HomeMy WebLinkAbout4.04 GIS Needs Assessment_ _.
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STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCfL File # ~~[O p0-300^
DATE: May 3, 2011
TO:
FROM:
`i~-Joni Pattillo,
City Manager
SUBJECT: Authorization to enter into an Agreement with Psomas to provide a Geographic
Information System Needs Assessment
Prepared By: Steve Pappa, Information Systems Manager
EXECUTIVE SUMMARY:
The City's Geographic Information System (GIS) program has been active since 2002. This
study will update a 2002 Master Plan and evaluate how the program can be improved to fulfill
the needs of Staff and the Public. The City received proposals from seven firms to conduct a
GIS Needs Assessment. After review of proposals it is recommended that the City engage
Psomas to conduct the GIS Needs Assessment. -
FINANCIAL IMPACT:
The City Council has appropriated $30,000 in general fund appropriations as part of the Fiscal
Year 2010-2011 Capital Improvement Project budget (Project #930004) for Geographic
Information System. The cost of the proposed services from Psomas is $37,030. A budget
change for $7,030 to be appropriated from reserves is required.
RECOMMENDATION:
Staff recommends that the City Council take the following actions: 1) Adopt the following
Resolution Authorizing the City Manager to Execute an Agreement with Psomas to provide a
GIS Needs Assessment and 2) Approve the Budget Change.
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T "Submittevd By~';~" ~ Reviewed By
Information Syste~`s~lgr Administrative Services Dir
Revi wed B
Assistant Ci anager
Honorable Mayor and City Councilmembers
Page 1 of 2 ITEM NO. ~• ~
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DESCRIPTION:
The performance of a GIS Needs Assessment is a project identified in the Five Year Strategic
Technology Master Plan presented to the City Council in September 2007. The GIS Needs
Assessment will analyze the GIS program and make recommendations for enhancements to
improve service for Staff and the Public.
On January 20, 2011, firms qualified to conduct a GIS Needs Assessment were invited to
submit proposals based on the City's project specifications. Seven proposals were received
from firms interested in the project. The cost presented in the proposals ranged from $15,000
to $100,460. The proposals were reviewed to identify those which most closely met the Cities
needs. Proposals were evaluated on quality and completeness, proposer's stated experience
conducting GIS Needs Assessments, ability to schedule and efficiently perForm the work, prior
record of perFormance on similar engagements, and cost proposal and hours to complete the
project. Based on this review three firms were invited to make a presentation to a Staff
evaluation committee.
The Evaluation Committee included representatives of the Administrative Services, Community
Development, and Public Works Departments. Based on its proposal and interview
presentation Staff believes that Psomas is most qualified to conduct the GIS Needs
Assessment. Psomas has conducted more than 50 GIS strategic plans and needs assessments
for municipal agencies. Psomas uses a structured and proven methodology coupled with a
strong understanding of technology and industry best practices, which the Committee.rated as a
high value to the City.
The GIS Needs Assessment will include an inventory and analysis of the City's GIS technology,
processes, and services, interviews of all City departments to determine needs, and
examination of the City's public-facing GIS website to identify opportunities for improvement:
The resulting GIS Needs Assessment report from Psomas will include recommendations for
improvements with estimated funding requirements that the City can consider for
implementation in future years. ~
City Staff have checked the project references of Psomas and has received positive feedback
regarding Psomas' performance of past projects.
Adoption of the proposed resolution (Attachment 1) will authorize the City Manager to execute
an agreement with Psomas to provide the GIS Needs Assessment. It is expected that once the
work is scheduled that it will be completed in six weeks. An additional appropriation of $7,030
from reserves (Attachment 2) is required to fund the project.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Copies of the Staff Report will be made available to firms submitting proposals
ATTACHMENTS: 1. Resolution Authorizing the City Manager to Execute An
Agreement with Psomas to Conduct a GIS Needs
Assessment.
2. Budget Change
Page 2 of 2
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RESOLUTION NO. xx - 11
A RESOLUTION OF THE CITY COUNCIL .
OF THE CITY OF DUBLIN
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AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PSOMAS TO
CONDUCT A GEOGRAPHIC INFORMATION SYSTEM (GIS) NEEDS ASSESSMENT
WHEREAS, the City desires to conduct a GOS Needs Assessment; and
WHEREAS, the project requires specialized expertise in the field of Geographic
Information Systems; and
WHEREAS, the City Staff issued a Request For Proposal and received seven
responses; and
WHEREAS, City Staff evaluated the responses and determined that the proposed scope
of work presented by Psomas, as well as the firms background and experience is most closely
related to the City needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
authorizes the City Manager to execute the agreement with Psomas to conduct a GIS Needs
Assessment (attached hereto as Exhibit A), in an base contract amount not to exceed
$37,030.00.
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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AT ACHMENT 1
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GEOGRAPHIC INFORMATION SYSTEM NEEDS ASSESSMENT SERVICES
AGREEMENT BETWEEN THE CITY OF DUBLIN AND PSOMAS
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Psomas ("Consultant") as of May 4, 2011.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at ~e time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time .
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession: Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standartls of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance ~
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed,
$37,030.00 notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City,
Consultant shall not bill City for duplicate services performed by more than one person.
Consulting Services Agreement between
~~ City of Dublin and Psomas
May 4, 2011
Page 1 of 20
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon ConsultanYs estimated costs of providing the services required hereunder,
including salaries and benefits of employees antl subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agr`eement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices sh'all contain the following information:
^ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
^ The beginning and ending dates of the billing period;
~ A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
^ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
^ The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
^ The Consultant's signature.
2.2 Monthly Pavment. City shall make monthijr payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10°/o of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed. -
2.4 Total Pavment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any.extra, further, or additional service pursuant to this Agreement.
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 2 of 20
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In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses shall not exceed the amount shown in
Exhibit B.
2.7 Pavment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shali compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
~ authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City, The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities. -
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 3 of 20
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subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and matle part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employetl directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insu~ance sh'all be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
~ the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liabilitv Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associatetl with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
~ including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 ~Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liabitity and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1("any auto"). No
endorsement shall be attached limiting the coverage.
Consulting Services Agreement between . May 4, 2011
City of Dublin and Psomas Page 4 of 20
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4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection affortled to
City or its officers, employees, agents, or volunteers,
b:~ The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
Any failure of CONSULTANT to comply with repocting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certifietl mail, return receipt
requested, has been given to the City.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty ~(30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 5 of 20
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4.3.4
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The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage. ~
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed °
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either noC commercially available, or that the City's interests
are otherwise fully protected.
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas ~ Page 6 of 20
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4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
detluctible or self=insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them. ~
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are altematives ~to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
^ Obtain such insurance and deduct arid retain the amount of the premiums for such
insurance from any sums due under the Agreement;
^ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance, with the requirements hereof; and/or
^ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold. harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its~ employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 7 of 20
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violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required untler this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consitleration,
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City. .
Section 6. STATUS OF~ CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreemenf and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by whicli Consultant
accomplishes services renderetl pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shalf not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Aqent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governinq Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 8 of 20
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7.3 Other Governmental Regulations. 7o the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that.Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consulfant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant sfiall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting; and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation. ~
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
Gonsulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 9 of 20
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written amendment to this Agreement, as provided for herein, Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the exterision period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontractinq. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience,-and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Atlministrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than fo the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and ~onsultant shall survive
the termination of this Agreement.
8.6 Options upon~Breach bv Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consulting Services Agreement between May 4, 2011
City.of Dublin and Psomas Page 10 of 20
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Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City, Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties. - ~
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements.charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9:3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a~
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in ful- force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
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City of Dublin and Psomas Page 11 of 20
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
- and shall apply to antl bind the successors and assigns of the parties,
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a"conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 89 000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 ef seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials,
10.9 Contract Administration. This Agreement shall be administered by Steve Pappa,
lnformation Systems Manager ("Contract Administrator"). All correspondence shall be
. directed to or through the Contract Administrator or his or her designee.
10.10 Notices, Any written notice to Consultant and City shall be sent to:
Consultant
Craig H. Gooch, Vice President
Psomas
2010 lowa Avenue, Suite 101
Riverside, CA 92507-2465
Consulting Services Agreement between
City of Dublin and Psomas
C~
ATTN City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
May 4, 2011
Page 12 of 20
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10.11 Inteqration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
Joni Pattillo, City Manager
Attest:
City Clerk.
CONSULTANT
Craig H. Gooch, Vice President
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 13 of 20
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EXHIBIT A
SCOPE OF SERVICES
Project Understanding
As a long term user of GIS, the City has received sign'ificant value from GIS. Yet greater integration
with City business systems and process will further increase the value of GIS.
The resulting GIS needs assessment will identify the gap in desired usage, define strategies for
enhancing GIS service delivery with improved efficiency and effectiveness, ensure methodology and
processes to maintain mission-critical information, expand GIS accessibility and use, enhance
support of City business activities, and increase organizational' awareness and support for , GIS.
Psomas will develop and present an implementation plan with recommendations for future GIS
initiatives/projects with corresponding specifics; such as implementation components, required tasks,
estimated cost, key success factors, and change management considerations.
Project Methodology
Psomas will perform GIS needs assessment and implementation planning in a systematic manner
consistent with our proven methodology that provides predictability of outcomes, process efficiency,
and thoroughness to assure the needs and opportunities are addressed in our recommendations. The
project methodology has been developed and refined through more than 50 GIS strategic planning
projects of varying scales and focus, including large agency enterprise strategic plans down to
focused departmental plans.
Examples of similar scale studies using this methodology include the City of Sacramento; the Orange
County Sanitation District, Mission Springs Water District, Santa Clara Valley Water District,
County of Santa Clara, and the Los Angeles County Sanitation Districts.
Our project methodology provides an incremental and progressive means for developing a GIS
strategy and work plan aligned to address the needs and priorities of the City. Key to the Psomas
methodology is the engagement of stakeliolders and defining clear linkages between strategies and
tactics and the business processes they support. Stakeholder buy-in and clear business justification
far GIS are essential plan elements. ~
This simple three-step structure is easily understood by stakeholders at the project outset and will
help to focus their attention at each step.
Step 1. Document Business Needs and Gap Analysis - This identifies business needs of individual
stakeholder units and recognizes external drivers including regulations, economy and other
environmental trends. Business needs focusing on gaps are documented through a review of existing
systems, current GIS implementation, departmental interview findings, and a compilation of
enterprise needs contrasted to individual business unit needs.
Step 2. Define GIS Solutions - GIS implementation opportunities are defined to address business
needs and GIS usage that has not been met. Dependent information supporting the GIS applications
wili be defined by the content, format, quality, and accessibility requirements. GIS solutions are
correlated to business needs, GIS functions, information, systems, and business units. ,
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City of Dublin and Psomas Page 14 of 20
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Step 3. Strategy and Irraplernentation Planning - Strategies define approaches to develop, fund,
govern, sustain, and operate the GIS initiatives. 5trategies address implementation phasing, goal
fulfillment, and outcomes. A costlbenefit analysis is performed on the major application areas to
measure their value. The implementation plan develops a road map of specific projects that will
implement the GIS strategies. Tlie road map defines resource needs, activity descriptions, outcomes,
costs, and benefits. ~
Project Work Plan
Psomas proposes to address the City's requirements for the GIS needs assessment consulting services
through three (3) primary tasks, culminating in the delivery and presentation of the implementation
recommendations.
The following tasks will be performed:
Task 1- Project Initiation and Management
Task 2 - Needs Assessment
Task 3 - Implementation Planning
Each task is described with subtasks, City staff requirements, and deliverables.
Task 1- Project Initiation and Management
Effective communication between Psomas and the City of Dublin is vital to assure project objectives
are accomplished effectively. Psomas' Project Manager will coordinate regularly witli the City's
Project Manager using a variety of communication methods including formal reporting, on-site
meetings, phone calls, web meetings, and e-mail. We propose a weekly e-mail status of outstanding
action items for the City and Psomas as a regular means for focusing on tasks at hand. Bi-weekly and
as-needed phone calls, and on-line meetings (or held on site when coordinated with other activities)
will discuss project actions and next steps. Once a month, Psomas will submit a project status report
and review it with the City's Project Manager. Results of these discussions will be documented and
corrective action taken as needed to adjust methods, schedule, or deliverables to better align with the
project needs.
As a first step to effective communication and proactive management, the project initiation task
focuses on organizing the Psomas and City project team for the work ahead. Psomas will facilitate a
project kick-off ineeting to introduce the project team and roles, review the project approach; and
agree to coordination, reporting, and scheduling logistics
Task 1 will be accomplished through three (3) subtasks listed below:
~• 1.1 Project management and meetings
• 1.2 Project financials and monthly reporting
• 13 Kickoff ineeting and orientation
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City of Dublin and Psomas Page 15 of 20
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City Staff Requirements:
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City Project Manager: attend kick-off ineetings and bi-weekly meetings; review and approve
project status reports; identify City's project team members; serve as City's main point-of
contact. Time allotted: 8 to 1.0 hours per week.
• Project Team Members: attend kick-off ineeting. Time allotted: 2 hours per each member.
Deliverables:
• Project operations memorandum summarizing the final project approach based on the project
initiation meeting and associated discussion.
~ Weekly punch list of actionable items for the City and Psomas.
• Bi-weekly project status meeting (on line meeting or conference call).
• Monthly written status report.
Task 2 - Needs Assessment
The main objective of the needs assessment is to understand the business needs of the City that can
be supported and enhanced with GIS. A GIS program already exists at the City; therefore, an
assessment must identify those unmet GIS needs from the City's user community. Through
individual departmental interviews, Psomas will document the business needs, GIS application
opportunities, data needs, existing practices, work volumes, and staffing characteristics related to
GIS. The Psomas Team will seek departmental perspectives on prioritization of GIS initiatives, risks,
key success factors and other opinions to aid in the implementation planning. Psomas~ will seek to
establish rapport and communicate possible future GIS solutions relevant to specific business areas
based on local government GIS best practices.
Psomas ~vill prepare an interview memorandum which will be distributed to each department and
participating staff inember prior to the interviews. This will present the overall project objectives and
focus on the purpose and approach for the needs assessment. This advanced communication sets
expectations for needs assessment interviews and assures effective use of the City stakeholder's time.
Psomas will.work with the City of Dublin to coordinate interview scheduling and time allocation.
Interview durations will be kept between '/2 hour to 2 hours, depending on department size and GIS
application opportunities. Psomas estimates eight (8) interviews to be conducted in a two (2) day
period. The City will be responsible for scheduling meetings and reserving interview areas.
Psomas would like to meet with departments in their workspace areas so we may note the physical
setting and how they currently use GIS, and access documents, maps, information systems, and other
relevant information.
Psomas may conduct interviews by telephone with any outside agencies that are currently or
potentially contributing to the City's GIS operations.
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City of Dublin and Psomas Page 16 of 20
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Psomas will document the GIS needs in a two-step process consisting of: 1) departmental needs, and
2) combined aggregate needs. Psomas will submit departmental interview findings to each group as a
means of validating requirements; opportunities, priorities,. and perspectives. Specifically, the
documentation will identify:.
• Business functions
• Existing information technology and G~S utilization .
• Information sources and gaps ~
~ GIS application opportunities
• Future challenges to business and trends (for next fi ve years) ~
• External information and process connections .(provide to or rely on others)
• Issues, concerns, and critical success factors
The approved departmental needs will be consolidated into a standardized citywide needs report that
identifies unique and common needs across all of the City's operational units. The Aggregate Needs
Assessment Report will clarify synergy opportunities and patterns of need to help define effective
strategies for addressing these needs in the implementation plan.
The key areas of the aggregate GIS Needs Assessment report include:
• Current environment summary
• Opportunity identification
• Business needs
• ~ Application needs
• Data and maintenance needs
~ Technology needs
• Operations and maintenance
• Governance and organization
Psomas will submit the report in draft form to the City for review and comment. We will facilitate a
review workshop to present the contents of the report to the City stakeholders where the "enterprise"
perspective of needs is shared as a means of illustrating how individual department needs fi t into the
city-wide context. Written comments from the City will be incorporated into the final report.
Task 2 will be accomplished through four (4) subtasks listed below:
• 2.1 On site interviews
• 2.2 Interview documentation
• 2.3 Aggregate needs assessment report
• 2.4 Reyiew workshop
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City of Dublin and Psomas Page 17 of 20
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City Staff Requirements:
..• City Project Manager: select interview groups, schedule interviews, attend selective
interviews, review and approve documents, schedule review workshop, proyide oversight and
guidance. Time allotted: 40 to 60 hours.
• Stakeholder group (identified for interview and representing each interview
group/department). Time allotted: 4 to 8 hours per each member.
Deliverables:
• Interview summary documents
• Needs assessment review workshop
• Aggregate needs assessment report
Task 3 - Implementation Planning -
The implementation planning will transform aggregated GIS needs into practical GIS
initiatiyes/projects that can be prioritized for consideration and implementation. The resulting
recommendations, compiled into the implementation plan, will define a practical road map that
identifies tasks that the City must perform to execute and sustain.
Each GIS initiative/project will be defined with the following elements:
• Objectives
• Functional requirements
• GIS technology components
• Project implementation tasks
~ Recommended schedule
• Estimated project budget
• Special considerations (i.e., special resources, change management, etc.)
Psomas will present the implementation plan to City management, or any audience the City Project
Manager defines, as a final step in the project. The presentation to City management will focus on
clarifying the plan elements, desired outcomes, and potential challenges.
Psomas will deliver all project documents in their native fi le format (MS Word, Excel, and Project)
and three (3) bound hardcopy sets and in PDF format.
A project close-out meeting will be held following final acceptance of the plan to review lessons
learned.
Task 3 will be accomplished through three (3) subtasks listed below:
• 3.1 Define implementation components
• 3.2 Implementation Recommendation .
• 3.3 Presentation Workshop
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City of Dublin and Psomas Page 18 of 20
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City Staff Requirements:
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• City Project Manager: review and approve the implementation plan, schedule the
presentation workshop, schedule and conduct the final acceptance meeting. Time allotted: 20
to 40 hours.
• City Management and Representatives. Time allotted: 2 hours per each member.
Deliverables:
• Implementation plan
• Presentation workshop
• Project closeout meeting
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 19 of 20
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EXHIBIT B
COMPENSATION SCHEDULE
Project Budget Summary
1 Project Initiation and Management
1.1 Project management and meetings 20 $ 3,700 $ 0 $ 3,700
1.2 Project financial and monthly reporting 8 $ 1,480 $ 0 $ 1,480
1 3 Kickoff meetinq and orientation 8 $ 1,480 $ 420 $ 1,900
Task 1 Total 36 $ 6,660 $ 420 $ 7,080
2 Needs Assessment
2.1 Onsite interviews 48 $ 9,120 $ 1,770 $10,890
2.2 Interview documentation 16 $ 3,080 $ 0 $ 3,080
2.3 Aggregate needs assessment report 20 $ 3,610 $ 0 $ 3,610
2.4 Review workshop 8 $ 1,560 $ 420 $ 1,980
Task 2 Total 92 $17,370 $ 2,190 $19,560
3 Implementation Planning
3.1 Define implementation components 28 $ 5,170 $ 0 $ 5,170
3.2 Implementation recommendations 18 $ 3,240 $ 0 $ 3,240
3 3 Workshop and presentation 8 $ 1,560 $ 420 $ 1,980
Task 3 Total 54 $ 9,970 $ 420 $10,390
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Project Total 182 $34,000 $ 3,030 $37,030
NOTE: ~
The "Travel Cost" is estimates not to exceed; there will be no mark-up on the reimbursable travel cost items.
Consulting Services Agreement between May 4, 2011
City of Dublin and Psomas Page 1 of 2Q
CITY OF Dl1~LIN ~ ~ ~ ~
FY 2010 - 2011 BUDGET CHANGE FORM ~
CHANGE FORM #
New Appropriations (City Councii Approval Required): Budget Transfers:
X From Unappropriated Reserves From Budgeted Contingent :Reserve
- . .. ~ (1001.1901-81101) '
Within Same Department Activity
~From New Revenues" Befinreen Departments (City Council Approval Reqd)
. Other
~~~F ' ~ ~~~- ~ ~
~ ,~,~D CR~$ ., Bi~~3~E1~1~CCt'3 N,T~~~ ~ ~'~~; ~~~-~-~
~ ~ ~~~AA~fOIlNT ..~,~. ' ~t~CREi4SE~BUD~E'F`~ACCQUN~.~~~~~
~. v~;~ ~~~A.MaUN ~ ~
~ Name: EXPENDITURE: General
Fund- Contract Services
Project # 930004.9200.9201.1001
GL Account #: 3300.9301.64001
$ 7,030
-
Transfer Out: Additional
GENERAL FUND #1001.1901.89101 $ 7,030
Transfer In:
GENERAL CIP: #3300.9301.49999 $ 7,030
ASD/Fin Mgr ~~
Date . ~ Za~~
Signature
REASON FOR BUDGET CHANGE ENTRY: The City solicited proposals for a Geographic
Information System Master Plan. A total of $30,000 was appropriated for the project. Based on the
recommended vendor an additional appropriation of $7,030 will be required to undertake the project.
City Manager:
Mayor:
Posted By:
G: IBadgei Chmrgesl3_2010_Il119_S-3-II_G/SMoslerplmzdoc
Date
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Signature ~
As approved at the City Council Meeting on: Date 5/3/2011
Date
Signature
Signature
Date
ATTACHMENT 2