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HomeMy WebLinkAboutBradshaw Consulting Services, Inc. Augusta Richmond GA DOCUMENT NAME: ~s-oW Ccf\~rg ~'(\} \C.es) \nc.. c\- ~CA, ~C1. DOCUMENT TYPE: Glj~:met\-\- YEAR: Dd BOX NUMBER: , "5 FILE NUMBER: \ La \ \ U. NUMBER OF PAGES: \~ CONSULTING SERVICES AGREEMENT Between Bradshaw Consulting Services, Inc. and Augusta, Georgia For the purchase of consulting services, software acquisition and licensing related to Internet Mapping THIS AGREEMENT, made and entered into this 2 day of ,~ ~ ,2002, by , and between the Augusta, Georgia, a duly organized and validly existing body politic of the State of Georgia, hereinafter sometimes referred to as "City", and Bradshaw Consulting Services Inc., a South Carolina corporation, whose address is 6160 Woodside Executive Ct., Aiken, South Carolina, 29803, hereinafter referred to as "BCS". WIlNESSETH: WHEREAS, City desires to contract with BCS for BCS to provide City with geographic information system consulting services, on all the terms and conditions as more particularly set out herein below; and WHEREAS, BCS desires to provide City with geographic information system consulting services, on the terms and conditions as more specifically set out herein below. NOW, THEREFORE, for and in consideration of the foregoing, and of other good and valuable consideration, th(~ adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Scope of Work A. BCS will provide the Parcel iMAP/CAMA product as defined in Appendix A for a price of $7,000. Maintenance of the product after the first year will be $1,500 per year and will include telephone based technical support and maintenance upgrades of the product as available. The product will be delivered within 180 days of execution of this agreement. B. The Crime iMAP product as described in Appendix A will be provided for a price of$5,000 plus $2,500 for integration of Augusta specific crime codes and geographic boundaries. C. The Crime Analysis Tools product as described in Appendix A will be provided to the City for a price of $695. This does not include training or installation of the software. BCS recommends a minimum or $1,000 (10 hrs.) be budgeted for installation and initial training of personnel to assure that data can be properly retrieved from the CAD and/or RMS for Page 1 of 1 import into the product. D. The Scope of Work shall include a maximum of Twenty Four (24) hours for installation and setup of SDE, instruction of Augusta personnel in procedures for data loading and customization of ArcIMS. This work will be performed by BCS at a rate of One Hundred and Twenty Five Dollars ($125) per hour not to exceed $3000. E. Consulting work other than as hereinafter provided, involving other applications or further modification of th,e existing product will be billed at a rate of One Hundred Dollars ($100). SDE and database consulting will be performed at a rate of One Hundred and Twenty Five Dollars ($125) pel' hour. F. Said Consulting Services shall be provided to City upon a schedule to be agreed upon between the parties hereto. G. Acceptance of Product: The City will accept the Scope of Work as complete when all items detailed in Appendix A have been completed to the satisfaction of the City Information Technology Staff. The City shall have no more than 14 working days from delivery and installation of all items described in Appendix A product to evaluate the completed product to validate quality and functionality. If no errors or problems indicated in this 14 - day time period remain unre:solved, then the Scope of Work will be considered satisfied for purposes of this contract. 2. Special Provisions A. The products created under this contract are the sole and exclusive property ofBCS. Upon delivery of the product to the City, the City will obtain a license to use the product on any City servers as necessary to serve the interest of the City. The product is covered under the BCS Software Lice:nsing Agreement (Appendix B) and all requirements of the BCS Software Licensing Agreeml~nt shall apply. All of the products delivered to the City are considered proprietary and shall be protected from disclosure to third parties. B. BCS may disclose to Customer information which it considers confidential and proprietary, including without limitation, documentation, plans, business and technical information, marketing and oth(~r materials, software and data ("Proprietary Information"). Customer shall keep the Proprietary Information in confidence, protect the Proprietary Information from disclosure to third parties and restrict its use as provided in this Agreement. Customer Page 2 of2 shall not copy Proprietary Information, in whole or in part, except as authorized by BCS in writing. Customer acknowledges that unauthorized disclosure of Proprietary Information may cause substantial economic loss to BCS and/or its vendors, suppliers and licensors and Customer is entitl,ed to obtain injunctive or other equitable relief in connection therewith. BCS acknowledges that this Agreement and certain documentation and information may be subjectto Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, etseq.). BCS shall cooperate fully in responding to such request and shall make all records, not exempt, available for inspection and copying as required by law. BCS shall clearly mark any information provided to Customer which it contends is Proprietary or constitutes a trade secret. BCS shall notify Customer immediately of any Open Records request arising out of this Agreement and shall provide Customer a copy of any response to same. C. BCS, at its own .expense, will defend and indemnify Customer against any claim for information under the Open Records Act which BCS claims is Proprietary or constitutes a trade secret and against third party claims that the BCS Software infringes a United States trademark or copyright protected under United States law, provided Customer (i) gives BCS prompt written notice of such claims, (ii) permits BCS to defend or settle the claims, and (iii) provides BCS all reasonable assistance in defending or settling the claims. D. The products Crime iMAP and Parcel iMAP included in Appendix A require ESRI ArcSDE to be installed on the City's server. Under the services section of Appendix A (01 & D2) BCS will provide services to the City to assist with the installation and configuration of the SDE. E. BCS is not responsible for the quality of data provided by the City and missing or incomplete data that is not displayed is the responsibility of the City to correct. 3. Term of Agreement This Agreement shall commence on the date of execution and shall continue until the completion of the Scope of Work, as set out above, unless earlier terminated by the parties hereto as elsewhere set out herein. 4. Termination of Agreement Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Termination of this Agreement shall not relieve either party of any obligation incurred one to the Page 3 of3 other prior to said termination. Specifically, City agrees to pay BCS for all work performed satisfactorily hereundl~r through the date of said termination. 5. Comoensation Compensation shall be as described in the Scope of Work above, and shall cover product, product modules, customization/modification, travel, and any other incidental expenses as described in Appendix C - Cost Schedule. BCS shall submit monthly reports for work done to City's GIS Project Leader by the seventh day of the month following the month in which such services are provided. The total amount as described in Appendix C will be invoiced when Augusta accepts the project as finished based on completion of the tasks in Appendix A - "System Requirements" under the conditions described in section 1 G of this document. The invoice shall referenc:e the contract number, and shall be accompanied by any reasonably required supporting materials and/or data. City shall reimburse BCS for this invoice within 30 days of receipt of thl~ invoice, provided same has been reviewed and approved by the IT Application Manager. 6. Indeoendent Contractor BCS shall at all times be considered an independent contractor hereunder, and neither BCS nor its employees, agents or representatives shall, under any circumstances, be considered employees of City; and City shall not be legally responsible for negligence or other wrong-doing, either intentional or unintentional, by BCS or BCS' s employees, agents or representatives. City shall not deduct from payment to BCS any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to BCS. Further, City shall not provide to BCS any insurance coverage or other benefits, including Worker's Compensation, normally provided by City for City's employees. 7. Insurance A. BCS shall procure and maintain insurance for the duration of this Agreement against any and all claims for injuries to persons or damages to property which may in any way arise from, or in connection with, the performance of the work hereunder by BCS, its agents, representatives or c~mployees. B. BCS shall maintain Worker's Compensation Insurance for all ofBCS's employees who are in any way connected with the performance under this Agreement. Such insurance shall Page 4 of4 comply with all applicable state laws and provide a waiver of subrogation against the City, its officers, officials, agents and employees. C. BCS and/or its insurers are responsible for payment of any liability arising out of Worker's Compensation, unemployment or employee benefits offered to its employees. 8. Notices All notices required hf:reunder shall be in writing and shall be deemed to have been du1y given if either hand delivered, mailed by certified or registered mail, postage prepaid, addressed to the party to whom intended at the address provided below or at such other address as such party shall hereinafter designate to the other party in writing, or sent by verified telefacsimile transmission: City: Augusta Richmond County 530 Greene Street Annex 101 Augusta, Georgia 30911 Attention: IT Director Fax No. 706-821-2530 BCS: Bradshaw Consu1ting Services Inc. 6160 Woodside Executive Ct. PUken,S.C.29803 Fax. No. 803-641-1919 9. Assignment The rights and obligations herein shall not be assigned by either party, in whole or in part, without the prior written consent of the other party. 10. Entire Agreement This Agreement constitutes the entire agreement between the parties hereto and may not be modified or amended f:xcept in writing signed by both parties hereto. In the case of any conflict between the terms and conditions of this Agreement and the terms of any other agreement between the parties hereto, the terms of this Agreement shall control. 11. Severability If any part or provision of this Agreement is held invalid or unenforceable under applicable law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining parts and provisions of this Agreement. 12. Nonwaiver The waiver by City or BCS of a breach of this Agreement shall not operate as a waiver of any subsequent breach, and no delay in acting with regard to any breach of this Agreement shall be Page 5 of5 construed to be a waiver of the breach. 13. Governing Law This Agreement and the rights, obligations and remedies of the parties hereto, shall in all respects be governed by and construed in accordance with the laws of the State of Georgia. 14. Disputes In the event of a dispute arising out of or relating to this Contract, the parties shall attempt to settle the matter amicably at the working level. Where the parties are unable to resolve the dispute, either party m.ay by Notice setting out the particulars of the dispute, refer the matter to the senior management of the parties. If senior management cannot resolve the dispute within thirty (30) days of the Notice of Dispute either party shall have the right to bring action in the Superior Court of Richmond County, Georgia. Seller, by execution of the Contract, specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia. 15. Performance Bond In lieu of a performance bond, BCS will bill Augusta upon the city's acceptance of the product as indicated in Schedule C. Page 6 of6 16. Successors and Assisms The rights and obligati.ons herein shall inure to and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Agreement on the date first above written. Accepted By: A:GUSTA'~l ~ (Authorized Si~) Lf Name: Bob Young Title: Mayor Attest: Name: Lena Bonner Title: Clerk Date: dtf/J;dll; /-/,:IJ, \f\!,.idY BRADSHAW C NS L TING SERVICES INC. Jl6\~ By: Title: Date: f1'AtLv4 ~~Lf:4fu~ ( 5~ 7-0;;' Attest: Page 7 of7 Appendix A - System Requirements Note on System Requirements: Because of the fluid nature of technology and potential improvements that will occur during the course of this project, all requirements described below are subject to amendment provided that BCS and Augusta agree that the change is acceptable. Changes shall be noted in the "Status" column of this document. Item# Requirement Status Status Date A. Entrv into MaDDina System A1 Links on County Main Page will open disclaimer Augusta IT will 3/8/02 page. There should be several links/buttons on this do this pace to Tax Data, GIS MaDS, Real Estate Maps etc. A2 Disclairrer page will have general GIS info plus Augusta IT will 3/8/02 disclaimer. One page instead of the two that we do this have now. A3 When the user agrees to the disclaimer the web site opens up to a choice page with just a city logo and/or a jpg picture of Richmond County. On this page would be the list of selections/modules: Parcel Search, Crime Mapping (intranet only). See Form 1 B. Parcel iMaD / Parc(~1 Search Module B1 The parc:el search will be built on the BCS Parcel iMap product, with the customizations and/or features described in section B of these system requirements. B2 Appearance: Title should read: "Richmond County Real Estate Property Search", with Augusta logo in the upper left-hand corner. Colors will be green and aold, the colors of Auausta's flaa. B3 Search c:riteria should be identified in the upper left of the screen, with separate buttons for "Search by PIN", "SE!arch by Owner Name., and "Search by Address". 84 Examples of search criteria must be provided for each typl3 of search depending on the user's selection. B5 Query by street address must refer to the actual physical location of the property, NOT a mailing address. B6 Owner name shall be in "last name first" format. B7 The parc:el number query shall be able to interpret dashes SiO that parcel number can be entered in as "123-4-5157-89-0. format regardless of the format of the field in the database. B8 All queriE!S must function in lower or upper case. B9 Street address query must be able to accept a road type (RD, ST, CT, etc.) as part of the query. B10 Results of the Query must be displayed so that the user can choose one parcel if multiple ones are located. Search results should be displayed in a separatl~ pop-up window. Results list should have Name, elddress, and pin# . Pin#'s to be formatted with dashes. 811 Once thla correct parcel is identified, resultant parcel data must be presented in a separate browser window that is suitable for printing. The current "tabbed" format on the Augusta site is acceptable. Currently displayed fields are acceptable, but Augusta reserves the right to add or delete prior to oroduct imolementation. 812 The system should take advantage of frames so that maps, query boxes, legends, layers lists, and the user interface are separated in order to facilitate easy navigation. 813 A negative search for data must result in a message saying that no records have been found. 814 Map should occupy as much screen space as oossible. 815 When a parcel is selected from the results, basic information should be displayed as follows: Owner Name, property address, mailing address, Exemption Code, Lot size, Improvement Sq. Ft, Year 8uilt, Room Count, total real estate value, Legal (lot/block/subdivision), voting precinct, school district, F~ichmond County Commission District, GA House and Senate district, and Congressional District. 816 When selected from the result list, the parcel should be displayed in the center of the screen with at least 200 feet i3round the parcel boundary. 817 Textual information displayed on tabbed pages should helVe vague results displayed as understandable values. For example, if Topography is "A", in the WinGAP data, then it should be displayed as "rolling", or "mountainous" as appropriate. 818 If the user desires to view a neighboring parcel, they should bE! able to click on it without having to select a pointer or altering the layer. The result of this action will be the same information displayed as if the parcel had been selected via a search. 819 Capability for zooming in, zooming out, zooming to a window or box, panning, identifying, printing, and zooming to full extent must be available. 820 Screens for legends and layer control should be oop-ups in order to maximize map space. 821 Reporting: The application must be able to provide and 8.5x11 hard copy map with legend and north arrow. The application must also be able to produce eln 8.5x11 hard COpy "Simulated Property 2 Card." This card must include the following - a) small m.3p of property; b) property address; c) owner name and address; d) values of land and improvements; e) topographical and utility information; f) ALL improvements to the property; g) ALL salEtS of the property. Extending this to over one page requires advance approval of Augusta IT. Augusta reserves the right to add or delete fields to this prior to product implementation. B22 All tabbed pages of results should be printable on 8.5 x 11 paper, not as a screen shot, but formatted as An HTML document (or any other accepted format - to be approved in advance bv AUQusta IT. B23 BCS shelll develop an interface or procedure to facilitate the use of data from the Richmond County's Tax Assessor Office (TAO) that will pull and manipulate data from the current WinGAP system in order to achieve the results described above. (See "Section 0 - Data" for detailed information on this subject). B24 Parcel dimension text must be available as an option for displav via SDE C. Crime iMap C1 BCS shall provide Augusta with its Crime iMap software and setup services concurrent with this product. C2 BCS shall provide Augusta with one copy of the Crime Analysis package for use by the Richmond County Sheriffs Department. C3 All Crime iMap products shall be intranet only, with password protection to deny access to all unauthori,zed users. D. Services and SoftwClre 01 BCS shall assist Augusta with the installation and setup of ESRI SDE technology for use with the display of all layers involved in this project where SOE can enhance speed and user-friendliness. 02 BCS shall provide Augusta with Procedures/routines for converting coverages into SDE data. This would include a routine to copy and convert Win Gap and Arclnfo data on a routine basis. 03 BCS shall provide assistance in the use of ARCIMS software so that Augusta IT can make changes in the layers, view scales, and appearance of layers at AUQusta's convenience. E. Technical E1 The system must integrate with Augusta's existing network, server, and security configuration. Deviations will require advance approval from the IT staff. E2 The system should enable users to access data 3 through either of the two most widely available Internet browsers: Microsoft Internet Explorer and Netscape Navigator. The minimum version for IE should be 5.5 and the minimum for Netscape should be6.0. F.Data F1 The method for displaying this information is to use a local copy of the data to display information relating to the selected parcel - there will be no LIVE connection into the T AO WinGAP database. F2 The vendor will have to develop an interface that will use the TAO FoxPro DSF files (copied to the map sever) to obtain parcel data. F3 The vendor will define a method for copying data from one server to another if any special conversion is required on the part of Augusta GIS staff in order for the maps to work with the vendor's particular solution. F4 Conversion to other database products is acceptable, provided that no additional cost is incurred by the city to accomplish this. F5 The vendor shall supply Augusta with an interface or instructions that allow city GIS personnel to alter the data fields that are displayed. F6 The following information will be accessible through the application: General parcel information, Commercial Improvements, Residential Improvements, Sales, General Property Description, and Owner Information 4 Appendix B B~S NOTICE: This software and any related materials are subject to acceptance of the Bradshaw Consulting Services, Inc (BCS) Licensing Agreement. If you do not agree to the conditions of the License Agreement, you must return the software within sixty (60) days, in the original sealed envelope for a full refund. Licensing Agreement This is a license agreement and not an agreement for sale. This license agreement is between the end user (Licensee) and BCS and gives the Licensee certain limited rights to use the software and related materials including updates as provided by BCS. All rights not specifically granted in this agreement are reserved to BCS. The software and related materials are owned by BCS and are protected by US copyright laws and applicable international laws and treaties. Licensee may install and use one (I) copy of the software and related materials on a single computer unless specifically allowed by amendment to this license. Except as specifically authorized herein, the software may not be shared or used concurrently on different computers or tenninals. The use of software specifically designed for Internet or Intranet use is limited to operation on one (1) server but multiple users may access the application using browsers or others Internet viewing software. The number of internetlintranet computers or tenninals allowed to access the application shall not exceed the maximum number of allowable users described on the written invoice associated with the sale of said software. .'~ ~, :f\ Licensee shaH not copy, reproduce or redistribute copies of the software. Licensee shaH not reverse engineer, decompile or make any attempt to bypass the key codes, as applicable. Licensee shall not remove or modify any BCS trademark or proprietary rights notices. LieeRsee agrees t8 iAdetmlify, defeRd aAd Reid .DCS harmless a:8m aRY elaim, dllffiege, or liftbilitj, regardless of it; ftftt\:lfe ee basis, tRftt arises from LieeRsee's aGtiol1s, IGprG3cntatioft3 or 3tIblieeRse Iletivi~t-aFe- not iA accor.daAce ,,,itb tbe terms ot:.tb.is.asreement. The license granted by this agreement shall commence upon Licensee's receipt of the software and shaH continue until such time that (l) Licensee elects to discontinue the use of the software or (2) BCS tenninates this agreement for Licensee's material breach of this agreement. BCS warrants that this software is free from defects in materials and workmanship for a period of 12 months from the date of installation. Except for the above express limited warranty, the software and related materials are provided "As Is" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. BCS does not warrant that the operation of the software and related materials will be uninterrupted or error free. You assume the responsibility for selecting this software to achieve your intended results and for the use. and results obtained from the software. \ DtIfi:ng tfle wllffaR~' J:leriea, BCS's eAtire lia9i1i~' and rJ& LiceRE@e'g @x;~lygive reJRe~' gball be tbe I:etum of tbe()\, license fee.] psid for the seftwlH'e aA'" re.lated materiahi J i In no event shall BCS be liable to Licensee or any other claimant for costs of procurement of substitute goods, lost profits, lost sales or business expenditures, investments or commitments in connection with any business, loss of goodwill, or for any direct or indirect, special, incidental, or consequential damages arising out of this agreement or use of the software and related materials, however caused, on any theory of liability and whether or not BCS has been advised of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. No failure or delay by BCS in enforcing any right or remedy under this agreement shall be construed as a waiver of any future or other exercise of such right or remedy by BCS. Any conflict or inconsistency between the tenns of this agreement and any RFP, purchase order or other contractual item shall be resolved in favor of the tenns of this agreement. The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supercedes any previous agreements, understanding, and arrangements between the parties relating hereto and is effective, valid and binding upon the parties. Should it be found for any reason that any part of this license agreement is not enforceable, then let it be known that all remaining parts of this license agreement not therefore affected shall remain in fuH force. Copyright BCS 1998-2001. All Rights Reserved Appendix C - Price List Item Description Cost Parcel ArclMS based Parcel query, display and CAMA $7,000 iMAP/cAMA information viewer Crime iMAP ArclMS based Crime Intranet application $5,000 Crime iMAP Integration of Augusta specific crime codes and $2,500 Setup geographic boundaries Crime ArcGIS based crime pin mapping and query $695 Analysis application Tools (CAn CAT Training Installation and initial training of personnel to assure $1,000 that data can be properly retrieved from the CAD and/or RMS for import into the product SDE Install Installation and setup of SDE, instruction of Augusta $3,000 personnel in procedures for data loading and customization of ArcIMS. Maximum of 24 hrs. Maintenance First-Year Maintenance $0 Total $19,195 Other consulting work involving other applications or further modification of the existing product will be billed at a rate of One Hundred Dollars ($100). SDE and database consulting will be performed at a rate of One Hundred and Twenty Five Dollars ($125) per hour.