HomeMy WebLinkAboutAGENDA REPORT 2002 0116 CC REG ITEM 11DISM I /. D.
of NI r . %iCj�
C T T1': , AFF
MOORPARK CITY COUNCIL , r e.('.L�rn rY► o.� ui,^i� ��)_..__ _ .- __._..._
AGENDA REPORT
TO: Honorable City Council
PV. G �
FROM: Deborah S. Traffenstedt, ATOM /City Clerk and cJ�
Acting Director of Community Development
DATE: January 4, 2002 (CC Meeting of 1/16/02)
SUBJECT: Consider Authorizing City Manager to Approve a Professional
Services Agreement between the City of Moorpark and
California CD Creations, Inc., for the Scanning of City
Records to Digital /Electronic Image in the Questys Software
Format
BACKGROUND AND DISCUSSION
Currently the City Clerk's Department scans various City records
(including but not limited to City Council approved minutes,
resolutions, and ordinances and all recorded documents) into the
City's electronic imaging system (Questys software) for permanent
file retention. At the time of the 2001 -2002 Fiscal Year Budget
adoption, staff had proposed the scanning of all of the building
permit files as well as Planning Commission minutes and resolutions
into the City's electronic imaging system through the use of a
qualified consultant. The City Council approved the estimated funds
for this work with the adoption of the 2001 -2002 Fiscal Year Budget.
Staff subsequently researched qualified consultants and is proposing
that a Professional Services Agreement with California CD Creations,
Inc. be approved. This company is well qualified and has been
certified by Decision Management Company, the Questys software
provider, to scan the City records into the Questys software format.
The proposed draft Professional Services Agreement is attached to
this report.
Regarding building permit records, staff's intent is that all
existing building permit files (including paper copies of permits and
plan sheets and microfiche files) be scanned. A subsequent follow -up
action will need to be the establishment of a fee to be paid at the
time of building permit application that will cover the cost of
scanning all future building permit files.
STAFF RECOMMENDATION
Authorize the City Manager to approve the Agreement between the City
and California CD Creations, Inc.
Attachment: Draft Professional Services Agreement 0013306
PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF
MOORPARK AND CALIFORNIA CD CREATIONS SERVICES
THIS AGREEMENT, made and entered into this day of ,
2002, by and between the City of Moorpark, a municipal corporation
located in the County of Ventura, State of California, hereinafter
referred to as "CITY" and California CD Creations, Inc., a California
corporation, hereinafter referred to as "CONSULTANT ".
W I T N E S S E T H
WHEREAS, City has the need for qualified company to scan City
records to digital /electronic image in the Questys software format and
input the computer files directly into the Questys software; and
WHEREAS, City desires to contract for such services with a private
consultant in anticipation that said private consultant can provide such
services in a manner acceptable to the City; and
WHEREAS, Consultant is experienced in providing such services; has
the proper certifications and background to carry out the duties
involved; and has a partnership arrangement with Decision Management
Company, the Questys software provider.
NOW, THEREFORE, in consideration of the mutual covenants, benefits
and premises herein stated, the parties hereto agree as follows:
I. SERVICES
City does hereby retain Consultant in a contractual capacity, on an
as needed basis, to scan City records to digital /electronic image in the
Questys software format.
II. PERFORMANCE
Consultant shall at all times faithfully, competently and to the
best of his /her ability, experience, and talent, perform all tasks
described herein and as described in each separate work task
proposal submitted to City in compliance with this Agreement.
Consultant shall employ, at a minimum, generally accepted standards
and practices utilized by persons engaged in providing similar
services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
III. COSTS AND PAYMENT
Consultant shall provide City with a written cost quotation for each
specific work task requested by City to be completed by Consultant, and
shall not proceed until written approval is granted by the Assistant to
City Manager /City Clerk. The written price quote from Consultant for each
work task shall include the description of the records to be scanned, the
Professional Services Agreement between
City of Moorpark and California CD Creations, Inc. P�0307
quantity (may be an estimated quantity), unit cost (per page and /or plan
sheet), and any preparation cost for removal of staples and paperclips.
The written price quote shall also specifically identify whether document
pick up and delivery is included and the number of fields for indexing
that will be provided (three fields to be provided at no additional
cost). Payment by City to Consultant shall be in accordance with the
provisions of Article V, Paragraph J, of this Agreement.
The cost for scanning Planning Commission and Building Permit
records shall not exceed the unit cost amounts listed in Attachments 1
and 2 (Price Quotes) to this Agreement. Consultant herein agrees that
there will be no document pick up, delivery, or travel - related costs
associated with the Planning Commission and Building Permit scanning work
tasks referenced in Attachments 1 and 2 to this Agreement.
Where said Attachments 1 and 2 are modified by this Agreement, or
in the event there is a conflict between the provisions of said
Attachments and this Agreement, the language contained in this Agreement
shall take precedence.
IV. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended with or without cause
by City at any time with no less than ten (10) working days written
notice of such termination or suspension. Consultant may terminate this
Agreement only by providing City with written notice no less than thirty
(30) days in advance of such termination. In the event of such
termination or suspension, Consultant shall be compensated for services
completed up to the date of termination or suspension.
V. GENERAL CONDITIONS
A. City shall not be called upon to assume any liability for the
direct payment of any salary, wage or other compensation to any person
employed by Consultant performing services hereunder for City.
B. Consultant is, and shall at all times, remain as to City a
wholly independent contractor. Neither the City, nor any of its
officers, employees, servants or agents, shall have control over the
conduct of Consultant or of Consultants officers, employees or agents,
except as herein set forth. Consultant shall not at any time or in any
manner represent that it or any of its officers, employees or agents are
in any manner employees of City.
C. Within one week of: 1) termination of this Agreement, or 2)
conclusion of all work, all original City records in Consultant's
possession shall be delivered by Consultant to City.
D. Consultant shall be required to obtain the Assistant to City
Manager /City Clerk's written approval for each set of records to be taken
from City facilities to the Consultant's place of business for scanning
purposes, and shall provide the City Clerk with a written description of
the records to be taken, including number of pages and plan sheets.
Consultant agrees to return any City records to the Assistant to City
Professional Services Agreement between
City of Moorpark and California CD Creations, Inc. Page 2
000308
Manager /City Clerk within thirty -six hours of receipt of a written
request from the City Clerk's Department (includes any e -mail request).
City records shall not be kept at the Consultant's worksite for longer
than 30 days unless additional written authorization is received from the
Assistant to City Manager /City Clerk.
E. Consultant shall hold harmless, indemnify and defend City and
its officers, employees, servants and agents and independent contractors
who serve in the role of City Manager, Assistant City Manager, Assistant
to City Manager /City Clerk, Director of Community Development, City
Engineer, or City Attorney from any claim, demand, damage, liability,
loss, cost or expense, for any damage whatsoever, including but not
limited to death or injury to any person and injury to any property,
resulting from, or in any way connected with the performance of this
Agreement by Consultant or City, except such damage as is caused by the
sole negligence of City.
City does not, and shall not, waive any rights that it may
have against Consultant by reason of Paragraph E, hereof, because of the
acceptance by City, or the deposit with City, of any insurance policy or
certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply regardless or whether or not said
insurance policies are determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense described in Paragraph E hereof.
F. Consultant shall secure from a good and responsible company or
companies doing insurance business in the State of California, pay for,
and maintain in full force and effect for the duration of this Agreement
the policies of insurance required by this paragraph and shall furnish
to the City Clerk certificates of said insurance on or before the
commencement of the term of this Agreement. Notwithstanding any
inconsistent statement in any of said policies or any subsequent
endorsement attached thereto, the protection offered by the policies
shall be in conformance with the requirements set forth below:
1. Consultant agrees to insure CITY and its officers, employees,
servants and agents while acting within the scope of duties
under this Agreement against all claims arising out of, or in
connection with, this Agreement, including any claims by City
against Consultant for destruction or loss of original records
provided to Consultant for the purpose of scanning City
records to digital /electronic image in the Questys software
format.
2. Consultant shall provide Commercial General Liability
Insurance using Insurance Services Office "Commercial General
Liability" policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall
be no cross liability exclusion for claims or suits by one
insured against another. Limits are subject to review but in
no event less than $1,000,000 per occurrence.
3. Consultant agrees to have its insurer endorse the third party
general liability coverage required herein to include as
Professional Services Agreement between
City of Moorpark and California CD Creations, Inc. Page 3
0003+09
additional insureds CITY, its officials, employees and agents,
using standard ISO endorsement No. CG 2010 11 85.
4. Consultant agrees to provide Business Automobile Coverage on
ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto) or the exact equivalent. Limits are subject to
review, but in no event to be less than $1,000,000 per
accident. If CONTRACTOR owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the
general liability policy described above. If CONTRACTOR or
CONTRACTOR's employees will use personal automobiles in any
way in performance of this Agreement, CONTRACTOR shall provide
evidence of personal automobile liability coverage for each
such person.
5. Consultant shall comply with Section 3800 of the Labor Code by
securing, paying for, and maintaining in full force and effect
for the duration of this Agreement, complete Worker's
Compensation Insurance, and shall furnish a Certificate of
Insurance to CITY before execution of this Agreement by CITY.
The City and its officers, employees, servants, or agents,
shall not be responsible for any claims in law or equity
occasioned by failure of the Consultant to comply with this
section.
6. Consultant agrees that the insurance required by this
Agreement shall bear an endorsement or have attached a rider
whereby it is provided that, in the event of cancellation or
amendment of such policy for any reason whatsoever, City shall
be notified by mail, postage prepaid, not less than thirty
(30) days before the cancellation or amendment is effective.
Consultant shall give City thirty (30) days written notice
prior to the expiration of such policy.
G. Consultant shall provide evidence of a $1,000,000 bond, prior
to initiation of work under this Agreement, as surety for
destruction or loss of original City records provided to Consultant
for the purpose of scanning City records to digital /electronic image
in the Questys software format; or herein agrees to pay to City a
penalty fee of $1,000 per page or plan sheet for any City document
destroyed or lost by Consultant in the performance of the work
authorized by this Agreement, including transportation to and from
the Consultant's place of business.
H. Consultant shall not assign this Agreement, or any of the
rights, duties or obligations hereunder. It is understood and
acknowledged by the parties that Consultant is uniquely qualified to
perform the services provided for in this Agreement.
I. The language contained in this Agreement shall take precedence
over the language contained in any exhibit to this Agreement.
J. Payment to Consultant shall be made by City within thirty (30)
days of receipt of invoice for completed scanning work, if the invoice
is not contested or questioned by City. If City identifies a discrepancy
Professional Services Agreement between
City of Moorpark and California CD Creations, Inc. Page 4
000314
between the invoice amount and the work tasks or products completed, City
shall within fifteen (15) workdays of receipt of the invoice specify in
writing the discrepancy. Consultant shall then either: 1) provide support
materials to satisfy City stated discrepancy, or 2) revise the invoice
to reflect stated discrepancy. City shall then pay the revised or
documented invoice within thirty (30) days of such revision or
documentation. Each Consultant invoice must show details of work task
completed, including the description of the records scanned, the
quantity, unit cost (per page or plan sheet), any preparation cost for
removal of staples and paperclips, and any document pick up or delivery
charge, if applicable.
K. City shall have the right to audit and inspect all payment and
expense related books and records kept by Consultant and any
subcontractors in connection with the operation and services performed
under this Agreement. Notification of audit shall be provided at least
30 days before any such audit is conducted.
L. Any notice to be given pursuant to this Agreement shall be in
writing, and all such notices and any other document to be delivered
shall be delivered by personal service or by deposit in the United States
mail, certified or registered, return receipt requested, with postage
prepaid, and addressed to the party for whom intended as follows:
To: City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Michael Friedman
California CD Imaging Center
14125 Telephone Ave. No. 14
Chino, CA 91710
Either party may, from time to time, by written notice to the
other, designate a different address or contact person, which shall be
substituted for the one above specified. Notices, payments and other
documents shall be deemed delivered upon receipt by personal service or
as of the second (2nd) day after deposit in the United States mail.
M. Nothing contained in this Agreement shall be deemed, construed
or represented by City or Consultant or by any third person to create the
relationship of principal or agent, or of a partnership, or of a joint
venture, or of any other association of any kind or nature between City
and Consultant.
N. This Agreement constitutes the entire agreement of the parties
concerning the subject matter hereof and all prior agreements or
understanding, oral or written, are hereby merged herein. This Agreement
shall not be amended in any way except by a writing expressly purporting
to be such an amendment, signed and acknowledged by both of the parties
hereto.
O. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement was prepared by
Professional Services Agreement between
City of Moorpark and California CD Creations, Inc. Page 0315
the parties jointly and equally, and shall not be interpreted against
either party on the ground that the party prepared the Agreement or
caused it to be prepared.
P. No waiver of any provisions of this Agreement shall be deemed,
or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any such waiver constitute a continuing or subsequent
waiver of the same provisions. No waiver shall be binding, unless
executed in writing by the party making the waiver.
Q. In the event any action, suit or proceeding is brought for the
enforcement of, or the declaration of any right or obligation pursuant
to this Agreement or as a result of any alleged breach of any provision
of this Agreement, the prevailing party shall be entitled to recover its
costs and expenses, including reasonable attorney's fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall
include an award thereof.
R. Cases involving a dispute between City and Consultant may be
decided by an arbitrator if both sides agree in writing, with costs
proportional to the judgment of the arbitrator.
S. This Agreement is made, entered into, and executed in Ventura
County, California, and any action filed in any court or for arbitration
for the interpretation, enforcement or other action of the terms,
conditions or covenants referred to herein shall be filed in the
applicable court in Ventura County, California.
T. The captions and headings of the various Articles, Paragraphs,
and Attachments of this Agreement are for convenience and identification
only and shall not be deemed to limit or define the content of the
respective Articles, Paragraphs, and Attachments hereof.
VI. RESPONSIBLE INDIVIDUAL
The individual directly responsible for Consultant overall
performance of the Agreement provisions herein above set forth and to
serve as principal liaison between City and Consultant shall be Michael
Friedman and no other individual may be substituted.
The City's contact person in charge of administration of this
Agreement, and to serve as principal liaison between Consultant and City,
shall be the Assistant to City Manager /City Clerk.
Professional Services Agreement between
City of Moorpark and California CD Creations, Inc. Page 6
00031.;
VII. IMPLEMENTATION
City shall provide Consultant with written notice in advance of the
date at which these services are to be implemented.
CITY OF MOORPARK:
Steven Kueny
City Manager
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments:
CALIFORNIA CD CREATIONS, INC.:
Michael Friedman
President
1. Price Quote dated April 6, 2001, for Building Permit Records
2. Price Quote dated August 20, 2001, for Planning Commission Records
Professional Services Agreement between
City of Moorpark and California CD Creations, Inc. Page 7
000 313
FROM : Calif'oria CD Imaging Center FAX NO. : 909 364 0862 Apr. 06 2001 08:56AM P1
14125 Telephone Ave.. #14 Chino, CA 91710
(909) 590 -9842 fax (909) 364 -0862
CALIFORNIA
IMAGING
C E N T E R
Fax
To: Deborah Traffenstedt / Blanca Garza From: Michael Friedman
Fam 805 - 529 -8270 Pages: 2
Phone: 805- 517 -6213 Date: 04/06/01
Re: Scanning quote to Questys CC:
0 Urgent ❑ For Review Q Please Comment ❑ Please Reply ❑ Please Recycle
• Comments: If you have any problems receiving or viewing this fax, please call (909) 590-9842.
000314
FROM : Califoria CD Imaging Center FAX NO. : 909 364 0862 Apr. 06 2001 08:57AM P2
CALIF0 R NI A
I M A G I N C=
C: E N T F:. R.
April 6, 2001
14125 Telephone Ave., #14 Chino, CA 91710 (909) 590 -9842 fax (909) 364.0862
Scanning Price Quote
The following is a price quote to scan the Building Planning Dept. records to digital image IN the
Questys format. We will provide up to three fields for indexing with these prices. There will be a per
page (image) cost and then multiplied by an estimated total page count If the city has a more exact
count for pages, they may use our per page cost to figure out a more exact estimated total cost for the
conversion.
The quote is broken down into three categories: maps, permits and microfiche conversion.
Cost Breakdown
Quantity
`Description
Unit Cost
Total Cost
150,000
Permits scanned
$0.11
$16,500.00
150,000
permits prepped
$0 -01
$1,500.00
25,000
Maps scanned
$1 -38
$34,500.00
6,0001
microfiche images converted
$0.18
$1,080.00
12
CDs
$30 -00
$360.00
_ subtotal
$53,940.00
tax
$25.20
w T
Estimated Total
$53,965.20
The price includes document pick up and delivery. The prep charge is for removing staples, paperclips,
etc... Again, please remember that these are estimated page counts and the actual page count may
vary. You will be charged only for actual number of pages (images) converted.
Price quote valid for 90 days.
Michael Friedman
President
0003:1S
CAI,IFORNIA
14125 Telephone Ave., #14 Chino. CA 91710 (909) 590 -9842 fax (909) 364.0862
I 1`1 A G [ N G
C E N I' 4_; R
August 20, 2001
Quote for Questys Scanning
This quote is to scan the minutes and resolutions in the books to digital image to be
used in Questys. We will scan the documents, create the Questys bibliographies and
store them on CD for transfer and back up.
We estimate 60 books at 200 pages per book. That's 12,000 pages. One to two CDs.
Quantity Description Amount Total
12,000 pages scanned
2 CDs
$0.08 $960.00
$30.00 $60.00
tax $4.20
TOTAL $1,024.20
This estimate is for us to pick up the documents and scan them at our facility. We
estimate it to take 5 days.
Some options are: OCR
On -site scanning
If you have any questions, please feel free to call.
Sincerely,
Michael Friedman
President
$0.05 per page
$125 per day, per machine (estimated on-
site scanning time - 10 days)
ATTACHM ENT
006316