HomeMy WebLinkAbout06 - CC-8 - G.I.S. Application Support - 7/5/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2011 ITEM NUMBER: CC -8
SUBJECT: G.I.S. Application Support
DATE: MAY 9, 2011
FROM: Administrative Services Department/I.T.
PRESENTATION Richard Kirkbride, I.T. Manager
BY:
FOR FURTHER INFORMATION CONTACT: Richard Kirkbride, 754-5154
RECOMMENDATION:
Staff recommends that the City Council approve the Professional Services Agreement and
authorize the Mayor to sign the Agreement and Purchase Request for support services in
the amount of $110,475 for the City's G.I.S. system with A.C.T. GIS, Inc., 19000
Grovewood Dr., Corona, California 92881.
BACKGROUND:
The City purchased a Geographic Information System (G.I.S.) through A.C.T. GIS, Inc. in
1999 for use by various City Departments, including Police, Fire, Code Enforcement, City
Council, Administrative Services, Development Services, Planning and HUD among
others.
The programmer position responsible for supporting this system was eliminated from the
2010-2011 budget due to the budget reductions. This position was the only full time
position supporting the G.I.S. system. Although one additional programmer had been
cross -trained, that position was also eliminated from the 2010-2011 budget. Because of
the staffing reductions A.C.T. has been providing the support.
Funding for this agreement was previously approved as part of the 2011-2012 budget
process, and funding is available in the appropriate account. This Agreement will provide
support for the period of July 1, 2011 through June 30, 2012.
ANALYSIS:
The various City departments have come to rely on the G.I.S. system to provide multiple
layers of data to support their daily duties. The product requires a highly specialized set of
skills. The vendor provides the significant expertise needed to resolve technical issues that
are beyond the capabilities of our staff.
ALTERNATIVES CONSIDERED:
As the City chose to utilize A.C.T. GIS, Inc. as its implementation partner for this software
there is no solution that would be more cost effective from alternative vendors. If the City
chose to start over with a new vendor the cost in time and direct dollars would far exceed
the cost of this agreement. Additionally we have built a significant infrastructure within the
application with the aid of A.C.T. GIS, Inc. Continuity would become a significant issue,
and would have a direct impact on the cost, as any new vendor would expend considerable
resources and City employee time getting familiar with the structure and methodology
currently in place.
The City Council can also choose not to approve the agreement. However this would
reduce service levels to the citizens of Costa Mesa and hamper access to data needed for
other City projects. This is not a recommended alternative.
FISCAL REVIEW:
Funding for this agreement is included in the 2011-2012 fiscal year adopted budget.
LEGAL REVIEW:
The City Attorney's Office prepared the PSA and has approved it as to form and content.
CONCLUSION:
Approving the Purchase Requisition with A.C.T. GIS, Inc. will provide for the needed on-
site support for the G.I.S. system.
TAMARA LEOURNEAU
Interim Administrative Services Director
COLLEEN O'DONOGHUE
Assistant Finance Director
DISTRIBUTION: Steve Mandoki
RICHARD D. KIRKBRIDE
I.T. Manager
THOMAS P. DUARTE
City Attorney
ATTACHMENTS: 1 Purchase Requisition Copy (for reference)
2 PSA
3 Service Quote Including Onsite Assistance
4 Hourly Rate Sheet
K
' CITY OF COSTA MESA, CALIFORNIA
Vendor ID:
Purchase Order
= Purchase Requisition
Ship To/Location:
Nuber
(Assigned by Purchasing)
Standard Comments: ACC - ALL - ARR - BLA - CON - DCP - DIS - FCA - FCI - FIX - INS - IS - IST - ORG -QTR - REM - SUB - T&C
FINANCE DEPARTMENT USE ONLY
Available Appropriation: ❑ Yes [-]No
As of:
Leave Blank for Time Stam
Business Unit: CITY Date Requisitioned: 5/20/11
® Request is for Budgeted item(s)
Department: Admin Sys Division: MIS
❑ Request is for UNBUDGETED item(s)-(Memo Attached)
Ship To Address:
❑ Item(s) Pending Budget Amendment Request #
Contact Person: Rick Phone Number: 5154
❑ Requesting Sole Source (Justification Form Attached)
Send Copy of P.O. to: ❑ Contact Person and / or Victoria
❑ Fixed Asset Tag Request
Item
No.Amount
Qty Unit
Items (Give Full Description: Size, Catalog No. Etc.)
Unit Price
Estimated
1
1 LT
Gis Assistance And Contract Support
$110,475.00
$110,475.00
On An "As Needed" Basis Includes Geoprise Software
If additional lines are needed, please attach a second sheet Sales Tax (8.75%):
Const./Prof. Svs. Agmt. Completion Date: Include Shipping Fee:
$110,475.00
Insurance Required: ❑ Yes (Certificate attached ❑ No Estimated Total Cost 1
Item #
Account
Fund
Dept./Org.
Program
Project
Amount
1
525702
101
14600
50710
$110,475.00
Comments:
Total 1 $110,475.00
Period of Coverage: 7/1/11 to 6/31/12. Amount not to exceed $110,475.00. Certificate of Insurance good until 8/31/11.
Vendor's Standard Rate Schedule for 2011 attached.
Proper approvals are required before requisition can be processed.
Suggested Vendor: A.C.T. GIS INC.
Address: 19000 Grovewood Drive Ordered By:
Department Director/Authorized Signature
City, State, Zip Code: Corona, CA 92881
Phone: 951-313-3896 Fax: 951-848-9160 Approved By:
Vendor's Contact Person: Kyler Diershaw
Approved By:
Director of Finance/Purchasing Officer
City Manaqer (when required)
PURCHASING DIVISION USE ONLY
Vendor ID:
Buyer:
Insurance valid thru
Ship To/Location:
I Due Date:
Standard Comments: ACC - ALL - ARR - BLA - CON - DCP - DIS - FCA - FCI - FIX - INS - IS - IST - ORG -QTR - REM - SUB - T&C
FINANCE DEPARTMENT USE ONLY
Available Appropriation: ❑ Yes [-]No
As of:
Confirmed By:
2385-20 MW REVA/09
Rev FY/06
PROFESSIONAL SERVICES AGREEMENT
FOR ONSITE SERVICE SUPPORT
THIS AGREEMENT is made and entered into this I" day of July, 2011 (`Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
A.C.T. GIS, Inc., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant provide onsite service support of
geographic information systems as described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
the City's scope of work attached hereto as Exhibit "A," and incorporated herein by this
reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect
its performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant's performance of this Agreement.
1.3. Warrantv. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit `B," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's compensation shall in no case exceed One Hundred Ten "Thousand Four Hundred
and Seventy Five Dollars ($110,475.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services unless the City or the Project Manager for this Project,
prior to Consultant performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests and/or approvals of such additional
services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for
approval on a progress basis, but no more often than monthly. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City
shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as "Additional Services" and shall identify the number of the authorized change
order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
2 ACT GIS PSA 11
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of one (1) year, ending on June 30, 2012, unless previously terminated as provided herein
or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without Liability or legal
expense to Consultant.
3 ACT GIS PSA ll
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not Less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving, subrogation rights under its workers'
compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
5.3 If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self-insured retention.
4 ACT cis PSA 11
5.4. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
A.C.T. GIS, Inc.
19000 Grovewood Dr.
Corona, CA 92881
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
5 ACT GIS PSA 11
Tel: (951) 313-3896
Fax: (951) 848-9160
Attn: Kyler Diershaw
Tel: 714-754-5154
Fax: 714-754-
Attn: Rick Kirkbride
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"C" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless: Consultant shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees from any
and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or
death of any person or persons or damages of any nature including, but not by way of limitation,
all civil claims or workers' compensation claims arising out of or in any way connected with the
intentional or negligent acts, error or omissions of Consultant, its employees, agents or
subcontractors in the performance of this Agreement.
6.10, Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
6 ACT GIS PSA it
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.12. Public Records Act Disclosure: Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.13. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.14. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.15. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the scope of work, such provision
shall be deemed a part of this Agreement.
6.16. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.17. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
7 ACT GIS PSA 11
Agreement.
6.18. Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.19. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.20. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.21. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.22. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.23. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.24. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
8 ACT GIS PSA 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Date:
Chief Executive Officer of Costa Mesa
CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
0
Date:
Date:
ACT GIS PSA rr
APPROVED AS TO CONTENT:
Project Manager
ILI
Date:
ACT GIS PSA 11
EXHIBIT A
SCOPE OF SERVICES
11 ACT GIS PSA 11
EXHIBIT B
FEESCHEDULE
12 ACT czs PSA 11
EXHIBIT C
CITY COUNCIL POLICY 100-5
13 ACT GIS PSA iz
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug-free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
14 ACT GIs nsA rr
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees aoour:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment raider the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
15 ACT GIs PSA 11
SUBJECT POLICY EFFECTIVE PAGE
NUMBER DATE
DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.
16 ACT GIs PSA 11
EXHIBIT D
CERTIFICATES OF INSURANCE
17 ACT GIS PSA 11
A.C.T. GIS Inc.
ACT GIS
19000 Grovewood Drive
Corona, CA 92881
(951)313-3896
diershawk@actgis.com
ADDRESS
Mr. Rick Kirkbride
City of Costa Mesa
I.T. Department
77 Fair Dr.
P.O. Box 1200
Costa Mesa, CA 92628-1200
Quote
DATE
QUOTE #
05/03/2011
1101
Amount
EXP. DATE
07/30/2011
Date
Activity
Quantity
Rate
Amount
07/01/2011
GIS Assistance and Contract Support Services On An "As Needed" Basis.
1
110,475.00
110,475.00
Quote Includes Deployement, Update & Maintenence of GeoPrise
Software. Assistance Includes Data Updates, Standard and Adhoc Map
Production Including Fire and 911 Data/Map Support, and Custom Project
Work.
This price quote is provided for fiscal year 2011 - 2012. Thank you for your
TOTAL
$110,475.00
...5 —... — —.0 uv...w vvuvuo u. yvu. vv..vv...v..vv
you have any questions regarding this quote.
Accepted By: Accepted Date:
ACT Standard Rate Schedule
January 1, 2011
This rate schedule is included for your convenience. The project is priced based on the Fixed
Price schedule previously presented, and this rate schedule applies to changes or new items.
Rates reflected are hourly. Invoicing will be submitted on a percentage of completion or a
monthly progressive cycle.
GIS RELATED SERVICES
Senior Consultant $130.00
Project Manager $130.00
Systems Analyst $130.00
Senior Application Developer (Internet) $150.00
Senior Application Developer $125.00
GIS Analyst/Programmer $115.00
GIS Specialist $ 95.00
GIS Technician $ 75.00
Clerical/Miscellaneous Office Work $ 42.00