HomeMy WebLinkAboutBradshaw Consulting Services, Inc.
Augusta Richmond GA
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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
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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
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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
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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
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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
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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.
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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.
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By:
Title:
Date:
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Attest:
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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.
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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.