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Resolution No. 2010-155RESOLUTION NO. 2010-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO 1 TO THE MUNICIPAL DATABASE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THOMAS BROS. MAPS d/b/a RAND MCNALLY PROVIDING A LICENSE FOR A GEOGRAPHICAL INFORMATION SYSTEMS DIGITAL DATABASE FOR USE BY THE VERNON POLICE DEPARTMENT WHEREAS, on September 21, 2009, the City Council of the City of Vernon adopted Resolution No. 10,061 approving a one-year Municipal Database License Agreement (the "Agreement") with Thomas Bros. Maps, a Division of RM Acquisitions, LLC d/b/a/ Rand McNally ("TBM") for the use of a Geographical Information Systems ("GIS") Digital Database (the "Database") and. WHEREAS, the Database is used in conjunction with the City's GeoComm mapping software for the purposes o'f public safety operations and activities including, but not limited to, regional planning, mutual aid tactical deployments, pursuits that leave the City's jurisdictional boundaries, and investigative activities that occur throughout., Los Angeles County; and WHEREAS, by memorandum dated September 22, 2010, the Director of Business Services/Personnel has recommended that the Agreement be extended with TBM for a one-year period; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection 2.27(b).(1) of the Vernon City Code, it is in the public interest and necessity to enter into Amendment No. 1 to the Agreement with TBM to facilitate the work of the Vernon Police Department in providing services to residents and businesses within the City of Vernon and in the surrounding areas. 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 Amendment No. 1 to the Municipal Database License Agreement with TBM ("Amendment No. 1"), a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute Amendment No. 1 for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Amendment No 1 to: Thomas Bros. Maps, a Division of RM Acquisitions, LLC d/b/a Rand McNally Attn.: Monica Schwarz 9855 Woods Drive Skokie, IL 60077 2 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 1st day of November, 2010. Name: Hilario Gonzales Title: Mayor ATT T: it and G. a guc City Clerk 3 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-155, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on. Monday, November 1, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2010, at Vernon, California. Willard ag c i, City Clerk (SEAL) 4 EXHIBIT A AMENDMENT NO. 1 TO MUNICIPAL DATABASE LICENSE AGREEMENT BETWEEN THE CITY OF VERNON AND THOMAS BROS. MAPS D/B/A RAND MCNALLY This Amendment No. I to that certain Municipal Database License Agreement No. LIC033109, originally dated September, 21, 2009, is made as of �� 6zr t , 2010 ("Effective Date"), by and between the City of Vernon, a California charter city and municipal corporation ("City") and Thomas Bros. Maps, a division of RM Acquisition, LLC, d/b/a Rand McNally ("Contractor"), which may be referred to individually as "Party" and collectively as "Parties." WHEREAS, the City and Contractor are parties to Municipal Database License Agreement No. LIC033109, dated September 21, 2009, under which Contractor granted the City a non-exclusive license to use the Database ("Agreement"); and WHEREAS, Section 17.2 of the Agreement permits the Agreement to be modified by written amendment signed by both parties; and WHEREAS, the City and Contractor desire to modify the Agreement as provided herein. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree as follows: I . Section 10 of the Agreement is hereby amended in its entirety to read as follows: "Unless otherwise terminated in accordance with the terms of Section 11, this Agreement shall remain effective through September 20, 201 L" 2. Exhibit B ("Product License Schedule") is hereby replaced in full by the revised Exhibit B-1, attached hereto and incorporated herein. 3. Except as expressly modified by this Amendment No. 1, all provisions of the Agreementshall remain in full force and effect, 4. This Amendment No. 1 is executed in duplicate originals, each of which is deemed to be an original for all purposes. 5. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included herein and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1, 6. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 1 12720-0009\1284315v1.doe on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have sighed this Amendment No. 1 as of the Effective Date stated in the introductory clause. City of Vernon Thomas Bros. Maps, a division of RM Acquisition, LLC d/b/a Rand McNally By: By: Mayor / Mayor Pro-Tem Name: Title: ATTEST: By: WILLARD YAMAGUCHI, City Clerk Name: Title: APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney 12720-0009\ 1284315 v l .doe 2 . Exhibit. ER I Product License Schedule , 04' TOO 0 0, In Company City of Vernon Xj Name T YWIRRA Daniel Calleros Department Departi-nent D Title PO Box Plione 323 583 8811 Ext 155 Address 4305 Santa Fe Avenue Fax 323826 1436 City, State Vernon, CA ZIP 90058 Email dcallerOs(5ci.venon,ca,us 1.0 3.0 GIS Digital Database - Los Angeles County 1.0 'Technical Support 0 Non-Recuffing Total NC Services Total NC NC #C Ahk--M, OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 3, 2010 Thomas Bros. Maps, a Division of.RM Acquisitions, LLC d/b/a Rand McNally Attn: Monica Schwarz 9855 Woods Drive Skokie, IL 60077 Re: Geographical Information Systems Digital Database Dear Ms. Schwarz: Transmitted herewith is an original fully executed agreement approved by City Council on November 1, 2010,.through Resolution No. 2010-155. If you have any questions regarding this matter, please call Mr. James Rodino, at (323) 583-8811 ext. 115. Very truly yours, 0WILLARD G. A GU City Clerk WGY:dj c: James Rodino Martha Valenzuela Purchasing Department Resolution No. 2010-155 Agreement File No. 10-076 Exclusively Industrial AMENDMENT NO. 1 TO MUNICIPAL DATABASE LICENSE AGREEMENT BETWEEN THE CITY OF VERNON AND THOMAS BROS. MAPS D/B/A RAND MCNALLY This Amendment No. 1 to that certain Municipal Database License Agreement No. LIC033109, originally dated September 21, 2009, is made as of S�ti6ex- a( , 2010 ("Effective Date"), by and between the City of Vernon, a California charter city and municipal corporation ("City") and Thomas Bros. Maps, a division of RM Acquisition, LLC, d/b/a Rand McNally ("Contractor"), which may be referred to individually as "Party" and collectively as "Parties." WHEREAS, the City and Contractor are parties to Municipal Database License Agreement No. LIC033109, dated September 21, 2009, under which Contractor granted the City a non-exclusive license to use the Database ("Agreement"); and WHEREAS, Section 17.2 of the Agreement permits the Agreement to be modified by written amendment signed by both parties; and WHEREAS, the City and Contractor desire to modify the Agreement as provided herein. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree as follows: Section 10 of the Agreement is hereby amended in its entirety to read as follows: "Unless otherwise terminated in accordance with the terms of Section 11, this Agreement shall remain effective through September 20, 201 L" 2. Exhibit B ("Product License Schedule") is hereby replaced in full by the revised Exhibit B-1, attached hereto and incorporated herein. 3. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 4. This Amendment No. 1 is executed in duplicate originals, each of which is deemed to be an original for all purposes. 5. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included herein and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. 6. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 12720-0009\1284315v1.doc on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the Effective Date stated in the introductory clause. City of Vernon Thomas Bros. Maps, a division of RM Acquisition, LLC d/b/a Rand McNally By: Z�� By: Mayor / Mayor Pro- em Name: Title: By: Name: Title: APPR VED AS TO FORM: �r 6'V---mod LAURENCE S. WIE ER, City Attorney 12720-0009\1284315v1.doc 2 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the Effective Date stated in the introductory clause. City of Vernon Mayor / Mayor Pro-Tem ATTEST: Thomas Bros. Maps, a division of RM Acquisition, LLC d/b/a Rand McNally By: WILLARD YAMAGUCHI, City Clerk Name: Title: APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney 12720-0009\1 2843 15v 1.doc 2 . Exhibit R Product License Schedule I Jean A. Turner n r +ty ✓.i^ p Y'ysyi A ttz ,i�.+� .M.,x� r,T Y}ig 1 4 �'" ' ) p v hf _. -;z Company City of rnon„• 7c Name y�j{iQ Daniel Calleros «.rtment r-t.rti-nent r Title Address Fax 323 :. State Vernon,CiIj4 90058 Email dcallerosgdvenonx L.,ici u+girai uatapase - Los Angeles Cvun#y Non -Recurring Total 13 NC ntn rruu 3,000.00 RECEIVE® SEP 2 2 2010 STAFF REPORT CITY CLERK'S OFFICE PURCHASING DEPARTMENT DATE: September 22, 2010 TO: Honorable Mayor and City Council FROM: Martha Valenzuela, Director of Business Services/Personne RE: RAND McNally — THOMAS BROS. MAPS GIS DIGITAL DATA BASE RENEWAL FOR THE VERNON POLICE DEPARTMENT Purpose The purpose of this Staff Report is to obtain authorization from you and the. City Council to renew the GIS* Municipal Digital Data Base License agreement for the Police Department. Background The Rand McNally — Thomas Bros., Maps Municipal Database is a digital mapping source of the surrounding streets in and bordering the City. This software allows the user to collect and store the data and retrieve the information from multiple users when needed. Users of this system in the Communications Center, Patrol Lieutenants and Sergeants, and all of the mobile units in the Patrol vehicles. The department has used the software for approximately (1) year and find it to be an invaluable source of information. Recommendation It is our recommendation to approve the request to renew for one year, beginning September 21, 2010. Purchasing is requesting that this item be included on the agenda for the Council meeting scheduled for October iq,*, 2010. / 1 Fiscal Impact There is no fiscal impact to the City. Funding for the requested maintenance was specifically budgeted in the Police Department fiscal year 2010 — 2011 operating budget. Attachments *GIS — Geographic Information System