thomas Bros. Maps (from Digital Map Products - $3,000.00)
♦ Tax Raster Maps (from Digital Map Products $500.00)
♦ One Time Purchase of Parcel/Centerline Data - not to exceed $4,000
(Note: This one-time purchase is in lieu of the $1,100 item in Part E, above;
For the below total, the difference between the $4,000 here and the $1,100 already allowed
for in Part E will be used [i.e. $2,900]).
Total of All Items $ 81,720.00
The acquisition of all or a portion of the $24,900 worth of `Additional' GIS Data items shown above
are subject to the prior approval of the Community Service Director during contract execution.
The primary deliverable is to assure that GIS is being used in the City of Vernon at the conclusion of
this contract. The overall object of the effort proposed by A.C.T. GIS, Inc. is to integrate all GIS
components and assure that selected City of Vernon staff are able to use GIS to do things they've never been
able to do before (i.e. make maps quickly, query databases "tied" to map features, produce map atlases on
demand, identify ".spheres of influence" around features, etc.),and to do these things as well as normal duties
faster.
V. Advantages of Pronosed Software. Hardware. and Data
Regarding software, as mentioned before, ESRI is the world's leading GIS software vendor. The ARC/INFO.
software is the most versatile professional GIS package capable of automating, modifying, managing,
analyzing, and displaying geographic data. ARC/INFO provides hundreds of sophisticated built-in functions
for processing and sharing geographic data. The software also can include fully integrated extensions such
as Network (routing analysis), TIN (surface modeling), GRID (raster geoprocessing), COGO (coordinate
geometry for data entry/maintenance), ArcScan (data entry), ArcStorm (data storage management), and
ArcPress (data publishing). It is important to realize that choosing ESRI software not only solves immediate
needs, the choice facilitates ongoing solutions as well.
ESRI, in conjunction with Hewlett-Packard, sells packages that contain the necessary hardware along with
the ARC/INFO software to give the City of Vernon the means to accomplish any GIS task. Also, depending
on software required, ESRI products have been produced for compatibility with properly configured PC's
operating in the Windows 95/98 and NT environments. The software/hardware need and issues will be
addressed during the Needs Assessment/Implementation Plan process.
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As an ESRI Business Partner under the Reseller Program, A.C.T. can sell to the City of Vernon a wide
variety of ESRI Desktop software as well, often at reduced costs. Depending on what the city's initial needs
are to accomplish certain GIS tasks, the ArcView software would be a worthwhile choice for completing
many goals. ArcView is a user-friendly desktop GIS.software that has the ability to easily load spatial and
tabular data so you can display the data as maps, tables, and charts. ArcView also provides the tools
necessary to query and analyze the data and then to present it on maps.
In addition, ESRI has used its Map Objects software set to create a suite of focused, extremely easy to use,
menu applications available as an Internet Starter Application package. They are summarized as follows:
Property Information Retrieve information on parcels
Parcel Notification (Buffer) Identify nearby parcels and print mailing labels
Site Selector (Query) Support economic development/business attraction
Demographic Display Display Census data
Installed as an intranet capability, these menus provide easy and cost-effective access to data by all City
staff. Being an intranet (versus internet) application, data integrity is assured, yet should staff wish to `go
public' at some time in the future, the capability is already there.
Regarding data, Digital Map Products (DMP), as previously mentioned, is an authorized distributor of
county data and as such, specializes in it's installation along with a suite of related and supportive products.
The City of Vernon will significantly benefit from cost-effective and immediate availability of parcel and
centerline data along with assigned attributes per feature, such as parcel number, that facilitate association
with existing City databases.
Orthophotography is also available from DMP at very favorable cost, and is very effective as a background
for communicating `reality' as a background for various types of descriptive and analytical displays. In'
addition, as we consider reformatting data currently in automated format for the City (i.e. the water, sewer,
storm drain, street light AutoCAD data), the orthophotos provide a visual background often useful in
improving locational accuracy of features. For instance, the centerlines obtained from the County would
be able to be visually verified and/or enhanced. Once this is accomplished, assuming many of the City's
AutoCAD data features are referenced as parallel offsets from centerlines; the accuracy of the water, sewer,
etc. features can be enhanced during the conversion process by comparison to the centerline.
VI. Availability of Resources
All personnel mentioned in this document will be available to provide services to the City of Vernon as
proposed. The actual schedule will be identified in a project plan upon selection to provide services.
All of the hardware and software packages, whether mentioned as being independent or integrated, currently
exist. They are not products that we or our subcontractors propose to be developed.
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VII. Additional Information
Hourly billing schedule and proposed payment terms are included in the Standard Form of Agreement
provided in Appendix Two.
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J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
Appendix One
Staff Resumes
WILLIAM L. MATTESON
Professional Experience
1989-Present A.C.T. GIs
Director of GIs, Manager of ARC/INFO Implementations and Educational Services. Coordinates
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J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
implementation of ARC/INFO geographic information systems including short- and long-term
objective planning, proper communication up and down the chain of command to foster understanding
and support, data bank design and creation and procedures to maintain it, user access macro
development, product generation, and training in all facets of operation to assure ongoing
independence. Conducts ARC/INFO training (now in well over 200 sites) using a more effective and
appropriate proprietary 'reverse sequence' training scenario. Designs and develops specialized training
materials, exercise sets, self -demos, "cheat sheets", and programs tailored to client needs. On contract,
served as the acting GIS Coordinator for the Cities of Irvine and Escondido, in California.
1974-1989 Environmental Systems Research Institute (ESRI)
Project Manager; Principal ARC/INFO Trainer
Managed projects, wrote proposals, created company staff management techniques, developed data
automation and application techniques, orchestrated several large data bank creation efforts, installed
automated data systems, authored all early software documentation, and designed and created all early
training and student problem set materials. Was the principal trainer of ESRI's original GRID, PIGS,
and ARC/INFO software, and conducted more than 150 GIS training seminars at private companies,
universities, and county, state and federal agencies around the world. Initiated and coordinated the
annual ESRI User conference for nine years.
1970-1973 Ventura County Assessor's Office, Ventura, California
Office Manager
Directly supervised four sections comprising 43 staff. Was responsible for maintaining/updating
county property assessment records; instrumental in initiating and automating several hundred
thousand property records using in-house staff.
Additional Skills
Mr. Matteson has completed numerous studies regarding resource allocation and management, sales
tax leakage, desirable commercial/industrial mix, and records systems (both manual and automated).
He has performed work for federal, county and local governments, and is thus familiar with their
organizational procedures. He has been responsible for personnel management, budget preparation,
systems analysis, records management, taxation law interpretation, communication systems
development, and has constant interaction with various public and private officials on a continual
basis.
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J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
MATTESON (Cont.)
Security Clearance
Top Secret (While in Air Force)
Hardware Experience
SUN, DEC, Data General., Hewlett-Packard, IBM Mainframe, IBM RS-6000, IBM personal
computers and compatibles, Tektronix, Macintosh
Software Experience
ARC/INFO, Network, TIN, PC-ARC/INFO, ArcView, PIGS, original GRID, Automap
Academic and Professional Achievements
M.A., Urban Economics, University of California, Santa Barbara
B.S., Commerce, University of Kentucky, Lexington, Kentucky
Has authored numerous technical/design studies
Page 2
J.N. 0253.01 Response to City of Vernon's
May 3, 1999 GIS Implementation RFQ
KYLER STEPHEN DIERSHAW
Professional Experience
1994 - Present A.C.T. GIS
Geographic Information Systems Analyst
Responsible for: GIS needs assessments, implementation plans, implementation coordination,
database design and data dictionary production. Also responsible for data variety of database designs
while fully supporting a wide variety of municipal; engineering, and analytical utility maintenance
needs. Also developed ground/well water flow model for Wellhead Protection, several Vehicle
Routing/Emergency Response applications, and a multi -state map sheet generation for a pipeline
company that synthesized several maps comprising different scales, projections, and databases 'on -
the -fly'.
1991 - 1994 City of Phoenix, Arizona
Lead GIS Analyst/Programmer
Responsible for the core development of several department maintenance systems for Phoenix
Citywide GIS using ARC/INFO with ORACLE databases. Major tasks, responsibilities and
accomplishments include: Design and development of a citywide database for storage, retrieval and
analysis of the city's geographic data; specification of data conversion methodologies for timely and
effective conversion of the city's maps to digital format; city's lead expert for all matters concerning
the ARC/INFO software package; lead participant in Hardware and software benchmarks and
procurement; designed and developed the City of Phoenix's water and wastewater GIS data
maintenance system; designed and developed City of Phoenix's liquor license application and
analysis system.
1990 -1991 David Evans & Associates, Portland, Oregon
Lead Geographic Information Specialist
Supervised the development of GIS as an engineering and planning tool within the company. Major
tasks, responsibilities and accomplishments include: Successful design and implementation
methodologies and programs for integration of a variety of diverse geographic data sets with
ARC/INFO.. Data types included Wildsoft station survey data, Trimble GPS data, Intergraph design
files, Kork photogrammetry data, as well as proprietary surface modeling data types; design and
implementation of custom applications for calculating cut and fill volumes on proposed civil
engineering projects; design and completion of basemap and database automation project on two
proposed superfund sites for Bonneville Power Administration, bringing.project to completion 28%
below budget; System Administrator for UNIX based computer system.
1986 - 1990 U.S. Geological Survey, Water Resources Div., Portland, Oregon
Geographic Information Specialist
Major tasks, responsibilities and accomplishments include: lead analyst/programmer for the Army's
World Water Resource GIS database (recently cited in GIS World Magazine for it's contributions to
Operation Desert Storm); Member of Water Resource Divisions national water use database design
team; map design/production for a state wide pesticides in groundwater study; Defining,
implementing and documenting procedures and methodologies of the compilation of a state wide
stream information database to be utilized by a variety of state agencies in their in-house GISs;
USGS representative on the State Mapping Advisory Council, GIS Committee; Training and
assisting new users in their use of ARC/INFO GIS software; Analysis and technical assistance on
a variety of projects and applications.
DIERSHAW (Cont.)
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1985 - 1986 Northwest Cartography, Seattle, Washington
Geographic Information Systems Technician
Responsible for compilation and automation of maps utilized for calculating and plotting surface
displays. Major tasks, responsibilities and accomplishments include: Defining surface type
identification guidelines, compilation and digitizing of air photo and
basemap data into a proprietary GIS; development and use of dataset for prediction of project margin
of error.
Hardware Experience
CDC Cyber, Digital Vax, Prime, Data General, SUN, Silicon Graphics, Digital workstations, IBM
RS6000, Tektronics, IBM Personal Computers and Compatibles, and MacIntosh.
Plotters: Calcomp, Zeta, H.P.
Digitizers: Calcomp, GTCO, Summagraphics, Altek
Software Experience
ARC/INFO (all modules), ArcView, INFO, ORACLE, Windows 95, Windows NT, SAMBA, and
many PC based applications
Academic and Professional Achievements
Two years graduate study in Geographic Information Systems, University of Washington
B.S., Geography, Southern Oregon State College, Cartography, Land Use and Hazards Planning
1 st Place winner in 1988 AML programming competition, held at the Annual International
ARC/INFO Users Conference
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J.N. 0253.01
May 3, 1999
JEFFREY A SMITH
Professional Experience
Response to City of Vernon's
GIs Implementation RFQ
1993-Present A.C.T. GIS
Geographic Information System Analyst
Responsible for: Database development, including database design, data dictionary design, data
translation, and multi -database interfaces; Statistical interfaces to ARC/INFO, AML and Avenue
macros to support repetitive product generation, on-line queries, data conversion and upload,
emergency response, and analysis of many kinds; Expert assistance, including Prime CPL to
ARC/INFO AML conversion, in-depth training in the use of ARC/INFO, and assisting with all
aspects of GIS development.
1992-1993 Panhandle Health District, Coeur D' Alene, ID
GIS Analyst
Used ARC/INFO Network software (Verison6. 1. 1) and Bureau of Census TIGER data to provide
decision input to a rural solid waste management program, servicing five counties in Northern Idaho.
Installed hardware and software on a Sun workstation, and provided ARC/INFO, assistance to GIS
staff.
1991-1992 David Evans & Associates, Spokane, WA
GIS Analyst
Developed AML macros and graphic interfaces in ARC/INFO. Used AutoCAD for data capture and
conversion, and to enhance ARC/INFO graphic products.
1991 California Polytechnic Institute, Pomona, CA
GIS Consultant
Directed Department of Landscape Architect Grad. Students in designing/automating a multitheme
data base to site solid waste and oak reforestation of Los Angeles.
1986-1991 Maxima Corporation, San Bernardino, CA
Senior GIS Application Programmer
Integrated SAS statistical application with ARC/INFO macros; Developed DIME and TIGER to
ARC processing procedures and software; Initiated procedures to review/catalog 3rd party
geotechnical data bases, Initiated use DCL and AML macros to increase efficiency, standardize, and
document procedures; developed ARC/INFO, AML, DCL, and INFO programming training
materials and provided user support and training.
1980-1986 Environmental Systems Research Institute (ESRI), Redlands, CA
Technical Project Manager
Developed data processing programs to compile vector data bases in ARC/INFO; Wrote project -
specific macros for data base development and QA/QC; Trained processing/data entry staff; Assisted
rastor data base product display (GRID); Developed vector data bases using PIOS - the forerunner
of Arc/Info; Conducted analyses and produced displays in both PIOS and ARC/INFO.
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SMITH (Cont.)
Additional Skills
Hardware Experience
SUN SparcStation, Silicon Graphics, DECNAX, Prime, IBM Personal Computers and
Compatibilities, Macintosh; HP Pen Plotter; Versatec Electrostatic Plotter, Calcomp
Digitizers; Tek Terminals
Operating Systems Experience
UNIX, Windows95 & NT, PRIMOS, VMS, DOS, Apple Desktop
Software Experience
ARC/INFO (including TIN, Network), PC-ARC/INFO, ArcView, MapObjects, PIOS, Word
Perfect, Mac Utilities (MacPaint, McDraw), PC-NFS.
Language Experience
- AML, Avenue, Visual Basic, CPL, DCL, Henco INFO, C
Graphical User Interface Experience
UNIX: OpenWindow, Motif
Other: Macintosh Desktop
Academic and Professional Achievements
B.S. Biology, California State University, San Bernardino (1979)
Remote Sensing Cal State San Bernardino - 1987
Application Programming - ESRI, Redlands, CA - 1987
Transition Into Supervision - UCR Extension - 1987
Project and Program Management - UCR Extension - 1987
Geographic Analysis - ESRI, Redlands, CA - 1988
SAS Basics - SAS Institute, Irvine, CA - 1989
ADT/Ingres - ESL, Sunnyvale, CA - 1990
C Programming - SFCC, Spokane, WA — 1992
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May 3, 1999
JAY A. SECKMAN
Professional Experience
Response to City of Vernon's
GIS Implementation RFQ
1997-Present A.C.T. GIS
Geographic Information System Specialist
Responsible for GIS Technician team task development; project management, needs assessments,
on -site client GIS assistance, automation/conversion and QA/QC work (using ARC/INFO, ArcView,
& AutoCAD), database design, cartographic processes, map production, and remote sensing analysis.
Administrative duties include staff scheduling/coordination, proposal writing, office organization,
product sales, and marketing tasks. Jay is also an ArcView authorized instructor.
1996 Geographic Data Management Systems (GDMS), Lancaster, CA
GIS Technician/CAD Drafter
As a GIS Technician duties included automation/conversion tasks (ARC/INFO & ArcView), QA/QC
processes, database design, GIS marketing and ESRI reseller activities. As a civil engineering CAD
Drafter responsibilities included basemap automation alongwith street plan and cross section design
(AutoCAD).
1995-1996 City of San Bernardino, San Bernardino, CA
GIS Intern
Performed the automation/conversion of the city's assessor/tract maps using coordinate geometry
processes with Graphic Data Systems (GDS) software.
Additional Skills
Hardware Experience
SUN SparcStation, Silicon Graphics, IBM RS6000, VAX, IBM Personal Computers and
Compatibilities, HP Plotters, Calcomp Digitizers
Operating Systems Experience
UNIX, DOS, Windows95 & NT
Software Experience
ARC/INFO, PC-ARC/INFO, ArcView (Extensions), AutoCAD14, Corel WordPerfect,
MSOffice97
Academic Achievements
B.S., GIS, California State Polytechnic University, Pomona, CA (1996)
A.S., Engineering Technology, Riverside Community College, Riverside, CA (1994)
Chemistry, West Liberty State College, West Liberty, WV (1980-1983)
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Appendix Two
Staff Rate Schedule
Response to City of Vernon's
GIS Implementation RFQ
Page 8
J.N. 0253.01
May 3, 1999
A.C.T. GIS Rate Schedule
Response to City of Vernon's
GIS Implementation RFQ
1. Professional services will be performed and periodically invoiced upon a percentage of
completion or upon a time and material basis using the following schedule:
Director of GIS ....... $130.00 hr.
Project Manager ....... $125.00 hr.
GIS Analyst/Programmer $115.00 hr.
GIS Specialist ......... $ 95.00 hr.
GIS Technician ........ $ 65.00 hr.
Expenses will be in addition to the above rates
Rates will be revised January 1, 2000.
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J.N. 0253.01
May 3, 1999
Appendix Three
Standard Contract
Response to City of Vernon's
GIS Implementation RFQ
CONSULTING AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
(Geographical Information System Development & Installation Support)
CLIENT INITIALS Page Page 10 of 3 CONTRACTOR INITIALS
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May 3, 1999
Response to City of Vernon's
GIS Implementation RFQ
WITNESSETH
THIS AGREEMENT (the "Agreement") is made and entered into as of <date>, by and between the City of <city>, a municipal corporation organized
and existing under and pursuant to the Constitution and the laws of the State of California (the "City"), and located at <address>, and A.C.T. GIS,
Inc., a corporation organized and existing under and pursuant to the laws of the State of California, and having a principal place of business at
, California ("Contractor").
WHEREAS, Contractor is one of the only firms engaged in the type of work for which the City is contracting, to wit, providing the City with
geographical information system ("GIS") assistance to facilitate the implementation of a City-wide GIS application; and
WHEREAS, the City now desires to hire Contractor and Contractor desires to be hired by the City to provide professional services to facilitate the
implementation of a City-wide GIS application; and
WHEREAS, Contractor represents that Contractor possesses the degree of specialized expertise necessary pursuant to California Government Code
Section 37103 to perform the services contemplated herein; and
WHEREAS, the City Council of the City, at its properly noticed meeting of <date>, authorized entering into an agreement with
Contractor for the services described herein, authorized the City Attorney to draft this Agreement and authorized the Chief
Administrative Officer to execute this Agreement on behalf of the City.
NOW, THEREFORE, in consideration of the premises and the respective representations and agreements hereinafter contained, the
parties hereto agree as follows:
Section 1. Scope of Services. Contractor agrees to perform all services as proposed and attached hereto as
Exhibit "A" and incorporated herein by reference (collectively and individually, the "Services").
Section 2. Term of Agreement. The term of the Agreement shall be from the date the Agreement is executed by the City
until the Services have been completed to the reasonable satisfaction of the City, unless the Agreement is terminated earlier
pursuant to the terms of Section 9 hereof.
Section 3. Fees and Billing. The City shall pay to Contractor fees as follows:
Option One, at the following rates:
Director of GIS
$ 130.00/hr:
GIS Coordinator
125.00/hr.
Project Manager
120.00/hr.
GIS Analyst/Programmer
I I5.00/hr.
GIS Specialist
95.00/hr.
GIS Technician
65.00/hr.
Option Two, according to the fees proposed and included in Exhibit "A".
In no event shall the Contractor's fees and expenses paid pursuant to this Agreement exceed <amount> without the prior
express written consent of the City. Contractor shall submit invoices to the City, at a frequency to be determined by the
appropriate representative of the City, and set forth in detail to the reasonable satisfaction of the City Information Technology
Director, specifying services performed and amount due. Upon receipt, the representative of the City shall review the invoice
and, if accurate to reasonable satisfaction, payment shall be authorized to be made through normal disbursement procedures.
The City agrees to pay Contractor within thirty (30) days of receipt of any invoice. Amounts outstanding after thirty (30) days
from the date of an invoice shall be subject to a late charge of one and one-half percent (1 ''/z%) of the outstanding balance.
Section 4. Indemnification. Contractor shall protect, defend, indemnify, and hold harmless the City and its elected and appointed boards,
commissions, officers, agents and employees from any and all claims, liabilities, expenses or damages of any nature, including
attorney fees, for injury to property or to any person, arising out of, or in connection with, the performance of the Agreement,
by act or omission, by or on behalf of the Contractor.
The City does not waive any rights against Contractor which it may have by reason of the above hold harmless clause due to
the acceptance by the City of insurance policies described herein.
Should any claim, action or cause of action be threatened or commenced which would commence the operation of this Section
4, the City agrees to forthwith notify Contractor.
CLIENT INITIALS Page Page 11 of 3 CONTRACTOR INITIALS
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Response to City of Vernon's
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Section 5. Insurance. Without limiting its obligations pursuant to Section 4 above, the Contractor shall obtain and cause to remain in full
force and effect for the Term of the Agreement:
Professional/Negligent Acts, Errors and Omissions in the amount of five hundred thousand dollars ($500,000.00).
General liability insurance in the amount of one million dollars ($1,000,000.00), including premises -operations, product
completed operations, broad form property damage and blanket contractual liability, and each of the following except
as may be stricken by the City: Independent Contractor and Personal Injury.
Workers' Compensation Insurance in the statutorily required amount.
The City's special endorsement naming the city, its agents, employees and elected and appointed officials as additional
insureds shall be submitted for the insurance policies set forth above in a form acceptable to the City Attorney.
Section 6. Notices. All Notices given under the Agreement shall be addressed to the parties as follows:
To the City: To Contractor:
City of <City> A.C.T. GIS, Inc.
Attn: William L. Matteson, Principal
<address>
Section 7. Attorney Fees. If any action is brought in law or equity to enforce or interpret the provisions of the Agreement, the prevailing
party shall be entitled to reasonable attorney fees in addition to any other relief to which it may be entitled.
Section 8. Assignment and Subcontracting. -The Agreement shall not be assigned or subcontracted, either voluntarily or by operation of
law, without the prior written permission of the City. Any assignment or subcontract, either voluntarily or by operation of law,
without the prior written permission of the City shall be voidable and shall, at the sole option of the City, terminate the
Agreement:
Section 9. Termination. Either the City or Contractor may terminate the Agreement at any time, at the sole discretion of the party
terminating the Agreement, by giving thirty (30) days written notice of termination to the other party. The Contractor shall be
entir tied to payment for fees earned for hours worked in accordance with the rate schedule set forth in Section 3 herein.
Section 10. Independent Contractor Status. At all times during the performance of the agreement, Contractor shall be an independent
contractor of the City and shall not be, nor hold itself out to be, nor hold its employees, officers or agents out to be, employees,
officers or agents of the City.
Section 11. Product ownership. The work product prepared by Contractor for the City in the performance of the Agreement, including,
but not limited to, any and all data, documents, memoranda, sketches, drawings, photographs, audio tapes, video tapes, and
computer disks, (collectively and individually, the "Work Product"), shall be and shall remain the property of the City.
Contractor shall have the right to retain copies of the Work Product.
Contractor acknowledges that the Work Product shall be and shall remain confidential, and shall not be made available to any
individual or organization without the prior written consent of the City. The Work Product shall, upon demand of the City, be
delivered to the City without additional cost or expense to the City.
Contractor and the City specifically acknowledge that certain data products maybe licensed to the City in the course of this
Agreement (collectively and individually, "Licensed Products") and the said Licensed Products will be provided under the
specific terms of a separate license agreement and not considered a Work Product as it related to the Services.
Contractor and the City specifically acknowledge that application programming products use expertise and existing code
developed over years of experience. While such programmed products are provided to the City under perpetual or renewable
license as provided in the fee proposal included in Exhibit "A", such products are not to be redistributed without the prior
written consent of the Contractor and Contractor retains the right to use all or part of such products as may be necessary in
Contractors pursuit of ongoing business.
Section 12. Business Licenses and Permits. Contractor, and subcontractors if any, shall be required to obtain all necessary documentation,
including, but not limited to, any and all certificates, licenses and permits required to do business in the City.
Section 13. Force Maieure. In case by reason of force majeure the Contractor shall be rendered unable wholly or in part to carry out the
Contractor's obligation under the Agreement, then except as otherwise expressly provided in the Agreement, if the Contractor
shall give notice and full particulars of such force majeure in writing to the City within a reasonable time after occurrence of
the event or cause relied on, the obligations of the Contractor giving such notice, so far as they are affected by such force
CLIENT INITIALS Page Page 12 of 3 CONTRACTOR INITIALS
Page 12
J.N. 0253.01
May 3, 1999
Response to City of Vernon's
GIS Implementation RFQ
majeure, shall be suspended during the continuance of the inability then claimed which shall include.a reasonable time period
for the removal of the effect thereof, but for no longer period, and the Contractor shall endeavor to remove or overcome such
inability with all reasonable dispatch. The term "force majeure," as employed herein, shall mean acts of God, strikes, lockouts
or other industrial disturbances, acts of the public enemy, orders of any kind of the Government of the United States or of the
State or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, droughts, arrest, restraining of government and people, civil disturbances, explosions, partial or
entire failure of utilities, shortages of labor, material or supplies or transportation, or any other similar or different cause not
reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of existing or
impending strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the Contractor and that the
above requirements that any force majeure shall be reasonably beyond the control of the contractor and shall be remedied with
all reasonable dispatch shall be deemed to be fulfilled even though such existing or impending strikes, lockouts or other
industrial disturbances may not be settled but could have been settled by acceding to the demands of the opposing person or
persons:
Section 14. Licensing. Contractor will take all reasonable steps to ensure that the City will be in compliance with licensing requirements
or agreements that are required, if any, as a result of the Services performed. The City acknowledges that it is the City's sole
responsibility to maintain this compliance.
Section 15. Year 2000 Compliance. The Contractor warrants that hardware, software and firmware products or service delivered under
this contract shall be able to accurately process date data (including but not limited to, calculating, comparing, and/or
sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year
calculations to the extent that other information technology, used in combinations with the information technology being
acquired, properly exchanges date data with it. This warranty is subject to the warranty terms and conditions of this contract.
Nothing in this warranty shall be construed to limit any rights or remedies the City may otherwise have under this contract
with respect to defects other than Year 2000 performance.
Section 16. Severability. If any clause, provision or section of the Agreement shall be ruled in valid by any court of competent
jurisdiction, the invalidity of such clause, provision or section shall not affect any of the remaining provisions hereof.
Section 17. Amendment. Notwithstanding anything herein contained to the contrary, the Agreement, and the provisions contained herein,
may be altered, changed or amended, by mutual consent of the parties hereto. No alteration, change or amendment shall be
valid unless made in writing and signed by the parties hereto.
Section 18. Section Headings. The section headings of the Agreement are for convenience and reference only, and shall in no way be
deemed to define, limit, or add to the meaning of any provision of the Agreement.
Section 19. Governing Law/Compliance with Laws. The Agreement shall be governed by, and construed in accordance
Independent with, the laws of the State of California. The parties hereto agree to be bound by all federal, state and local laws,
ordinances, regulations and directives pertaining to the services to be performed hereunder. All disputes arising hereunder
shall be resolved in Riverside County.
Section 20. Date for Reference Purposes. The Effective Date of the Agreement shall be the date on which it is executed by the City. The
date of the Agreement is for reference purposes only.
Section 21. Counterparts. The Agreement may be executed in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
Section 22. Mutual Contribution of Language. The parties hereto concur that this Agreement has been drafted on the basis of the parties'
mutual contributions of language, and it shall not be construed against either party as being the drafting party of the
Agreement. C
Section 23. Extent of Agreement. The Agreement represents the entire and integrated agreement between the City and Contractor
and supersedes any and all prior negotiations, representations or agreements, either oral or written.
IN WITNESS WHEREOF, the parties hereto have caused their names to be hereunto subscribed.
CLIENT INITIALS Page Page 13 of 3
Page 13
CONTRACTOR INITIALS
J.N. 0253.01
May 3, 1999
A.C.T. GIS, Inc.
By:
(Signature)
Name/Title:
(Date)
APPROVED AS TO FORM:
By:
(Signature)
Name:
Title: City Attorney
City of <City>
By:
(Signature)
Name/Title:
(Date)
Response to City of Vernon's
GIS Implementation RFQ
(Date)
CLIENT INITIALS Page Page 14 of 3
Page 14
CONTRACTOR INITIALS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
CITY HALL
City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 581-7924 TELEPHONE (323) 583-8811
May 26, 1999
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
The Finance Committee, approved at their meeting held May 17, 1999
and, subsequently, approved by City Council on May 18, 1999, an
agreement to retain the services of A.C.T. GIS, Inc. to provide
Geographic Information System (GIS) Implementation Services which
will improve the productivity within and among the various
departments of the City.
This agreement has been reviewed by the Director of Utilities, the
Director of Community Services & Water, and the City Attorney's
office, and it is hereby recommended that the agreement be approved
and the Mayor and City Clerk authorized to execute same.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. "BILL" DAVIS
Councilman
H. "CARRY" GONZALES �lqqw
Councilman �U
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
Finance Committee
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
�305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 6, 1999
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
The Utilities Department is requesting to retain the services of A.C.T. GIS,
Inc. to provide Geographic Information System (GIS) Implementation Services.
The GIS System is sought to improve the productivity within and among the
various departments of the City. The system will provide a common data base
and mapping that would allow various departments to easily produce maps
which are generally needed for City Council presentations and planning
purposes.
The Information Services Division received four (4) responses to a request
for qualifications and determined that only A.C.T. GIS, Inc.'s response met
the criteria sought. This item was not specifically included in the budget,
however there are funds available. It is hereby recommended, subject to the
City Attorney's approval, that the contract by and between A.C.T. GIS, Inc.
and the City of Vernon for GIS implementation services, be approved and
executed at a cost not to exceed $56,820.00, with an optional incremental
purchase of additional GIS data, subject to approval by the Community
Services and Water Director, at a price not to exceed $24,900.00, for a
combined total not to exceed $81,720.00.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gst
enclosure
e
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: June 23, 1999
TO: Dolores Fonsec Accountant
ro��a, Chief Deputy City Clerk
FROM: Gloria J. 0 p Y
RE: A.C.T. GIS, Inc.
Transmitted herewith is Requisition #42603 which was approved by
the Finance Committee at their meeting held May 17, 1999 and
subsequently approved by City Council on May 18, 1999.
Also, enclosed is a copy of the'Agreement for Professional
Consulting Services with A.C.T. GIS, Inc., which was approved by
City Council on June 15, 1999 through Resolution No. 7330.
MEMORANDUM
/0-- Bruce V. Malkenhorst, City Administrator
FROM: Dolores Fonseca, Accountant
DATE: May 6, 1999
Attached for your approval is requisition #42603. The Utilities Department is in need of acquiring
the services of A.C.T. GIS, Inc. to provide Geographic Information System (GIS) Implementation
Services: The GIS System is sought to improve the productivity within and among the various
departments of the City. The system will provide a common data base and mapping that would allow
various departments to easily produce maps generally needed for City Council presentations and for
planning purposes.
The cost for the scope of services is broken into a not to exceed price of $56,820.00 with an optional
incremental purchase of additional GIS data at a price not to exceed $24, 9000.00 for a combined
total of not to exceed $81,720.00. This system was not specifically budgeted; however, there are
available funds.
May 6, 1999
To: Dolores Fonseca f� '
Accountant
From: Kenneth J. DeDario A'"�
Director of Utilities
Subject: Geographic Information System
The Information Systems Department has been requested by various departments
throughout the City to develop a geographic information system (GIS) needs
assessment and to inquire a GIS in order to increase productivity within and among the
various departments of the City.
The Information Systems Department on December 17, 1998, submitted an RFQ for
consultants to develop a needs assessment and to develop a GIS system within the City
of Vernon. The City received four responses and the Information Systems Department
along with representatives of various other departments, determined that only one of the
respondents (A.C.T. GIS, Inc.) met the criteria sought.
The Information Systems Department along with other departments met with A.C.T. GIS,
Inc. several times to further determine the qualification and the scope of work. the
Information Systems Department recommends, subject to City Attorney approval of the
appropriate contract, the attached Scope of Work identified in the A.C.T. GIS, Inc. letter
dated May 1, 1999.
This expenditure was not specifically budgeted by the Information Systems Department.
However, funds are available.
The Scope of Work contains various parts. However
fixed amount of services that will not exceed $56,820
other services and material that would be subject to
Services Director at a later date which will not exceed
not to exceed $81,720. More specifically:
➢ Needs Assessment Not to exceed $24,000.00
Implementation Plan — Not to exceed $11,000.00
➢ Provide ArcView 3.1 Software,- $1,950.00
➢ Provide ArcView Training - $2,770.00
➢ Provide Parcel/Centerline Data - $4,600.00
➢ ESRI Internet Starter Applications - $12,500.00
➢ Additional GIS Data — Not to exceed $24,900.00
KJ D: rmt
the Scope of Work contains a
and a discretionary purchase of
the approval of the Community
$24,900 for a total contract price
CITY�OF VERNON, CALIFORNIA PURCHASE REQUISITION- 42603rm
DEPARTMENT: Utilities r REQUESTOR NAME: Jorge C. Somoano DATE May" 6, 1999
SUGGESTED VENDOR: A.C.T. GIS, Inc. PHONE NO.:'( )
VENDOR ADDRESS:
FAX`#: CONTACT PERSON:
REQUIRED DELIVERY OR SERVICE DATE: DELIVERY OR SERVICELOCATION;.'
ACCOUNT NO.:. 055-551-5600-5962 ITEMS BUDGETED' YES ; 9tN0 ;R
From:
Orosco, Gloria
Sent:
Wednesday, August 04, 1999 7:03 AM
To:
Salerno, Patty
Cc:
Lg . _ -, _ _ y- Dace�� filar, Claudia
Subject:
l
Kevin: it looks like we have a problem. What is our next step?
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
October 12, 1999
Mr. William L. Matteson
A.C.T. GIS, Inc.
937 S. Via Lata, Suite 500
Colton, CA 92324
Re: Agreement for Professional Services
Dear Mr. Matteson:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
RAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Enclosed herewith is your copy of the fully executed duplicate
original Agreement for Professional Services which was approved
by the Vernon City Council on June 15, 1999 through Resolution
No. 7330.
Very truly yours,
Gloria J. 0 sco
Chief Deputy City Clerk
GJO:rcm
cc: K. Wilson
C. Dacey
W. BROWN & ASSOC
PROPERTY & CASUALTY
INSURANCE SERVICES
r 4 1999
CITY ADMINISTRATOR'S OFFICE
CITY OF VERNON
9/28/99
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Insurance for City of Vernon
City Clerk:
Please be advised that the signer, John Krebs, President of W. Brown & Associates Property & Casualty
Insurance Services, has the authority to bind on behalf of Colony Insurance Company and may sign the
Certificate of Insurance on its behalf.
Regards,
John Krebs
President
J K/lt
ENC.
ANDREW W. SPEIvCR
C®AAti9, �19 6� 245
NOTARY PtMUC - QWfopft
n LOS ANGELES CaNTY ••
. �, Prey CorRm Ezares Nw. G, IM4
Andrew . W. a Gcr
No-tary Public
4675 MacArthur Court, Suite 770, Newport Beach, California 92660
LIC. #0755999
TEL (949) 851-2060 FAX (949) 851-2155
W. BROWN & ASSOCIATES
PROPERTY & CASUALTY
INSURANCE SERVICES
9/28/99
Ms. Gwen Leis
Armstrong Robitaille
P. O. Box 34009
Fullerton, CA 92834-4009
Re: A.C.T. GIS, INC.
Dear Gwen,
0 1��" a v.
oR,s OFFICE
CIiY A civi OF VERNCN
The certificate of insurance issued to the City of Vernon is accurate as presented per the attached.
Regards,
John Krebs
President
J K/lt
ENC.
" ANDREW UY. SPEPI,C �i
r• COMM. #1161245
cc o VOTARY PWBL#C -.C+4 1F(iRt IA fn
LOS AkG€ IES COUji 'y
" Mf Comm; Expires Nov. 9 Zr001. �
Andrew W , p�►'�ccr
Notary PubliL
4675 MacArthur Court, Suite 770, Newport Beach, California 92660 TEL (949) 851-2060 FAX (949) 851-2155
LIC.#0755999
SEP-21-1999 09:06 ARMSTRONG ROBITAILLE INS P.03iO3
OM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/pD/YY)
PRQDUCER 08/20/99
THI$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Armatxong/Raitaille Ins SVGB ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
680 Langsdorf Drive #100 C HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 34009 ALTER THE COVERAGE AFFORDIE0 BY THE POLICIES BELOW,
Fullerton, CA 92834-94094 INSURERS AFFORDING COVERAGE
INSURED
A.C.T. GTS INC INSUREAq;CO 10z Tns c o W. Brown & -Assoc
937 So. Via, Lata, #$00 NsuRERB:
Colton, CA 92324 INSURERC:
... .....
INSURER D: .....
INGURCR E;
COVERAGES
TI-•IE
ANY
MAY
POLICIES.
POLICIES OF INSURANCE LISTED
REQUIREMENT, TERM OR CONDITION
PERTAIN, T11E INSURANCE AFFORDED
AGGREGATE LIMITS SHOWN
TYPE OF INSURANCE
BELOW HAVE BEEN ISSUED TO THE INSURED
OF ANY CONTRACT OR OTHER
BY THE POLICIES DESCRIDED HEREIN
MAY HAVE BEEN REDUCFO BY PAID CLAIMS.
POLICY NUMUER
NAMLD ABOVE
DOCUMENT WITH
IS SUBJECT
POLICY EFFECTIVE
FOR THE POLICY
RE$PCCT TO WHICH
TO ALL THE TERMS,
POLICY EXPIRATION
PERIOD INDICATED, NOTWITHSTANDING
THIS CERTIFICATE MAY BE. ISSUED OR
EXCLUSIONS AND CONDITIONS OF SUCH
A
GENERAL LIABILITY
E0501803
04/22/99
04/22/00
LIMITS
EACHOOOURRENC� I$1, 000. OOO
X. COMMERCIAL OENERALLIABILITY
CLAIMS MADE1X I OCCUR
...
E (Any ono 000
X BI PD Ded;5,000
ME EXP (Any ono Personn)e $F,x{J
c e.a
PERSONAL, & ADV INJURY $1, 000, 000
•••-
DEN'LAgGREGATELIMIT APPLIES PER:
-
-
GENERAL AGGREGATE 91 0 0 0 O O O . ... ... ..__. —1 - , ..,. 0 0
PRO-
PROD UCTS,-.CDMP/OP AGO ed
POLICY L]LOQ$Includ
AUTOMO�ILE LIABILITY
_ ANYAVTO
COMBINED SINOL.E LIMIT $
Ica accltlenl)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Par Parson) $
_ HIRED AUTOS
_..... . -- -...
NON -OWNED AUTOS
BODILY INJURY(Poraccldenl)
•• ....
PROPERTY DAMAGE
(Per aroldent)
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT $
ANY AUTO
OTHERTHAN EAACC $
........_. _......
AUTO ONLY; AGO...$
EXCESS LIABI LITY
IOCCUR
EACH OCCURRENCE
J CLAIMS MADE
AGGREGATE
-
±I)EDBLEUCTI
eTENTION $
.......... .. .. $
WORKERS COMPENSATION AND
$
IV
`NC STATU- 07H-
EMPLOYERS' LIABILITY
Y..LLNLI. Eft.. —•••_„
E.4. EACH ACCIDENT
-E,.L.DISEASE-EA EMPLOYEE $ _........._.
p, DTHEgCLAIMS MADE E050�.803
E,L.DISEAS�-POLICYLIMf $
04 22 99 04 22 00 Eaeh Claim
/ / / / $ 1, 000, 000
Professional
Liability
$ 1,000,000. Aggregate
5 000. Deductible
Q
DEBCRIP'YION OF OPERATIONS/LOCATIONS/VEHIC(.ESIEXCLUSIONEADDEQ SY ENDORSEMENTISPECIALPROVISIONS
10 day notice of cancellation for non payment_
Certificate holder is named as additional ineiixed for general liability
for operations of the named insured on
behalf of the certificate holder.
Id
CERTIFICATE HOLDER ADDmONauNSURED'INSURERLETn5Pe
CANCELLATION
City Vernon
- SHOULD ANY OFTHEABOVE DESCRIBE DPOLICIES BECANCELLED BEFOF(ETHE EXPIRATION
of City Hell Attn:
DATE THEREOF,THEISSUING IN$URERWILL ENPeAVORToMAI1- 0„DAYSwwTTFN
Doan Franoone
NOT`10rTOTHECEFMFIOATF_ HOLDER NAMffQTOTHE LEFr,BLnFAILURE TODOSOSHALL
4305 Santa Fe Avenue
IMPOSE NO OB LIGATION OR LIABI LITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Ve r noZi , CA 9 0 0 5 8
REPRESENTATIVES.
AUTOO 12ED REPRE;$5 ATIVE
AC'ORD25•15(7l97)2 Of 2 #S8605�/M85516
KRT o ACORQCORPORATION 1988
CITY COUNCIL
4.i
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm: 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES `
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
�
IDU V,. BREARLEY
Fyn i Attorney
9G I I7a�' FAX: (626) 330-5818
INISTRATOR'S DEMWILSON
N OF W(RKON Community Services & Water
FAX: (323) 588-2761
ETH J. DeDARIO
.4tr"
n (� / �•�
ctor of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 9, 1999
Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058-0805
Re: A.C.T. GIS
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Dear Bruce:
On May 18, 1999, the City Council approved an agreement with A.C.T. GIS, Inc.
Pursuant to the agreement, A.C.T. GIS will develop and implement a geographic information
system for the City and provide necessary training.
The Utilities Department has advised that A.C.T. GIS has $1 million of general and
professional liability coverage and is requesting that the City waive the contract requirement
of a $2 million umbrella policy coverage. The Utilities Department advises that they see
very little exposure to the City in connection with the performance of the contract. Based
upon the fact that the contractor is providing primarily software type consulting and training,
our office agrees that there is very little risk to the City in connection with the contract.
Therefore, the $1 million liability coverage will suffice.
If you have any questions, please call me.
Very truly yours,
Eduardo Olivo for
David B. Brearley,
City Attorney
C-LTt60
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 583-5236
June 23, 1999
Mr. William L. Matteson
A.C.T. GIS, Inc.
937 S. Via Lata, Suite 500
Colton, CA 92324
Re: Agreement for Professional Services
Dear Mr. Matteson:
Enclosed herewith is a copy of the fully executed Agreement for
Professional Services which was approved by the Vernon City
Council on June 15, 1999 through Resolution No. 7330.
Upon receipt of the proper insurance documents as indicated in
Section VI. No. 3 of said agreement and approval from the Risk
Manager of this office, I will forward a duplicate original of
said agreement to you. Keep in mind that work may not begin
until all insurance requirements have been met.
Very truly yours,
City of Vernon
o la :- Or sco
Chief Deput City Clerk
GJO:rcm
cc: Joan Francone
Kevin Wilson
Kenneth DeDario
Dolores Fonseca
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: August 3, 1999
TO: Kevin Wilson, Director of Community Services & Water
Joan Francone, R' k Manager/Personnel Assistant
FROM: Gloria J. Or c C '-ef Deputy City Clerk
RE: A.C.T. GIS, Inc. - Agreement for Professional Services
Just a reminder!
On June 23, 1999, a letter was sent to Mr. William L. Matteson
(copy attached) advising that the above referenced agreement was
approved by City Council on June 15, 1999 and that proper
insurance documents were to be received by this office prior to
any work commencing. As of this date, this office has not
received any insurance documents.
Would you please advise this office as to the status of the
insurance documents.
Thank you.
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: June 23, 1999
TO: Joan Francone Risk Manager/Personnel Assistant
FROM: Gloria J. Oros Chief Deputy City Clerk
RE: A.C.T. GIS, Inc.
Transmitted herewith is a copy of the Agreement for Professional
Consulting Services with A.C.T. GIS, Inc., which was approved by
City Council on June 15, 1999 through Resolution No. 7330.
Upon receipt of the necessary insurance documents as specified in
Section VI. No. 3, and approval of same from your office, I will
forward a fully executed duplicate original to A.C.T. GIS, Inc.
cc: Kevin Wilson
Kenneth DeDario
Dolores Fonseca
To: Aguilar, Claudia
Cc: Dacey, Carol; Salerno, Patty
Subject: RE: A.C.T. GIS, INC.
I have forwarded this information to both kevin and dacey so they can figure out what we are
going to do. I will contact you when we decide. At this point I believe you should not have to take
any further action.
Cc: SKW
DACEY
-----Oriainal Mess
Sent: Tuesday, August 03, 1999 5:27 PM
To: Orosco,_Gloria: Salerno, Patty
SubjNow Is
-
Nam.,
I have not received the proper insurance documents required from the above
mentioned consultant. Consultant claims he was unaware of the 2 million general
and professional liability requirement eventhough he signed agreement. To
purchase additional insurance it would cost $1500. He claims only worth $50,000
in contract fees. Not much profit in project.
From: Aguilar, Claudia
Sent: Tuesday, August 03, 1999 5:27 PM
To: Orosco, Gloria- er. Patty
F I
Sub',
I have not received the proper insurance documents required from the above mentioned
consultant. Consultant claims he was unaware of the 2 million general and professional
liability requirement eventhough he signed agreement. To purchase additional insurance
it would cost $1500. He claims only worth $50,000 in contract fees. Not much profit in
project.
From: Orosco, Gloria
Sent: Wednesday, August 04, 1999 7:27 AM
To: Dacey, Carol
Cc: DeDario, Ken; Aguilar, Claudia
Sub` • f: A.C.T. GIS, INC.
Carol: I sent this information to SKW thinking this was his project but I was incorrect. Now you
are aware of this and take whatever action necessary. Risk management should not have to be
involved with the contract until we resolve this issue and at that point they can review & approve
whatever insurance we determine is necessary.
Cc: DeDario
Risk Management
-----Oriqinal Messaqe-----
Sent: Wednesday, August 04, 1999 7:06 AM
To: Aguilar, Claudia
Cc: Dacey, Carol; Salerno, Patty
ftbfutft- RE: A.C.T. M, lam;.
I have forwarded this information to both kevin and dacey so they can figure out what we are
going to do. I will contact you when we decide. At this point I believe you should not have to take
any further action.
Cc: SKW
DACEY
-----Original Message -----
Sent: Tuesday, August 03, 1999 5:27 PM
To: Orosco, Gloria; Salerno, Patty
#wt: XC.T. GIS, INC.
I have not received the proper insurance documents required from the above
mentioned consultant. Consultant claims he was unaware of the 2 million general
and professional liability requirement eventhough he signed agreement. To
purchase additional insurance it would cost $1500. He claims only worth $50,000
in contract fees. Not much profit in project.
To: DeDario, Ken
Cc: Dacey, Carol
Subject: RE: A.C.T. GIS, INC.
If you did you should not have but that may be our fault. When becky sent out the letter advising
that the contract was approved but that insurance was required, etc., etc., she copied it to kevin
and not you or dacey thereby failing to make you aware of the status. Where we go from here I'm
not sure but I have e-mailed carol to contact the city attorney's office.
nal Messaae-----
sent: Wednesday, August'04, 1999 7 29
To: Orosco, Gloria
Subject: RE: A.C.T. GIS, INC.
Carol, what's the story? Didn't I just meet someone from ACT yesterday?
Ken
-----Original Message -----
From: Orosco, Gloria
Sent: Wednesday, August 04, 1999 7:27 AM
To: Dacey, Carol
Cc: DeDario, Ken; Aguilar, Claudia
Subject: FW: A.C.T. GIs, INC.
Carol: I sent this information to SKW thinking this was his project but I was incorrect.
Now you are aware of this and take whatever action necessary. Risk management
should not have to be involved with the contract until we resolve this issue and at that
point they can review & approve whatever insurance we determine is necessary.
Cc: DeDario
Risk Management
-----Original Message -----
From: Orosco, Gloria
Sent: Wednesday, August 04, 1999 7:06 AM
To: Aguilar, Claudia
Cc: Dacey, Carol; Salerno, Patty
Subject: RE: A.C.T. GIS, INC.
I have forwarded this information to both kevin and dacey so they can figure out what
we are going to do. I will contact you when we decide. At this point I believe you
should not have to take any further action.
Cc: SKW
DACEY
-----Original Message -----
From: Aguilar, Claudia
Sent: Tuesday, August 03, 1999 5:27 PM
To: Orosco, Gloria; Salerno, Patty
Subject: A.C.T. GIS, INC.
I have not received the proper insurance documents required from the
above mentioned consultant. Consultant claims he was unaware of the
To: Dacey, Carol
Subject: RE: A.C.T. GIS, INC.
Probably, but this is something that should be looked at before it gets approved through council.
Contact the city attorney's office and find out where this puts us. I have sent this information
through judy to the city attorney's office so you may want to put your questions to her. Good
luck.
-----Original
Sent: Wednesday, August 04, 1999 7:11 AM
To: Orosco, Gloria
Subject: RE: A.C.T. GIS, INC.
Can the agreement be modified? All they are going to do is generate a recommendation
document. How much liability can that generate? Regardless of the fact that the
principals that signed were stupid in signing something they didn't pay attention to, of
course.
I have not received the proper insurance documents required from the
above mentioned consultant. Consultant claims he was unaware of the 2
million general and professional liability requirement eventhough he
signed agreement. To purchase additional insurance it would cost $1500.
He claims only worth $50,000 in contract fees. Not much profit in project.
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
_,^ P City Attorne
Y
®.-. FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
June 8, 1999
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
A.C.T. GIS, INC. VIA FEDERAL EXPRESS
Attn: Mr. William L. Matteson
937 South Via Lata, Suite 500
Colton, California 92324
Re: Agreement for Professional Consulting Services
Dear Mr. Matteson:
Enclosed for signature are duplicate originals of the above -
referenced agreement.
Please return both signed originals directly to the City of
Vernon on or before noon June 15, 1999, to the attention of the
City Administrator, Bruce V. Malkenhorst. Note that two signatures
are required, as follows: (1) chairman of the board, president or
any vice president, and (2) secretary, any assistant secretary, CFO
or any assistant treasurer. The City will return a conformed
original to you once the agreement has been approved by the City
Council and has been signed by the City. The agreement is
presently scheduled for consideration by the Council at its June
15, 1999 regular meeting.
Thank you very much for your assistance in this matter. If
you have any questions, please do not hesitate to call me.
Very truly yours,
DAVID B. BREARLEY
City Attorney
p
by Rich rd J. Morillo
Attorney
DBB:RJM:nc:
Enclosures
cc: Bruce V. Malkenhorst, City Administ.
w/o encls.
Kenneth J. DeDario, Director of Utilities)