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HomeMy WebLinkAboutContracts & Agreements_240-2016 AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of services associated with Cityworks PLL Enhancements ("Agreement") is made and entered in this sixth day of December, 2016 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Miller Spatial Services , LLC ("Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties "In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE I —ENGAGEMENT OF CONSULTANT 1 I City hereby engages Consultant to provide Cityworks PLL Enhancements for City's Department of Development Services (the "Services"). 12 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2—SERVICES OF CONSULTANT 2 1 The Services that Consultant shall perform are more particularly described in Exhibit"A," entitled"Scope of Services,"which is attached hereto and incorporated herein by reference. 22 Consultant shall comply with applicable federal,state and local laws and regulations in the performance of this Agreement including,but not limited to State prevailing wage laws ARTICLE 3 --RESPONSIBILITIES OF CITY 3.1 City shall snake available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Torn Resh, GIS Supervisor, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4—PERFORMANCE OF SERVICES 41 This Agreement shall commence on its Effective Date and shall have a term of one(1)year (the"Term") 4.2 The implementation of the Cityworks PLL Enhancements shall occur according to Exhibit "B"--"Project Schedule" I IcaWjm1Agreements%Chyworis PLL Eniumcements Agmcment 1 13.6 16.docx 43 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City Staff ARTICLE 5—PAYMENTS TO CONSULTANT 5 1 The total compensation for Consultant's performance of Services during the twelve (12) months of the Term shall be as follows Seventy Nine Thousand Seven Hundred and Thirty dollars ($79,730) for Consultant's Cityworks PLL Enhancements and training City shall pay Consultant on a deliverables basis up to the not to exceed amount, in accordance with Exhibit"C"entitled "Project Costs and Hourly Rates " Exhibit"C" is attached hereto and incorporated herein by this reference 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the project City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 53 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i)on the date of delivery in person,(ii) five(5)days after deposit in first class registered mail,with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier,or (iv)on the date sent by facsimile,if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. City Consultant Danielle Garcia, Director Bruce Miller Management Services President City of Redlands 3499 10'"Street 35 Cajon Street,Suite 222 Redlands,CA 92508 Redlands, CA 92373 ARTICLE 6--INSURANCE AND INDEMNIFICATION 61 Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City I IcaWjm\Agrecmcnts\Cityworts PLL Enhancements Agreement 213.6 16. ux 62 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self insured or exempt from the workers' compensation laws of the State of California Consultant shall provide City with Exhibit "D," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services 6.3 Consultant shall secure and maintain comprehensive general liability insurance with carriers acceptable to City Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 64 Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made 65 Consultant shall secure and maintain business auto liability coverage,with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury Iiability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non- owned vehicles, and employee non-ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City 66 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by,or the willful misconduct of,Consultant,or its officers, employees and agents in performing the Services ARTICLE 7—CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further covenants and represents that in the performance of its duties hereunder,no person having any such interest shall perform any Services under this Agreement 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A. Does not make a governmental decision whether to C1caWjm%AgrecmentslCityworis PLL Enhancements Armement 313 6 i 6.docx (1) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) Issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize the City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design,report,study or similar item; (vi) adopt or grant City approval of,policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 73 In the event City determines that Consultant must disclose its financial interests,Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written Instructions provided by the City Clerk ARTICLE 8—GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents,and any use of incomplete documents,shall be at City's sole risk. 84 Consultant is for all purposes cinder this Agreement an independent contractor and shall perform the Services as an Independent contractor. Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or Implied, to act on behalf of City in any capacity whatsoever as an I fcakljmlAgrcuments%Citywarlcs PLL Enhancements Agreement 412.6 16.doex agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation 85 Unless earlier terminated as provided for below, this Agreement shall terminate on December 31, 2017 and acceptance of the Services by City This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings,specifications,reports,estimates,summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination 86 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years,or for any longer period required by law,from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant. 87 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and,understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing,approved by City and signed by City and Consultant 88 This Agreement shall be governed by and construed in accordance with the laws of the State of California 89 If one or more of the sentences,clauses,paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement 1ca\djm\Agreemants\Citywocis PLL Enhancements Agmcment 512,6 1&doex IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS MILLER SPATIAL SERVICES, LLC -�6 B � I C_. By. Z Paul W Foster Mayor Bruce Miller,President Attest, SamIrwin�ity Jerk I\catid}mlAgrecrnents\Cityworfs PLL Enhancemcats Agreement 612.6 16.docx EXHIBIT A-CTTYWORKS PLL ENHANCEMENTS SCOPE OF WORK Description Deliverables Initial Configuration Meeting Meeting Notes Fire Prevention Annual Inspections Fire Prevention Annual Inspection case type in Cityworks Fire Department Special Permitting Fire Department Special Permuting case type in Cityworks Planning;Permits Checklists Checklists implemented in Cityworks Training including searches, inboxes, fees, 8 5 days of training payments and administration Integration with GoEnforce Application that will display and update Code Enforcement stop cases on Cityworks map Integration with Enquesta Document outlining the best approach for integrating with Enquesta Integration with Permits Plus data Minimum -- outline steps to improve access to PermttsPlus data. Preferred - implement improved access to PermitsPlus data Integration with Laserfiche Minimum — outline steps to access Laserfiche. Preferred--implement access to Laserfiche. Comprehensive Procedures Manual Comprehensive Procedures Manual in digital format (Microsoft Word) 1 EXHIBIT B -CITYWORKS PLL ENHANCEMENTS PROJECT SCHEDULE Month Month Month Month Month Month 'ask Description 1 2 3 4 S 6 C 1 Initial Configuration Meeting 2 Initial PLL Configration 3 Staff Configuration Review Meeting 4 Final Cityworks Configuration 5 Training 6 implementation Customization (40 7 Post Installation Support hours) 1 EXHIBIT C-CITYWORK.S PLL ENHANCEMENTS PROJECT COSTS AND HOURLY RATES Rates $145 $105 $125 $95 Total PLL Technical Task Milestone Description Cost Manager Implementer Developer Writer 1 Initial Configuration Meeting $1,000 4 4 a Meeting Notes 2 Initial PLL Configuration $18,800 40 100 20 a Fire Prevention Annual Inspections b Fire Department Special Permitting C Checklists for Planning Permits d Inboxes e Searches ] 3 Staff Configuration Review Meeting $2,000 8 8 1] a Workflow listings of processes b Meeting Notes 4 Final Cityworks Configuration $8,250 30 30 6 li a Fire Prevention Annual Inspections b Fire Department Special Permitting c Checklists for Planning Permits d Inboxes e Searches 5 Training $21,180 30 106 60 a Comprehensive Procedures Manual b Admin and User Training C Copy of training material d Go-Live 6 Implement Custornizations $23,100 40 10 130 a Recommendations of best approaches 180 hours of b Customization/Integration 7 Post-Installation support $5,400 30 10 40 hours of post installation support Total Cost $79,730 Rates. Account manager. $145/hr Project manager $1451hr PLL Specialist $105/hr Developer- $125/hr Technical Writer- $95/hr 1 CERTIFICATE OF LIABILITY INSURANCE 1Q„�016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CER71FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT' It the certificate holder is an ADDITIONAL INSURED,the polley(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on(his certiticate does not confer rights to the certill cafe holder In Ileu of such endorsement(s) PRODUCER I CONTACT NAME' Grand Ccnoxlon Insurance Services PA ONE, 1 523a I AAIC Nal 714.541 6266 2910 S Archibald Ave Sulte A160 �p3� .9D%TAW AODRESS.Ien�irtstlraneehnrklln rnm Ontario.CA 91761 P110E CUSTOMER IA I INSLRiERIS)AFFORDING COVERAGE NAIC i INSURED INSURER UNDERWRITERSATLLOYDS Miller Spatial Services LLC INSURERS HARTFORD ACCIDENT AND INDEMNITY CO 20590 Bloomfield Rd INSURERC. Riverside CA 92508 INSURER D INSURER E I INSURER F ATE ER CRIS TO CERTIFY THAT THE POL C EST OF INSURANCE INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED ISION NUMBER THISNAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS INSR ALULSWUK POLICY EFF POUCYEXP LTR TYPE OF INSURANCE IMP yy10 POLICY NUMBER tMMIDbrYYYYi rFAMIDDlYYYYI LIMITS A GENERAL LIABIU 7Y ESE02176054 03/12/1016 03112)1017 EACH OCCURRENCE S 9000.000 x COMMERCIAL GENERAL LIABILITYVWAN Y't tv Kt1V ICU PREMISES tEa o=,ramal s 75R onn CLAIMS-MADE OCCUR MED EXP I ny ane Peron) ; 5 000 X $1,000 Deductible PERSONAL&ADV INJURY S GENERALAIGGREGATE S 2.000,000 GEt"LAGGREGATE LrArrAPPLIES PER (PRODUCTS COMPfOPAGG ]POLICY[7 FraT LOC S AUTOMOBILELIABILnV COMBINED SINGLE LIMIT S LOwIE (Ea=dsra) AJBODILY NJURY(Par Person) 5 _ A flYnrEbAUTaS BODILY N,1URY(Por axicert) ; _ SLHEDULEDAUTOS PROPERTY DAMAGE ; HIREDAUTOS (Parixo4ent) NOH-OWAED AUTOS S S UMBRELLALWB OCCUP EACH OCCURRENCE S EXCESSLIAI CLAMi11.W.L'E1r—F— AGGREGATE S _ DEMCTIELE f S RETENTION s s WORI(ERS COMPENSATION 11/1712D15 11117/2016 X KC 6TAI V ODI ANDEMPLOYERS LIABILITY YIN 72 WEC GH9313 ITORYLIMITSI I FR ANY FROPRIETCRIPARTNERIEXECU IVE E L EACH ACCIDENT S 1 000 000 OFFICERwEmaEREXCLUDE79 r NIA 1►#sndetary"Hl 1ELDISEA.SE EAFxPLOYEE $ 1 OOO.00D styes dounboundor azrr1al pnn�icn�icM.i. EL DIS-.ASE POLICY LIMIT ; 1 nnn non A I Errors&Omissions ESE02176054 03/1212016 03/12!2017 Each Claim 52,000,000 Aggregate S2,00D,000 DESCRIPTION OF OPERATION$I LOCATIONS IVEHICLES(Attach ACORD 101,AddlaanslRemarks Schedule trmarespecsIsrscOred) Certificate holder is included as additional insured per attached policy form CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLM BEFORE THE EXPIRATION DATEIs THEREOF NOTICE WILL 13F DELIVERED IN ACCORDANCE WITH THE City of Redlands EXPIRY Risk Management Division P 0 Box 3005 ALITHORIZED REPRESENTATIVE Redlands,CA 92373 J Teglien ©1988-20DS ACORD CORPORATION All rights reserved ACORD 25(2009109) The ACORD name and logo are regisle red In arks of ACORD INDEMNITY TO PRINCIPALS ATTACHING TO POLICY NUMBER ESE02176054 THE INSURED MILLER SPATIAL SERVICES LLC WITH EFFECT FROM 12 Mar 2016 IS is hereby understood and agreed that Principals are indemnified under this Policy as an additional Insured,but only in rasped of sums which they become legally obliged to pay(includ ng liability for claimants' Costs and expenses) as a resuit of any claim ansing solely out of any wrongful act committed by you or accidental Injury or damage in the course of your business activities provided that had a claim been made against you, then you would be entitled to indemnity under this Policy When this clause applies it shall be primary and non-contributory to Principals'own insurance but only if you and Principals have entered into a contract that contains a provision requiring this It is a condition precedent to indemnity under this clause that Principals shall prove to our satisfaction that the claim arose solely out of your business activities Whilst Principals have been named under this Policy as an additional insured,it is hereby noted and agreed that any claim made by Principals against you shall be treated as if Principals were a third party We shall also endeavour to provide 30 days notice of cancellation to Principals, however,not doing so shall net piece any additional liability upon us It is further understood and agreed that Principals are defined as follows Yorba Linda Water District,its af5iiated organizations and its and their respective officers, directors,trustees,empfoyees,agents,consultants,s(Effective From:23 Jun 2015) 1717 E Miraloma Ave Placentia CA 92870 us City of Escondido(Effective From 03 Oct 2016) Re Public Service Agreement Certificate holder is included as additionally insured under genera' liab'lity and automobile liability coverages Gener 201 N Broadway Escnndidc CA 92025 us The City of Moreno Valley,the Moreno Valley Housing Authority and the Moreno Valley Commun,ty Serviocs District,the r officers empfoyees and agent(Effective From 04 Oct 20 16) City of Moreno Valley 14177 Frederick Street P 0 Box 88005 CA 92552 us City of RedlandsRisk Ma iagemer.I Division(Effective From.19 Oct 2016) PO Box 3005 Redlands CA 92373 us SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE POLICY Authorised S gnatory CFC Underwriting Ltd CFC -1,