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HomeMy WebLinkAboutContracts & Agreements_11-2003_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES COMPASS GRANT This Agreement is made and entered into this 21st day of January 2003 by and between the City of Redlands, a municipal corporation (hereinafter "City") and MoosePoint Technology, Inc., (hereinafter"Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform services ("Services") for the East Valley COMPASS Project ("Project"), for the City of Redlands, California. 1.2 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 high quality Services for the Project at the level of competency presently maintained by other practicing professional Consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services the Consultant shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this agreement including but not limited to all applicable Labor code and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to access City-owned equipment and property as required by Consultant to perform the Services. Page 2 3.3 City designates Julie Wartell as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with Attachment"A", entitled "Scope of Services". ARTICLE 5 -PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of$106,245.00. City shall pay Consultant on a time and materials basis up to the not to exceed amount for each task as defined in Attachment A. Consultant shall be compensated in accordance with the rate schedule provided in Attachment B. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, including backup documentation if appropriate. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice,by warrant payable to Consultant. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City Consultant Julie Wartell r>;, R>i_5 Redlands Police Department MoosePoint TechnologW Inc. 30 Cajon Street tPoOlIr-, P. O. Box 3005 Redlands CA 92373 cA q!yqo-7 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE6 -INSURANCE AND INDEMNIFICATION Page 3 6.1.1 All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall not perform any Services pursuant to this Agreement unless and until all 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 work- All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30)days prior written notice to City. 6.1.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold hanniess provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.1.3 Consultant shall secure and maintain in force throughout the duration of this Agreement 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.1.4 Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. 6.1.5 Consultant shall have business auto liability coverage, with minimum limits of I million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. Page 4 6.1.6 Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, the Consultant will add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.1.7 Contractor shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents, from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 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. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are: Project Manager: _Jd&_L;-ek, MAC 6vii -t-cc k A t,C, On->�0L Consultant agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Consultant pursuant to this Agreement and any copyright interest Consultant may have in said herein described documents, records and data 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 for other projects and any use of incomplete documents NN411 be at City's sole Page 5 risk. 7.5 Consultant is for all purposes an independent contractor. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by the City, without cause, by providing ten(10) days prior written notice to the Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services affected, and (2) deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), of any 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 required by this Agreement. 7.9 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands, MoosePoint Technologies,Inc. ("City") ("Consultant") By: By KARL N. (KASEY)HAWS Title: Mayor Ma Y 1. ATTEST: - Lo �" Poyzer Cify Clerk, City of Redlands Attachment Scope ofServdces East Valley COMPASS This document is a summary from a detailed proposal provided by MoosePoint Technology, Inc. and its partner The Omega Group in response to the East Valley COMPASS, Internet/Intranet Crime Mapping Applications Requirements. Please refer to the East Valley COMPASS proposal document for project plans,deliverables,assumptions and all other project details. Project Summary Step 9 - Project Kick-of, Afeefin ,g The goal of this meeting is to establish a common understanding of the project for key team members. Project Kick-off Deliverables $ 1,320 Revised project plan Project Website for tracking project status Phase I Step 2— Design The goal of this step is to design an optimum user interface that can deliver sophisticated COMPASS functional requirements and data in a logical and easy to use application interface.MoosePoint Technology will,with the appropriate COMPASS stakeholders, design alternate application user interfaces and logical flow scenarios.This will be accomplished in five days of work effort that Will extend over a three week period. Task 1:Afeet on-site Task 2:Develop prototype interface Task 3:Meet on-site Design Deliverables $ 6,600 Logical flow diagram Sample interface screens Step 3 -Develop Functional Requirements MoosePoint Technology will customize the following features to seamlessly integrate with the COMPASS application logical flow and user interface defined in the design process. Task 1:Zoom,pan, and identify will include the follonin ,gfealures Task 2:_Quegin ,g Task 3:Output Task 4:Held Features Task 5. Data collection for anajlsis Development Deliverables $ 49,170 Prototype application running in MPT Step 4 — Implementation Phase 1 Citizen COMPASS installed,configured,and tested in the COT PASS production systems environment in Mvo onsite visits to ensure smooth transition to a production environment.The onsite visits will take place over three days and include the installation of base software,the installation of the custom application developed for Phase 1 Citizen COMPASS,and a thorough testing and fine tuning of the production environment. Task 1:Installation Task 2.Final fine tuning environment Implementation Deliverables $ 3,960 Application software installed, configured, and tested Step 5— Training MoosePoint will provide training to ensure COMPASS Staff have the necessary knowledge to support the project. Special effort will be made to enable the COMPASS site administrator to modify the existing site to support changes in data and queries. Task 1:Staff training Task 2:Staff training document Training Deliverables $ 5,280 Two days of onsite training Site configuration documentation Phase 2 Step 6— Design The goal of this step is to design an appropriate integration for additional functionality and data in a logical and easy to use application interface. MoosePoint Technology will meet with the appropriate COMPASS stakeholders in a one day on site meeting to discuss the optimum integration with the existing Phase I application. Task 1:Afeet on-site Design De&vrables $ 1,320 Logical flow diagram Sample interface screens Step 7 - Develop Functional Requirements MoosePoint Technology ull customize the follouing features to seamlessly integrate with the COMPASS Phase 1 application. Task I:Quegin Task 2. Spatial Anaylsis Task 3: Vienin glReporfing Development Deliverables $ 11,220 Prototype application running in ,VPT Step 8— Imblementalion Functional Requirements MoosePoint will install,configure,and test custom application developed for Phase 2 COMPASS Partner Application. Task 1:Installation Implementation Deliverables $ 2,640 Application software installed, configured, and tested Step P -Prelect Management Throughout this project, MoosePoint will provide ongoing project management services to assure the work is managed according to the project plan and that deliverables and activities meet or exceed the expectations of the COMPASS project manager. Project Management Deliverables $ 9,735 Status reports Meetings Billings Total Project Costs GeoSmart.net Software $ 15,000 Total Project Costs $ 106,245 ATTACHMENT B MOOSEPOINT TECHNOLOGY HOURLY FEE RATE SCHEDULE January 1,22002 Professional services performed on a time-and-materials basis shall be invoiced at the following rates. Rates reflected are hourly. GENERAL SERVICES Senior Consultant $150.00 Systems Analyst $125.00 Senior Application Developer $125.00 GIS RELATED SERVICES ArcIMS Analyst/Programmer $150.00 GIS Analyst/Programmer 1 $125.00 GIS Specialist $95.00 GIS Technician $65.00 OTHER SERVICES Litigation Consultant/Expert Witness $225.00 Clerical/Miscellaneous Office Work $42.00 REIMBURSABLE EXPENSES The following services will be billed at cost plus 15%unless otherwise noted. Reproduction Services: Includes blueprinting,copying,printing,and plotting. In-house plots Will be billed at$6.00 per sheet. Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm. Commercial Delivery Services: Including Express Mail,Federal Express,UPS,and independent courier services, In-House Pick-Up and Delivery Services: These services provided by our firm will be reimbursed at$30.00 per hour. In addition,mileage will be billed at$0.34 per mile with no markup. Travel Expenses. Mileage to and from the job site will be billed at a rate of$0.34 per mile with no markup. Travel time will be billed at$75.00 per hour,per person,one-way. Airfare will be billed at cost plus 5%. Per Diem: Per Diem for overnight stays will be billed at$45.00 per day,per person. Hotel will be billed at cost. Note. Inivicin ,g gill be submitted on apercentage of completion©r a monthl .y_progressive cycle ik*hioe~%4 �Y Inc 12/20102 East Valley COMPASS