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Resolution No. 2012-036RESOLUTION NO. 2012-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 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, on November 1, 2010, the City Council of the City of Vernon adopted Resolution No. 2010-155 approving Amendment No. 1 to the Agreement to renew the Agreement for a period of one year; and WHEREAS, the Database is used in conjunction with the City's GST mapping software for the purposes of 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 February 8, 2012 the Interim Chief of Police has recommended that the Agreement be extended with TBM for a one-year period in an amount not to exceed Three Thousand Dollars ($3,000.00); 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. 2 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. 2 to the Municipal Database License Agreement with TBM ("Amendment No. 2"), in substantially the same form as the copy 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. 2 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 instructs 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. 2 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. 2 to: Thomas Bros. Maps, a Division of RM Acquisitions, LLC d/b/a Rand McNally Attn.: Carol Sievers 9855 Woods Drive Skokie, IL 60077 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 21st day of February, 2012. Name: William J. Davis Title:.4P/ Mayor Pro-Tem _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. 2012-36, 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 Tuesday, February 21, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2012, at Vernon, California. (SEAL) 4 EXHIBIT A 9855 Woods Drive, Skokie, Illinois 60077-1074 Phone: 847 329 8100 LATITUDE:N 42` 03' 37" LONGITUDE: W 87'45'39" Amendment No. 2 to Municipal Database License Agreement between The City of Vernon and RM Acquisition, LLC d/b/a Rand McNally Via Thomas Bros. Maps This Amendment No. 2 to the certain Municipal Database License Agreement, Agreement No.: LIC033109, originally dated September 21, 2009, as amended on September 21, 2010, is made as of September 21, 2011 (the "Effective Date"), by and between RM ACQUISITION, LLC d/b/a RAND McNALLY t/a THOMAS BROS. MAPS, a Delaware limited liability company ("Contractor") and the CITY OF VERNON, a California charter city and municipal corporation ("City'). Contractor and City may be referred to individually as a "Party" and collectively as the "Parties". WHEREAS, Contractor and City entered into the Municipal Database License Agreement, License Agreement No.: LIC033109, with an Effective Date of September 21, 2009 (the "Original License Agreement") as amended by Amendment No. 1 dated September 21, 2011 (the Original License Agreement and Amendment No. 1 are hereinafter collectively referred to as the "Agreement'); and WHEREAS, Section 17.2 of the Agreement permits the Original License Agreement to be modified by written amendment signed by both Parties; and WHEREAS, Contractor and City 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: 1. That Section 10 of the Original License 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, 2012.0 2. That Exhibit B-1 attached to Amendment No. 1 ("Product License Schedule") is hereby replaced in full by the revised Exhibit B-2, attached hereto and incorporated herein. 3. This Amendment No. 2 is executed in duplicate originals, each of which is deemed to be an original for all purposes. 4. The provisions of this Amendment No. 2 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. 2. 5. The persons executing this Amendment No. 2 on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Amendment No. 2 on behalf of that Party and has the authority to bind that Party to the performance of its obligations hereunder. RM Acquisition. LLC dtha Rand McNally Proprietary & Confidential ' Page 1 of 2 This document may not be redistributed without permission IN WITNESS WHEREOF, the Parties have signed this Amendment No. 2 as of the Effective Date stated in the introductory clause. CITY OF VERNON By: Print Name/Title: ATTEST: Print Name/Title: Print Name/Title: RM ACQUISITION, LLC d/b/a RAND McNALLY t/a THOMAS BROS. MAPS By: Print: Title: RM AcquislGon, LLC dVa Rand M Welly Pmpnelary& Confidenlal Page 2 a( 2 This document my M be nedisbibuWd withaA pi mission Exhibit B-2 Product License Schedule LIC033109 I- • . 09/21/09 Carol Sievers e •. 09/20/12 111111159M, •MIRWR 10/12/11 a 10260903 Billing Information Billing Contact Company City of Vernon Name Daniel Calleros Department Police Department Title Po Box Phone 323-583-8811 x155 Address 4305 Santa Fe Avenue Fax City, State Vernon, CA Zip 90058 Email dcalleros(a),ci.vernon.ca.us Exempt Status OrderTax Purchase Yes Tax ID# Yes PO# X No (print) _ No (print) If yes, a completed certificate must be returned with license. If yes, purchase order must be returned with license. Database .- Restrictions Current License Term Enterprise (multiple sites) _ Department (specify user count) 1 (years) X Site (single site) User Count Line .. Product Item • r• Qty Fee/Unit Price Type Adjustment Product Fee 1.0 3.0 GIS Digital Database - Los Angeles County 1 $3,000.00 annual $ 3,000.00 Product Total $ 3,000.00 Non Recurring Fees Non -Recurring Total J:�hame..`cuslomersb.z�a menWmgionalfirallC014B mentll Exal.xls Thomas area. Maps Pmpnelory and Confidential, Thls may not be redistributed wtoul penonslon. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 22, 2012 Thomas Bros. Maps, a Division of RM Acquisitions, LLC d/b/a Rand McNally Attn: Carol Sievers 9855 Woods Drive Skokie, IL 60077 Re: Amendment No. 2 to the Municipal Database License Agreement Dear Ms. Sievers: Transmitted herewith is an original fully executed amendment approved by City Council on February 21, 2012, through Resolution No. 2012-36. If you have any questions regarding this matter, please call Daniel Calleros, at (323) 583-8811 ext. 114. F iyyours,RD G. Y� City Clerk WGY:dj c: Daniel Calleros Purchasing Department Resolution No. 2012-36 Agreement File No. 12-023 Excfusivefy Industrial Amendment No. 2 to Municipal Database License Agreement between The City of Vernon and RM Acquisition, LLC d/b/a Rand McNally t/a Thomas Bros. Maps This Amendment No. 2 to the certain Municipal Database License Agreement, Agreement No.: LIC033109, originally dated September 21, 2009, as amended on September 21, 2010, is made as of September 21, 2011 (the "Effective Date'), by and between RM ACQUISITION, LLC d/b/a RAND McNALLY t/a THOMAS BROS. MAPS, a Delaware limited liability company ("Contractor") and the CITY OF VERNON, a California charter city and municipal corporation ("City"). Contractor and City may be referred to individually as a "Party" and collectively as the "Parties". WHEREAS, Contractor and City entered into the Municipal Database License Agreement, License Agreement No.: LIC033109, with an Effective Date of September 21, 2009 (the "Original License Agreement') as amended by Amendment No. 1 dated September 21, 2011 (the Original License Agreement and Amendment No. 1 are hereinafter collectively referred to as the "Agreement'); and WHEREAS, Section 17.2 of the Agreement permits the Original License Agreement to be modified by written amendment signed by both Parties; and WHEREAS, Contractor and City 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: 1. That Section 10 of the Original License 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, 2012." 2. That Exhibit B-1 attached to Amendment No. 1 ('Product License Schedule") is hereby replaced in full by the revised Exhibit B-2, attached hereto and incorporated herein. 3. This Amendment No. 2 is executed in duplicate originals, each of which is deemed to be an original for all purposes. 4. The provisions of this Amendment No. 2 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. 2. 5. The persons executing this Amendment No. 2 on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Amendment No. 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. 2 as of the Effective Date stated in the introductory clause. CITY OF VERNON lerk This document may not be redistributed without permission Exhibit B-2 Product License Schedule Customer Signature Acct. No. r r Billing Information Billing Contact Company City of Vernon Name Daniel Calleros Department Police Department Title PO Box Phone 323-583-8811 x 155 Address 4305 Santa Fe Avenue Fax City, State Vernon, CA Zip 90058 Email dcalleros(cDci.vernon.ca.us Tax Exempt Status Purchase Order Yes Tax ID# Yes PO# X No (print) _ No (print) If yes, a completed certificate must be returned with license. If yes, purchase order must be returned with license. Database _ Enterprise (multiple sites) _ Department (specify user count) 1 (years) X Site (single site) User Count Line .. Product ProductTotal Item ID Description/Title City FeelUnitPrice Type Adjustment Product Fee 1.0 3.0 GIS Digital Database - Los Angeles County 1 $3,000.00 annual $ 3,000.00 Product Total 1 $ 3,000.00 Non Recurring Fees Non -Recurring Total Jishare\..A atomersls-zlsammentomglonalfire\LIC01 466Amendl E%Bl.l Thomas Bros. Maps Prooelary and ConfidenW. This my not be redistnbutsd without pennlssion. RECEIVED FEB 0 9 2012 CITY ADMINISTRATION RECEIVED FEB 13 2012 CITY CLERK'S OFFICE STAFF REPORT VERNON POLICE DEPARTMENT DATE: February 8, 2012 TO: Honorable Mayor Pro -Tempe and City Council FROM: Daniel Calleros, Interim Chief of Police V RE: Renewal of Thomas Brothers Mapping Database Purpose The purpose of this staff report is to obtain authorization for the renewal of a Thomas Bros. Maps Municipal Database License Agreement through Rand McNally. Background The Police Department purchased licensing with Thomas Bros. Maps to acquire Los Angeles County area data for Geographical Information Systems (GIS) base -maps. The Thomas Brothers Los Angeles County map layer will be used in conjunction with our GST mapping software for the purpose of public safety operations and activities. These public safety activities include: regional planning, mutual aid tactical deployments; pursuits that leave the jurisdictional boundary of Vernon; and investigative activities that occur throughout Los Angeles County. Thomas Bros. Maps digital database is the same database used to create the comprehensive detail of the Thomas Bros. printed map guide which offers accurate GIS mapping layers to desktop users. This easy -to -use GIS data allows us to look up addresses, save multiple locations for future reference, copy and paste maps into other documents, and print out manuscript quality maps with the same coverage as the standard Thomas Bros Guide. Thomas Bros. Maps digital database contains 15 different GIS mapping layers upgraded annually and offers the high standards of quality and digital accuracy up to 10-foot spatial accuracy for which Thomas Bros. Maps has always been known. Analysis The Police Department purchased a one-year license agreement which will be renewed yearly. The agreement expired on September 20, 2011. It is our recommendation to proceed with the one-year municipal database license agreement in order for the Police Department to utilize Thomas Brothers Los Angeles County map layer. Recommendation I recommend City Council approve the agreement, as this map application is a critical component of the Police Department mapping system. Legal Review The license agreement has been reviewed and approved by the Interim City Attorney's Office. Fiscal Impact The cost to renew the Thomas Brothers L.A. County database through Rand McNally is $3,000. Funds have been budgeted for this purchase. ATTACHMENTS • Thomas Bros. Map Annual agreement • Memo from the Interim City Attorney's Office CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: February 6, 2012 TO: Daniel Calleros, Interim Police Chief FROM: Willard G. Yamaguchi, Chief Deputy City Attorney RE: Thomas Bros. Maps Amendment No. 2 to Municipal Database License Agreement I have received and reviewed the email dated February 6, 2012, and the attachments thereto. Amendment No. 2 is approved as to form. WY:em Enclosures