HomeMy WebLinkAboutC37120 - Conversion of Microfiche Bldg Dept Records CONTRACT NO. C37120
STAFF REPORT
CITY OF PALM DESERT
BUILDING AND SAFETY
MEETING DATE: June 14, 2018
PREPARED BY: Jason K. Finley, Supervising Plans Examiner
REQUEST: Award Contract No. C 37120 for the conversion of microfiche
building department records to ViaTRON Systems Inc., Los Angeles in
the amount not to exceed $58,916.
Recommendation
By Minute Motion:
1. Award Contract No. C 37120 for the conversion of microfiche building
department records to ViaTRON Systems Inc., Los Angeles in the amount not to
exceed $58,916: and
2. Authorize the Mayor to execute the contract.
3. Funds are available in General Fund Account No. 1104420-4361000, as set
forth in the FY 2017-2018 and FY 2018-2019 budgets. This is a two (2)-phase
microfiche conversion project.
Strategic Plan
Economic Development Priority No. 4: Expand and raise awareness of business-friendly
services in order to retain and attract businesses.
Action Steps: Streamline permit process. Palm Desert's Building and Safety
Department will review the City's permit processing for comparisons with other
California cities.
This project streamlines and makes accessible microfiche records from an outdated
media format to a digital format, similar to other California cities and counties. Once
completed, this project significantly reduces research time for the public, real estate
professionals, the insurance industry, architectural and engineering professionals, and
City staff who utilize our historical records for building design. This project also prepares
the City to offer these documents online, when ready.
June 14, 2018 - Staff Report
Microfiche Conversion Services
Page 2 of 3
Executive Summary
From incorporation to 2000, the Department of Building and Safety archived all closed
building permits, documents, and plans onto a microfiche media format for storage and
retention.
These original microfiche records are deteriorating and are not an effective way to store
and research records. The conversion of these records will allow the City to provide all
records digitally and prepare the Department to make these records accessible for online
research. This project is a two (2)-phase project to start before July 1, 2017, and to be
completed by June 30, 2019.
Background Analysis
On January 31, 2018, The Department of Building and Safety prepared and advertised a
new Request for Proposals (RFP) to convert existing microfiche records into an electronic
storage format. The Department received thirteen (13) sealed proposals. An internal
committee evaluated the thirteen (13) proposals with costs ranging from $19,585 to
$115,190, with an average cost of$60,483. The internal committee selected the top three
(3) proposals and requested a sample of their image quality. ViaTRON Systems Inc. was
the top-ranked firm based upon the image quality, customer service, and accessibility as
they are a southern California based company. No local vendors, if any, responded to
our Request for Proposals (RFP).
Consultant Location Base Price
ImageNet Lake Forest, California $19,385
Digital Archive Tech Torrance, California $19,585
Perfect Image Scanning Kirkland, Washington $29,463
I Layton Document Serv. Marietta, Georgia $31,501
Crowley Company Frederick, Maryland $42,881
ViaTRON Los Angeles, California $58,916
FNTI San Jose, California $67,407
OmniPRO Chino, California $68,224
_Matrix Imaging Lake Forest, California $71,485
Raycom Data Tech. El Segundo, California $73,008
Konica Minolta Ramsey, New Jersey $82,325
Scanning Serv. Corp. Fontana, California $106,912
CMM Document Serv. Indianapolis, Indiana $115,190
The internal evaluation committee recommends awarding the contract to ViaTRON based
on the quality of their proposal, their hands-on customer service, and image quality.
ViaTRON also services the cities of La Quinta and Indian Wells and are familiar with local
jurisdictions protocol and archiving software.
June 14, 2018 - Staff Report
Microfiche Conversion Services
Page 3 of 3
Fiscal Analysis
The current scanning industry methods for estimating conversion fees are based on the
number of microfiche records per inch calculated by the total inches on microfiche
records.
Based on pre-proposal meetings, ViaTRON has estimated $58,916 to complete this
project. Once all microfiche are inventoried and cataloged, additional funds may be
necessary to complete the project due to the discovery of additional records.
Funds are available in FY Budget 2017-18 ($50,000), and an additional ($50,000) will be
available in FY Budget 2018-19 in Account No. 1 1 04420-4361 000, for a cumulative
phased total of$100,000, to complete this project.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
Robert W. Hargreaves Russell A. Grance -! Janet Moore Lauri Aylaian
City Attorney Director of Building & Director of Finance City Manager
Safety
ATTACHMENTS: Agreement
Consultant's Proposal
RFP
Contract No. C3712Q
AGREEMENT FOR MICROFICHE CONVERSION SERVICES
THIS AGREEMENT for microfiche conversion services is made and entered into
in the City of Palm Desert on this day of , by and between the CITY OF
PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and ViaTRON
SYSTEMS, INC., hereinafter referred to as CONSULTANT. (The term contractor includes
professionals performing in a consulting capacity.)
WITNESSETH:
WHEREAS, on January 17, 2018, CITY requested for proposals from companies
to procure a contract for services from a qualified Consultant to convert existing
microfiche records into an electronic digital storage format of the highest quality.
WHEREAS, pursuant to said invitation, CONSULTANT submitted a proposal,
which was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) TERM. The term of this Agreement shall be phased into two (2) fiscal years
from June 14, 2017 (FY17/18) through June 30, 2019 (FY18/19).
(2) NOTICES. Consultant shall deliver all notices and other writings required
to be delivered under the Agreement to City at the address set forth in
"General Provisions". The City shall deliver all notices and other writing
required to be delivered to contractor at the address set forth following
consultant's signature below.
(3) ATTACHMENTS.
This Agreement incorporates by reference the following attachments to this
Agreement:
I. General Provisions
II. Scope of Service
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Contract No. C37120
(4) INTEGRATION.
This Agreement represents the entire understanding of City and Consultant
as to those matters contained herein. No prior oral or written understanding
shall be of any force or effect with regard to those matters covered by this
Agreement. This Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any,
between the parties, and none shall be used to interpret this Agreement.
(5) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONSULTANT
do covenant that each individual executing this Agreement on behalf of
each party is a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT ViaTRON SYSTEMS, INC.
A Municipal Corporation
SABBY JONATHON, MAYOR CONSULTANT
(Signature must be notarized)
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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I. GENERAL PROVISIONS
SECTION ONE: SERVICES OF CONSULTANT
1.1 Scope of Services: In compliance with all terms and conditions of this
Agreement, Consultant shall provide the goods and/or services shown on Part
II hereto (Scope of Services), which may be referred to herein as the "services"
or the "work". If this Agreement is for the provision of goods, supplies,
equipment or personal property, the terms "services" and "work" shall include
the provision (and, if designated in the Scope of Services, the installation) of
such goods, supplies, equipment or personal property.
1.2Changes and Additions to Scope of Services: City shall have the right at
any time during the performance of the services, without invalidating this
Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to, or deducting from said work. No such
work shall be undertaken unless a written order is first given by City to
Consultant, incorporating therein any adjustment in (I) the Budget, and/or (ii)
the time to perform this Agreement, which adjustments are subject to the
written approval of the Consultant. It is expressly understood by Consultant that
the provisions of this Section 1.2 shall not apply to services specifically set forth
in the Scope of Services or reasonably contemplated therein. Consultant
hereby acknowledges that is accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional
compensation therefore.
1.3Standard of Performance: Consultant agrees that all services shall be
performed in a competent, professional, and satisfactory manner in accordance
with the standards prevalent in the industry, and that all goods, materials,
equipment or personal property included within the services herein shall be of
good quality, fit for the purpose intended.
1.4Performance to Satisfaction of City: Consultant agrees to perform all work
to the satisfaction of City within the time specified. If City reasonably determines
that the work is not satisfactory, City shall have the right to take appropriate
action, including but not limited to: (I) meeting with Consultant to review the
quality of the work and resolve matters of concern; (ii) requiring Consultant to
repeat unsatisfactory work at no additional charge until it is satisfactory; (iii)
suspending the delivery of work to Consultant for an indefinite time; (iv)
withholding payment; and (v) terminating this Agreement as hereinafter set
forth.
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1.5 Instructions from City: In the performance of this Agreement, Consultant shall
report and receive instructions from the City's Representative designated in this
Agreement. Tasks or services other than specifically described in the Scope
of Services shall not be performed without the prior written approval of the
City's representative. In all cases where staff are provided to City to perform
any part of the Scope of Services, each and every qualified person from
Consultant providing such services will be required to be reviewed and certified
for such service in writing by the City's representative prior to beginning service.
1.6 Familiarity with Work: By executing this Agreement, Consultant warrants that
Consultant(i) has thoroughly investigated and considered the scope of services
to be performed, (ii) has carefully considered how the services should be
performed, and (iii) fully understands the facilities, difficulties, and restrictions
attending performance of the services under the Agreement.
If the services involve work upon any site, Consultant warrants that Consultant
has or will investigate the site and is or will be fully acquainted with the
conditions there existing, prior to commencement of services hereunder.
Should the Consultant discover any conditions, including any latent or unknown
conditions, which will materially affect the performance of the services
hereunder, Consultant shall immediately inform the City of such fact and shall
not proceed except at Consultant's risk until written instructions are received
from the City's Representative.
1.7Prohibition Against Subcontracting of Assignment: Consultant shall not
contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of City. In addition, neither the
Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City.
In the event of any unapproved transfer, including any bankruptcy proceeding,
City may void the Agreement at City's option in its sole and absolute discretion.
No approved transfer shall release any surety of Consultant of any liability
hereunder without the express consent of City.
1.8Compensation: Contractor shall be compensated as follows:
With the exception of compensation for Changes and Additions to Scope of
Services, provided for in Section 1.2 of this agreement, the maximum total
compensation to be paid to the Contracting Party under this agreement is Fifty
Eight Thousand, Nine-Hundred and Sixteen Dollars, ($58,916)("Contract
Sum"). The Contract Sum shall be paid to Contracting Party in installment
payments made on a monthly basis and in an amount identified in Contracting
Party's schedule of compensation attached hereto for the work tasks performed
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and properly invoiced by Contracting Party in conformance with Section 1.2 of
this Agreement.
SECTION TWO: INSURANCE AND INDEMNIFICATION
2.1 Consultant shall not commence work under this Agreement until it has provided
evidence satisfactory to the City that it has secured all insurance required under
this section. In addition, Consultant shall not allow any subconsultant to
commence work on any subcontract until it has provided evidence satisfactory
to the City that the subconsultant has secured all insurance required under this
section.
Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City.
2.2General Liability insurance: Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability. Defense costs
shall be paid in addition to the limits. The policy shall contain no endorsements
or provisions limiting coverage for (1) contractual liability; (2) cross liability
exclusion for claims or suits by one insured against another; or (3) contain any
other exclusion contrary to the Agreement.
2.3Automobile Liability Insurance: Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non-owned or rented vehicles, in an
amount not less than $1,000,000 combined single limit for each accident.
2.4Professional Liability (Errors & Omissions) Insurance: Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
$1,000,000 per claim and in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the effective date of this agreement
and Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the services required by this
agreement. Covered professional services shall specifically include all work to
be performed under the Agreement and delete any exclusions that may
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Contract No. C37120
potentially affect the work to be performed (for example, any exclusions relating
to lead, asbestos, pollution, testing, underground storage tanks, laboratory
analysis, soil work, etc.). If coverage is written on a claims-made basis, the
retroactive date shall precede the effective date of the initial Agreement and
continuous coverage will be maintained or an extended reporting period will be
exercised for a period of at least three (3) years from termination or expiration
of this Agreement.
2.5Cyber Liability Insurance. Contractor shall procure and maintain Cyber
Liability insurance with limits of $1,000,000 per occurrence/loss which shall
include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination or use of the
confidential information.
b. Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property
rights.
e. Liability arising from the failure to render professional services
If coverage is maintained on a claims-made basis, Contractor shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
2.6Workers' Compensation Insurance: Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with
the certificate of insurance, a Waiver of Subrogation endorsement in favor of
the City of Palm Desert, its officers, agents, employees and volunteers.
2.7Insurance for Subconsultants: All Subconsultants shall be included as
additional insured's under the Consultant's policies, or the Consultant shall be
responsible for causing Subconsultants to purchase the appropriate insurance
in compliance with the terms of these Insurance Requirements, including
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Contract No. C37120
adding the City as an Additional Insured to the Subconsultant's policies.
Consultant shall provide to City satisfactory evidence as required under
Insurance Section of this Agreement.
2.8 Proof of Insurance: Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. Current certification of insurance shall be kept on file
with City at all times during the term of this contract. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
2.9 Duration of Coverage: Consultant shall procure and maintain for the duration
of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the
Work hereunder by Consultant, his agents, representatives, employees or
subconsultants.
2.10 City's Rights of Enforcement: In the event any policy of insurance
required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by City will be promptly
reimbursed by Consultant or City will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, City may cancel this
Agreement.
2.11 Acceptable Insurers: All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
2.12 Waiver of Subrogation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against the
City of Palm Desert, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow Consultant or others
providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against the City of Palm Desert, and shall require similar written
express waivers and insurance clauses from each of its subconsultants.
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Contract No. C37120
2.13 Enforcement of Contract Provisions (Non Estoppel): Consultant
acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Consultant of non-compliance with any requirement imposes no
additional obligations on the City nor does it waive any rights hereunder.
2.14 Primary and Non-Contributing Insurance: All insurance coverage's shall
be primary and any other insurance, deductible, or self-insurance maintained
by the indemnified parties shall not contribute with this primary insurance.
Policies shall contain or be endorsed to contain such provisions.
2.15 Requirements Not Limiting: Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
2.16 Notice of Cancellation: Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or
nonrenewal of coverage for each required coverage.
2.17 Additional Insured Status: General liability, Automobile Liability, and if
applicable, Pollution Liability, policies shall provide or be endorsed to provide
that the City of Palm Desert and its officers, officials, employees, and agents
shall be additional insured's with regard to liability and defense of suits or
claims arising out of the performance of the Agreement, under such policies.
This provision shall also apply to any excess liability policies.
2.18 City's Right to Revise Specifications: The City reserves the right at any
time during the term of the contract to change the amounts and types of
insurance required by giving the Consultant ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to
the Consultant, the City and Consultant may renegotiate Consultant's
compensation.
2.19 Self-Insured Retentions: Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance
will not be considered to comply with these specifications unless approved by
City.
2.20 Timely Notice of Claims: Consultant shall give City prompt and timely
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Contract No. C37120
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies.
2.21 Safety: Consultant shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and
federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions,
where applicable, shall include, but shall not be limited to: (A) adequate life
protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subconsultants, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined
space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
2.22 Additional Insurance: Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
SECTION THREE: LEGAL RELATIONS AND RESPONSIBILITIES
3.1 Compliance with Laws: Consultant shall keep itself fully informed of all
existing and future state and federal laws and all county and city ordinances
and regulations which in any manner affect those employed by or it or in any
way affect the performance of services pursuant to this Agreement. Consultant
shall at all times observe and comply with all such laws, ordinances, and
regulations and shall be responsible for the compliance of all work and services
performed by or on behalf of Consultant. When applicable, Consultant shall not
pay less than the prevailing wage, which rate is determined by the Director of
Industrial Relations of the State of California.
3.2 Licenses, Permits, Fees, and Assessments: Consultant shall obtain at its
sole cost and expenses all licenses, permits, and approvals that may be
required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for Consultant's performance of the services
required by this Agreement, and shall indemnify, defend, and hold harmless
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City against any such fees, assessments, taxes, penalties, or interest levied,
assessed, or imposed against City thereunder.
3.3Covenant Against Discrimination: Consultant covenants for itself, its heirs,
executors, assigns, and all persons claiming under or through it, that there shall
be no discrimination against any person on account or race, color, creed,
religion, sex, marital status, national origin, or ancestry, in the performance of
this Agreement. Consultant further covenants and agrees to comply with the
terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.)
as the same may be amended from time to time.
3.4lndependent Consultant: Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to
City a wholly independent contractor. City shall not in any way or for any
purpose become or be deemed to be a partner of Consultant in its business or
otherwise, or a joint venture, or a member of any joint enterprise with
Consultant. Consultant shall not at any time or in any manner represent that it
or any of its agents or employees are agents or employees of City. Neither
Consultant nor any of Consultant's employees shall, at any time, or in any way,
be entitled to any sick leave, vacation, retirement, or other fringe benefits from
the City; and neither Consultant nor any of its employees shall be paid by City
time and one-half for working in excess of forth (40) hours in any one week.
City is under no obligation to withhold State and Federal tax deductions from
Consultant's compensation. Neither Contractor nor any of Consultant's
employees shall be included in the competitive service, have any property right
to any position, or any of the rights an employee may have in the event of
termination of this Agreement.
3.5 Use of Patented Materials: Consultant shall assume all costs arising from the
use of patented or copyrighted materials, including but not limited to equipment,
devices, processes, and software programs, used or incorporated in the
services or work performed by Consultant under this Agreement. Consultant
shall indemnify, defend, and save the City harmless from any and all suits,
actions or proceedings of every nature for or on account of the use of any
patented or copyrighted materials.
3.6 Proprietary Information: All proprietary information developed specifically for
City by Consultant in connection with, or resulting from, this Agreement,
including but not limited to inventions, discoveries, improvements, copyrights,
patents, maps, reports, textual material, or software programs, but not including
Consultant's underlying materials, software, or know-how, shall be the sole and
exclusive property of City, and are confidential and shall not be made available
to any person or entity without the prior written approval of City. Consultant
agrees that the compensation to be paid pursuant to this Agreement includes
adequate and sufficient compensation for any proprietary information
developed in connection with or resulting from the performance of Consultant's
services under this Agreement. Consultant further understands agrees that full
disclosure of all proprietary information developed in connection with, or
resulting from,the performance of services by Consultant under this Agreement
shall be made to City, and that Consultant shall do all things necessary and
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Contract No. C37 120
proper to perfect and maintain ownership of such proprietary information by
City.
3.7 Retention of Funds: Consultant hereby authorizes City to deduct from any
amount payable to Consultant (whether arising out of this Agreement or
otherwise) any amounts the payment of which may be in dispute hereunder or
which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and all amounts for which City may be liable to third
parties, by reason of Consultant's negligent acts, errors, or omissions, or willful
misconduct, in performing or failing to perform Consultant's obligations under
this Agreement. City in its sole and absolute discretion, may withhold from any
payment due Consultant, without liability for interest, an amount sufficient to
cover such claim or any resulting lien. The failure of City to exercise such right
to deduct or withhold shall not act as a waiver of Consultant's obligation to pay
City any sums Consultant owes City.
3.8Termination by City: Either party reserves the right to terminate this
Agreement at any time, with or without cause, upon written notice to other party.
Upon receipt of any notice of termination from City, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved in writing by City. Consultant shall be entitled to compensation for all
services rendered prior to receipt of City's notice of termination and for any
services authorized in writing by City thereafter. If termination is due to the
failure of Consultant to fulfill its obligations under this Agreement, City may take
over the work and prosecute the same to completion by contract or otherwise,
and Contract shall be liable to the extent that the total cost for completion of the
services required hereunder, including costs incurred by City in retaining a
replacement contractor and similar expenses, exceeds the Budget.
3.9 Right to Stop Work: Termination by Consultant: Consultant shall have the
right to stop work only if City fails to timely make a payment required under the
terms of the Budget. Consultant may terminate this Agreement only for cause,
upon thirty (30) days' prior written notice to City. Consultant shall immediately
cease all services hereunder as of the date Consultant's notice of termination
is sent to City, except such services as may be specifically approved in writing
by City. Consultant shall be entitled to compensation for all services rendered
prior to the date notice of termination is sent to City and for any services
authorized in writing by City thereafter. If Consultant terminates this Agreement
because of an error, omission, or a fault of Consultant, or Consultant's willful
misconduct, the terms of Section 3.8 relating to City's right to take over and
finish the work and Consultant's liability therefore shall apply.
3.10 Waiver: No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be
construed as a waiver. A party's consent to or approval of any act by the other
party requiring the party's consent or approval shall not be deemed to waive or
render unnecessary the other party's consent to or approval of any subsequent
act. Any waiver by either party of any default must be in writing.
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3.11 Legal Actions: Legal actions concerning any dispute, claim, or matter
arising out of or in relation to this Agreement shall be instituted an maintained
in the Municipal and Superior Courts of the State of California in the County of
Riverside, or in any other appropriate court with jurisdiction in such County, and
Consultant agrees to submit to the personal jurisdiction of such court.
3.12 Rights and Remedies are Cumulative: The rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default
by the other party.
3.13 Attorneys' Fees: In any action between the parties hereto seeking
enforcement of any of the terms or provisions of this Agreement or in
connection with the performance of the work hereunder, the party prevailing in
the final judgment in such action or proceeding, in addition to any other relief
which may be granted, shall be entitled to have an recover from the other party
its reasonable costs and expenses, including, but not limited to, reasonable
attorney's fees, expert witness fees, and courts costs. If either party to this
Agreement is required to initiate or defend litigation with a third party because
of the violation of any term of provision of this Agreement by the other party,
then the party so litigating shall be entitled to its reasonable attorney's fees and
costs from the other party to this Agreement.
3.14 Force Majeure: The time period specified in this Agreement for
performance of services shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence
of City or Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or
acts of any governmental agency, including City, if the delaying party shall
within ten (10) days of the commencement of such delay notify the other party
in writing of the causes of the delay. If Consultant is the delaying party, City
shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay when and if in the
judgment of such delay is justified. City's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against City for any delay in the performance of
this Agreement, however caused. Consultant's sole remedy shall be extension
of this Agreement pursuant to this Section 3.14.
3.15 Non-Liability of City Officers and Employees: No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Consultant, or any successor in interest, in the event of any default or breach
by City, or for any amount which may become due to Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
3.16 Conflict of Interest. No officer, official, employee, agent, representative, or
volunteer of City shall have any financial interest, direct or indirect, in this
Agreement, or participate in any decision relating to this Agreement which
12
Contract No. C37120
affects his or her financial interest or the financial interest of any corporation,
partnership, or association in which he or she is interested, in violation of any
Federal, State, or City statue, ordinance, or regulation. The Consultant shall
not employ any such person while this Agreement is in effect.
SECTION FOUR: MISCELLANEOUS PROVISION
4.1 Records and Reports: Upon request by City, Consultant shall prepare and
submit to City and reports concerning Consultant's performance of the services
rendered under this Agreement. City shall have access, upon reasonable
notice, to the books and records of Consultant related to Consultants
performance of this Agreement in the event any audit is required. All drawings,
documents, and other materials prepared by Consultant in the performance of
this Agreement (i) shall be the property of City and shall be delivered at no cost
to City upon request of City or upon the termination of this Agreement, and (ii)
are confidential and shall not be made available to any individual or entity
without prior written approval of City. Consultant shall keep and maintain all
records and reports related to this Agreement for a period of three (3) years
following termination of this Agreement, and City shall have access to such
records in the event any audit is required.
4.2Notices: Unless otherwise provided herein, all notices required to be delivered
under this Agreement or under applicable law shall be personally delivered, or
delivered by United States mail, prepaid, certified, return receipt requested, or
by reputable document delivery service that provides showing date and time of
delivery. Notices personally delivered or delivered by a document delivery
service shall be effective upon receipt. Notices delivered by mail shall be
effective at 5:00 p.m. on the second calendar day following dispatch. Notices
to the City shall be delivered to the following address:
OFFICE OF THE CITY CLERK
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Notices to Contractor shall be delivered to the address set forth below:
ViaTRON SYSTEMS, INC.
18233 Hoover Street
Los Angeles, CA 90248
13
Contract No. C37120
4.3Construction and Amendments: The terms of this Agreement shall be
construed in accordance with the meaning of the language used and shall not
be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply. The
headings of sections and paragraphs of this Agreement are for convenience or
reference only, and shall not be construed to limit or extend the meaning of the
terms, covenants and conditions of this Agreement. This Agreement may only
be amended by the mutual consent of the parties by an instrument in writing.
4.4Severability: Each provision of this Agreement shall be severable from the
whole. If any provision of this Agreement shall be found contrary to law, the
remainder of this Agreement shall continue in full force.
4.5Authority: The person(s) executing this Agreement on behalf of the parties
hereto warrant that(i) such party is duly organized and existing (ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii)
by so executing this Agreement, such party is formally bound to the provisions
of this Agreement, and (iv) the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound.
4.6Special Provisions: Any additional or supplementary provisions or
modifications or alterations of these General Provisions shall be set forth in this
Agreement ("Special Provisions").
4.7Precedence: In the event of any discrepancy between "Terms", "General
Provisions", "Special Provisions", and/or "Scope of Services", "Special
Provisions" shall take precedence and prevail.
14
Contract No. C37120
II.SCOPE OF SERVICES
• The removal and transportation of all microfiche records from the Department
of Building and Safety by the contractor. Safeguarded and suitably protected
during transportation from loss, physical damage, and weather elements which
would harm the quality of image. These records must be securely stored while
in the possession of the contractor. These records must stay within the United
States.
• All microfiche records are to be transferred or converted into a Tagged Image
File Format (TIFF) per the City's Information Systems Department.
• The electronic and physical microfiche records are to be delivered to the
Department of Building and Safety. The transportation and delivery of these
records shall be safeguarded and suitably protected during transportation from
loss, physical damage, and weather elements which would harm the quality of
image.
• All returned records will be reviewed for quality control. Records not meeting
the required quality will be returned for further processing in the same manner
as new and returned records.
• The City desires the option to destroy some or all original records scanned. In
order to do so, the quality of scanned documents and the diligence of quality
control must be superior.
• The City must have access to all City documents in the Contractor's possession
upon request, with a hard copy or electronic file provided within 24 hours.
15
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Prepared By: PROPOSAL Prepared for
1 Via;1_=f; J'
Corporate Headquarter: Building and Safety �,' i,1:-..8
•
ViaTRON SYSTEMS, INC. Microfiche Record ..
18233 Hoover Street Conversion
Los Angeles, CA 90248
www.viatron.com RFP
City of Palm Desert
Isaac Chung 03/01/18 73-510 Fred Waring Drive
310.756.0604 Palm Desert, CA 92260
isaacc@viatron.com
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Cover Letter
Jason Finley
Supervising Plans Examiner
Dear Mr. Finley,
would like to thank the City of Palm Desert ("City")for giving ViaTRON the opportunity to bid
on this microfiche conversion project. Our project management and systems analyst team have
carefully reviewed the scope of work and addendums. The combined hardware and software
available at ViaTRON can easily handle this capacity.ViaTRON accepts all terms and conditions,
addendums,and performance obligations set forth in this RFP. This proposal will remain valid
for 120 days.
ViaTRON has worked with many cities and counties across California.ViaTRON has also worked
on highly sensitive and confidential documents including personnel files up to death penalty
case files for the superior courts in California. All ViaTRON employees are free of any conflict of
interest to the City of Palm Desert. ViaTRON will perform 100%of work and will not
subcontract part of this Microfiche project.
We have completed several very large and complex conversion projects for the State and
Federal government. You will find our services to be very professional but also flexible to meet
your changing needs. If we are chosen for this project,you can expect ViaTRON to work hard to
exceed your project expectations.
Sincerely,
Albert Fader Isaac Chung(Contact Person)
Executive Vice President Account Manager
t/310.612.3353 t/310.756.0604
f/310.756.0609
albertf@viatron.com isaacc@viaTRON.com
2 117
Vim
Table of Content
Company's Qualification 4
Project Quality Assurance 6
Security and Internal Control $
Client References 10
ViaTRON's Management 11
Scope of Services/Cost Proposal 13
Project Plan/Methodology 14
Page 3 1 17
Company's Qualifications
ViaTRON's Production Facility
ViaTRON has 35,000 sq.ft. state-of-the-art data conversion/production facility. All our
production facilities are very tightly managed and has a high security monitoring system in
place. The facilities are monitored 24 hours a day. All activities are recorded by security
cameras. Employees are not allowed to bring in or out of the facility any paper or electronic
devices. Employees have restricted entry into the facility. Visitors are only allowed in with
prior notice. All visitors are escorted while in the facility. The entire building including the
parking areas are gated and monitored 24 hours by security cameras. ViaTRON takes the
security of the facility and our clients'data very seriously.
ViaTRON Equipment
ViaTRON has invested heavily in industry leading technology. Some of our equipment includes:
• 45 High-Speed Production Scanners
• 205 workstations for indexing and quality assurance
• ViaTRON's advance image control software
ViaTRON invests millions of dollars in our production/data conversion equipment to bring the
best solution to our clients.
Process Over One Million Pages per Day
ViaTRON has the capacity to process over one million images per day. We can process regular
format paper, large format maps, microfiche, microfilm, digital files, OCR and file compression
simultaneously. The combined hardware and software available at ViaTRON can easily handle
this capacity.
Real-Time Online Quality Assurance and Status Reporting
ViaTRON has developed custom online software that will allow our clients to monitor the
progress of the project in real-time.
ViaTRON has also developed an easy and efficient method where our clients can perform
testing, approving and QA review via the Internet. Testing and QA Reports can also be
generated from this system.
Experience
ViaTRON has been in the content management/data conversion business for 28 years. We have
scanned documents for a wide variety of clients. We have successfully scanned and digitally
formatted over 2 billion records for over 1,250 government agencies—from local government
agencies to the Department of Defense. We also performed work for Fortune 500 companies
such as: 20th Century Fox, Universal Studios,Warner Brothers and Activision. ViaTRON has
4 17
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extensive experience in working with and uploading to many different types of imaging systems
(ECM). ViaTRON has implemented data into AX, Laserfiche, OnBase, ImageNow, FileNet,
Documentum, OpenText, and more.
Personnel
ViaTRON recognizes the importance of having the most experienced management team for this
project. The requirements for a successful completion of the data conversion project require
that the best experienced staff be employed to handle specific project. ViaTRON has
assembled a strong management team with over 90 years of experience combined to
successfully and confidently complete this project.
The Project Manager for this project will be Kala Devan. Kala Devan has over 28 years of
experience in the Data Conversion-Scanning industry and has managed over 750 large
government projects.
ViaTRON has 40 staff members at its Los Angeles location and a total for 50 staff members
across the other satellite offices.
Security
ViaTRON has implemented the highest possible security to protect our client's documents.
VIaTRON's standards surpasses SOC, AT101 and HIPAA. We invite all our potential clients to
visit ViaTRON's Production Center to view firsthand all the security measures implemented to
safeguards our client's documents.
ViaTRON does not subcontract any of its work to a third-party contractor. ViaTRON has full
"chain of custody" control form the time the files are being placed into boxes, picked up and
delivered to our facility and until the client would like their documents delivered back or
shredded. ViaTRON does provide shredding services and will provide a certificate of
destruction for all the boxes shredded.
Quality Control
ViaTRON has implemented a very strong quality control process. We have 24 check points in
the production process. Many of these key check points are double checked. We send all
images through a 3-step quality control process including viewing each image individually.
Invitation to ViaTRON's Production Facility
ViaTRON would like to invite the City to ViaTRON's Production Facility. We would like to
demonstrate ViaTRON has the Best State-of-the-Art Production Facility to perform your project.
5 117
Viia�r_F. JJ
J
Project Quality Assurance
Pickup and Delivery
We use ViaTRON's vans/trucks to pick up and deliver boxes from/to City. We have in-house
employees (truck drivers)to perform all the pickup and delivery tasks. ViaTRON does not
outsource this work. We do not allow third party companies to touch any of our clients'
documents. It is very important to maintain the "chain of custody"for all documents/boxes
picked up or delivered to City.
Box Tracking
In addition to the City's box number,ViaTRON creates an internal bar code control number and
label for each box picked up. Any damaged boxes are photographed and tagged. The control
numbers are entered into a central Project Management Tracking System. From this point
forward the Project Management Tracking System will track the location,status and progress of
that individual box. City can check the condition or status of the box from the moment the box
is picked up.
Double Check System
Every task performed on the City project will be checked two times using a manual and an
electronic control system. Employees'work will be checked by our Quality Assurance
Department. The QA Employees' work will be checked by the department supervisor. The
Supervisor's tasks will be checked by the project manager. Every Employee's work will be
double checked.
Employee Control
Each employee working on the City project will undergo a full review. Employees who have any
connection (present or past)to the City will not be allowed to work on the project. An
Employee will also not be allowed to work on the City project if they have an immediate family
member working at City. ViaTRON performs a complete background check on all employees.
Employees who have criminal records are not allowed to work at ViaTRON. All client
boxes/documents are monitored very closely at three levels. It is impossible for any one person
to have full access. Employees are trained for 40 hours specifically on the City documents
before they are allowed to begin working on the project. All work performed by the employee
is tracked and monitored by the Project Management Tracking System.
Box Control
ViaTRON Production Center handles each box in a unique manner. The box is analyzed by
content. A detailed log is prepared to identify the box contents: pages,folder, document size,
condition of documents, condition of box, and index variations. This information is kept
separately and later used to crosscheck the finished product. Any discrepancy will result in the
full audit of the box.
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Document Tracking
ViaTRON's Central Project Management Tracking System tracks every employee who has come
into contact of each document. For control purposes,we will be able to trace the individual
tasks, date and time the file was accessed or worked on.
Document/Folder Control
Every document/folder in a box is checked twice. The first is performed by the Document
Preparation Employee who does a physically count of the documents and creates a batch count
report. This report is later crosschecked with the Final QA Report. We will need to get a 100%
match or the entire box is audited.
Image Control
ViaTRON uses several types of sophisticated image enhancement software to improve the
quality of the images during the scan process. ViaTRON sends each image through three
electronic levels of image enhancement. Each of these levels is meant to improve the quality of
the original image. In addition to electronic enhancements,ViaTRON also manually checks (QC)
every image for accuracy.
Error Corrections
ViaTRON corrects all image quality within 24 hours. In most cases the image quality shall be
corrected in real-time. ViaTRON creates a Raw Image file of all documents as an automatic
backup. In addition,the index fields are stored in a SQL database. This system was designed
internally for auditing purposes. Any errors can be repaired immediately. Only in a few cases
we may need to go back to the original paper to rescan. This can be done within a 24-hour
period. Image repair,file separation and index correction can be done in real time and
forwarded to the City within 1—24 hours.
7 117
I ,Via rl�; a1
Security and Internal Control
Overview
ViaTRON has implemented the highest possible security to protect our client's documents.
ViaTRON surpasses the SOC,AT101 and HIPAA standards. The City is welcome to visit
ViaTRON's production center to view firsthand all the security measures implemented to
safeguard Client documents. The following are a few of the internal security controls related to
the City's project.
Confidentiality Agreement
ViaTRON has a confidentially non-disclosures security agreement with all ViaTRON employees.
In the confidentially agreement, the employees confirm that employee does not have any
direct or indirect personal connection to the information the employee will be receiving on the
project. Employee also agrees to keep all information absolutely confidential. Employees are
not allowed to bring any kind of bag, CDs, DVDs,cameras, LISB sticks,or mobile devices into the
production facility.
Employee Background Check
ViaTRON performs a complete background check and drug test based on all confidential
projects.
High Security Facility
ViaTRON is a high security facility. Our facility has the most up to date security system set up
with surveillance cameras and security alarm systems. Every persons and items moving in or
out of ViaTRON's facility are closely monitored. Employees are only allowed to enter the office
through a single entrance. ViaTRON has restricted areas once employee is inside the facility.
ViaTRON stores all physical and electronic data in a secured area within the production facility.
This information is kept locked in a separate location away from employees.
Workstation Security
Each employee has an individual login password. ViaTRON has removed access to the Internet
on the workstations.
Security Cameras
ViaTRON has security cameras monitoring all work areas. There are also cameras monitoring all
entrances and exits into the building including parking structure.
Access Card/Badge
ViaTRON has a secured access system for entry into our production facility. Employees use an
access card to enter and exit the building. Visitors are allowed access once approved with our
8I 17
Vila
GM and will be given a temporary access badge. ViaTRON maintains a detail report of all access
into the production facility.
Transporting Data
Any data moving in or out of the company on paper, hard drive, CD, DVD, memory stick,tape or
optical disc are recorded on the "Product Entry/Work Order". Data on media are encrypted
and password protected. ViaTRON deletes/scrubs all data from ViaTRON's server once
permission is granted by City.
Pickup/Delivery Security
ViaTRON only uses ViaTRON employees and ViaTRON trucks to pick up and deliver City's
documents. ViaTRON does not use outside/third party companies for transportation. ViaTRON
does not break the chain-of-custody. ViaTRON takes full responsibility once ViaTRON picks up
the data.
9I 17
Via�ss , J J"
Client References
City of Escondido
Contact: Eva Neter Department: City Clerk's Office
Position: Assistant City Clerk Email: eheter@escondido.org
Telephone: 760.839.4561 Project Size:2 million images of microfiche records
City of Redondo Beach
Contact: Mike Ross Department: Building and Safety
Position: Building Official Email: Michael.ross@redondo.org
Telephone: 310.318.0636x2614 Project Size: Ongoing Scanning for Building and
Planning since 2016. Started with Microfiche and
now Scanning paper permits
Butte County
Contact: Will Mansfield Department:Community Development
Position: Information Systems Email: wmansfield@buttecounty.net
Telephone: 530.538.7601 Project Size: 10 million images of 8 x 11,3 million
microfiche images and 300k Large Format drawings
Page 10 I 17
ia-r1z. 1 `
ViaTRON Management
The following staff will be assigned to the City Project.
Lead&Project Manager— Kala Devan
Experience:
• 28 Years of Experience in Data Conversion/Scanning Services
• System Analysis and Systems Design
• Electronic Data and Information Management Design
• Electronic Workflow Design and Implementation
Prior Experience: Personal Computer Center, Inc. ($60 Million Privately Held Corporation,
Calif.), Chief Financial Officer and Chief Executive Officer.
Education: BSc. Accounting& Business Administration & MBA Finance
Employed at ViaTRON: 28 Years
Assistance Project Manager—Romulo Torralba
• Experience: 7 Years of Experience in Data Conversion/Scanning Services
• Education: BSc. Business Administration
• Employed at ViaTRON: 7 Years
Account Manager/Client Services—Isaac Chung
Experience: 6 Years of Experience in Data Conversion/Scanning Services Education: BSc.
Business Administration
Employed at ViaTRON: 6 Years
Systems Engineer/System Design—Albert Fader
Experience: 18 Years of Experience in Data Conversion/Scanning Services
Education: BSc. Psychobiology
Employed at ViaTRON: 18 Years
Sr. Systems Engineer—Thomas Omari
Experience: 20 Years of Experience in Data Conversion/Scanning Services
Education: BSc.Aerospace
Employed at ViaTRON: 20 Years
Production Manager—Luis Acevedo
Experience: 8 Years of Experience in Data Conversion/Scanning Services
Education: BSc. Science
Employed at ViaTRON: 8 Years
11 I 17
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Project Roles and Responsibilities
Project Manager (PM) • PM shall be the primary contact between ViaTRON and
Kala Devan City.
• Chief designer of operations.
■ Fully responsible for all activities at ViaTRON
Assistant Project Manager • Assist PM with all activities.
Romulo Torralba • Backup contact for the City in the event of emergency.
Account Manager/Client • Assist PM with all Client Service matters.
Services, Isaac Chung
Systems Engineer/Systems • Assigned to design the production equipment and
Design software.
Albert Fader • Design the step-by-step technical quality assurance
process.
Sr. Systems Engineer • Day-to-day management of all technical operations.
Thomas Omari
Production Manager • Responsible for day-to-day City Production.
Luis Acevedo
Quality Assurance • Head of Quality Assurance
Manager
Edgar Cisneros
Scan on Demand Manager • Assigned to handle City's Scan-On-Demand Request.
Genalin Acosta
Page 12117
'7)
Scope of Services
The City of Palm desert is looking to scan approximately 107,120 microfiche cards for the
building and safety department. ViaTRON has developed an extensive "Project Plan and
Methodology"that outlines the detail on how ViaTRON will handle the project.
ViaTRON has thoroughly read the project scope and the questions and answers portions of the
RFP and agrees to all requirements.
Cost Proposal
ViaTRON pricing was based on the RFP as well as the questions and answers provided by the
City. ViaTRON will provide free boxing services of all City of Palm desert microfiche documents
as well as free indexing services. ViaTRON is proposing to charge by the quantity instead of an
hourly wage because the client does not have any control over how much time a vendor spends
and can general end up paying more than expected. By paying a unit price,the client will have
the advantage of knowing the vendor cannot go over the budget cost for the project.
UNIT PRICING
Service Description Unit Unit Price
Conversion Services—Microfiche Sheet Per Sheet $0.55
Document Packing Services I Freight Services I Scanning I Quality
Assurance.
Assumptions
Based on the volumes given by the city during the RFP meeting,the total estimated cost for this
project would be $58,916.00.
TOTAL PRICING
Service Description Quantity Unit Price
Conversion Services—Microfiche Sheet 1 107,120 $58,916
Document Packing Services E Freight Services Scanning Quality
Assurance.
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Project Plan and Methodology
ViaTRON will begin full production after the client accepts the test files. The production tasks
described below are task we perform for a client depending on the client's requirements.
However, for your specific project requirements we will meet with you to develop a more detail
and specific project methodology. Your methodology will be very similar to the tasks shown
below.
Document Packing and Preparation
Box Inventory and Labeling
ViaTRON uses computerized tracking software (VTLink-PM)to track the boxes before they
leave your office. Prior to picking up the boxes,ViaTRON will send a project technician to your
pick-up location to do the following task.
• Estimate the number of boxes.
• Make an inventory of the box contents.
• Create barcode labels for the boxes.
A unique barcode is attached to each box. The barcode tracks several pieces of key
information. The contents of the box are also uploaded to VTLink prior to the pick-up for
security purposes. An automatic tracking report is generated that includes the following
information: box unique ID code, date of pickup, location of pickup, all persons involved in the
pickup transaction and travel log number.
Freight—Pickup
Pickup—ViaTRON Certified Employees
ViaTRON only uses ViaTRON employees to pick up boxes. ViaTRON has strict rules regarding
the chain-of-custody regarding client documents.
• ViaTRON does not outsource any freight services.
• All pickup and deliveries are performed by ViaTRON trained employees.
• VTLink-PM schedule trucks to only make one pickup at a time to prevent cross
contamination of documents.
• VTLink-PM keeps a detailed security log for each trip. The security log keeps track of
departure time, pickup/delivery start, pickup/delivery end, and return to ViaTRON
Storage Center.
• A standby driver/team are in place to immediately assist in case of mechanical
problems.
• ViaTRON track the travel and our trucks using GPS Tracker.
• ViaTRON can provide the boxes for the microfiche as well as the service to box the
documents free of charge.
Page 14I17
CONFIDENTIAL
.rr.
aY11aa
ViaTRON—Receiving
ViaTRON uses a double check system to verify all data.
• When the truck arrives at ViaTRON Production Center,the boxes are moved to a holding
area.
• A barcode reader is used to verify the barcodes and match the data to the pickup data
already in the box tracking software(VTLink-PM).
• The verification is done by two managers.
• The VTLink software verifies the original data with the two manager scanned data.
• The managers also check the boxes for damage and report it
• Any discrepancy is logged into the VTLink Tracking and QC Report.
• Security issues if any will be resolved within 1 hour and you will be notified.
• Box Tracking&Audit Report will be generated by VTLink-PM.
• Every employee enters project work progress into VTLink-PM.
• Every employee also enters quality control and monitoring info into VTLink-PM.
• The VTLink-PM report is reviewed by the project manager several times throughout the
day.
• In addition,the supervisors immediately bring QC matters to the attention of the project
manager through the VTLink Real-Time Report.
• ViaTRON has a rule that all QC matters are resolved within 1 hour.
Document Preparation
Fiche Preparation
• ViaTRON will test 5 documents for each class/category establish the Project Specific
Rules(PSR). The test is to determine the most accurate and efficient method to prepare
the film/fiche to be indexed.
• The PSR are entered into the VTLink Project Manager for Quality Assurance review.
Scanning
scanning
• All scanning is done with an operator standing next to the scanner to make sure all
pages are scanned accurately and the quantum software has picked up every image on
the fiche.
• ViaTRON's scanner software can output into any format.
• ViaTRON's image enhancement software shall be used to de-speckling,de-skewing,
image rotation, background suppression, adaptive threshold, edge enhancement,and
gray tone filtering.
Page 15I17
CONFIDENTIAL
Vila.J �T _r
• The files will always be kept together. This will ensure the documents are always in the
same order
• Standard documents will be scanned in PDF or group IV TIFF, bi-tonal scanned at 300
dpi, large format documents at 300 dpi, and for documents that have been reduced will
be scanned at 400 dpi. ViaTRON will work with you Project Manager to develop
optimum results.
image Quality Assurance
ViaTRON employees review every image for accuracy
• Review the quality of images
• Image contrast, blank page deletion, auto rotate,borders
• Image quality will be checked at three levels
• Either accept or send the work back to be reprocessed
• Unacceptable images will be scanned within 24 hours
Indexing
Indexing
• ViaTRON does not use automatic capture on film/fiche projects because the threshold
on capturing the characters is less accurate than paper documents.
• ViaTRON's employee will manually index one document at a time
• Per scope of services and Q&A, client requirements for search criteria that may include,
but not limited to,the following:
Indexing Specification-Client
• Naming convention for files created with the following filing structure
❑ First Letter Street Name (A, B, C, D)
o Street Name (Hoover St)
o Specific Address of location (18233 Hoover St)
❑ Files for location
• This is the same type of structure we provide for City of La Quinta
Indexing Technical Quality Assurance
ViaTRON takes an additional step to ensure the accuracy of the Indexed data.
• ViaTRON provides double key indexing.
• A System Engineer compares the original indexed data with the re-keyed data.
• The mismatches are sent through the indexing and rekey process again until the data
matches.
• The System Engineer also performs data validation through characters mix, dates
ranges, quantity ranges, including database lookup.
Page 16117
CONFIDENTIAL
System Analyst Final Quality Assurance
• ViaTRON's System Analyst will perform the final data validation of the data. This
process involves several areas of images validation, index accuracy and database
alinement.
• Once the data is verified,the System Analyst will format the data to match the client's
system requirements and export the file.
OCR
• ViaTRON will OCR all images after the final QC process.
Data Delivery
• ViaTRON will create two copies of optical disk for deliveries.
• ViaTRON has multiple approaches to data delivery. The typical method of delivery is
through a password encrypted hard drive. Some clients choose the option to download
via secured FTP site.
Client Review
• ViaTRON will deliver the images and index metadata in the format requested by the
client.
• The client will then review the files for quality assurance.
Scan-On-Demand
• ViaTRON understands that the files are live and the client may need access to files
before the project is completed.
• If your office requested a file,ViaTRON will locate the file,scanned and make a digital
copy available to you through our secured FTP site or email.
Page 17 I 17
CONFIDENTIAL
REQUEST FOR PROPOSALS (RFP)
FOR
BUILDING AND SAFETY
MICROFICHE RECORD CONVERSION
......,
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CITY OF PALM DESERT
DEPARTMENT OF BUILDING AND SAFETY
Jason Finley, Supervising Plans Examiner
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760)776-6420 / FAX (760) 777-6392
Key RFP Dates
RFP Issued January 31, 2018
Pre-Proposal Examination February 7, 2018, 3:00 p.m.
Submit Written Questions February 14, 2018, 5:00 p.m.
Response Posted February 21 , 2018
Proposal Due Date March 1 , 2018, 3:00 p.m.
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Table of Contents
NOTICE INVITING PROPOSALS 3
SECTION I-INSTRUCTIONS TO CONSULTANTS 4
SECTION II-PROPOSAL CONTENT AND FORMS 13
SECTION II-EVALUATION AND AWARD 16
SECTION IV-SCOPE OF WORK 18
SECTION V-DRAFT AGREEMENT 20
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CITY OF PALM DESERT
DEPARTMENT OF BUILDING AND SAFETY
NOTICE INVITING PROPOSAL FOR
MICROFICHE RECORD CONVERSION
PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert, as AGENCY, invites
proposals for the above stated services and will receive such proposals in the
offices of the Department of Building and Safety at 73-510 Fred Waring Drive,
Palm Desert, California 92260 up to the hour of 3:00 P.M. on March 1, 2018.
Proposals received after this date will be returned to the applicant unopened. Faxed or
email proposals will not be accepted.
The intent of this Request for Proposal (RFP) is to procure a contract for service from a
qualified Consultant to convert existing microfiche records into an electronic digital
storage format of the highest quality.
It is the City's intent that all Consultants obtain the full content of this RFP and any
addenda via the City's website located at www.cityofpalmdesert.orq
To view the RFP, from the main menu under "Quick Links," click on "Projects Up For
Bid". Primary firms that anticipate submitting a proposal are required to send an email to
the City acknowledging receipt of the RFP so that the City can add the firm to its
notification list. Please include the Contact Person, the name of the firm, address,
phone number, and e-mail address.
A copy of this RFP may also be requested by contacting the person below. When
requesting the RFP, please include the above information. For more information
regarding this project and to acquire the RFP, please contact:
City of Palm Desert
Department of Building and Safety
Attention: Jason Finley, Supervising Plans Examiner
jfi n ley@citvofpalmdesert.orq
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
P: (760) 776-6420
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SECTION I - INSTRUCTIONS TO CONSULTANTS
A. PRE-PROPOSAL EXAMINATION OF MICROFICHE RECORDS
A pre-proposal examination of the physical volume of microfiche records will be held
on February 7, 2018, 3:00 P.M. at the City of Palm Desert, Department of Building
and Safety. All prospective Consultants are encouraged to attend. Appointments to
review the records are made on a first come first serve basis and will last no longer
than 15 minutes.
B. EXAMINATION OF THE PROPOSAL DOCUMENTS
By submitting a proposal, the Consultant represents that they have thoroughly
examined and become familiar with the work required under this RFP and is capable
of performing quality work to achieve the City's objectives.
C. ADDENDA
The City reserves the right to revise the RFP documents. Any City changes to the
requirements will be made by written addenda to the RFP. Any written addenda
issued pertaining to the RFP shall be incorporated into the terms and conditions of
any contract resulting from this RFP. The City will not be bound to any modification
or deviations from the requirements set forth in the RFP as a result of the oral
instructions or communication. Consultants shall acknowledge receipt of addenda in
their submittal. Failure to acknowledge receipt of all addenda may cause the
Consultant to be deemed non-responsive to this RFP and be rejected without further
evaluation.
D. CITY CONTACT
All questions and/or contacts regarding this RFP are to be delivered only to:
City of Palm Desert, Department of Building and Safety
Jason Finley, Supervising Plans Examiner
Department of Building and Safety
(760) 776-6420
jfin ley(a�citvofpalmdesert.orq
Except for Jason Finley, Supervising Plans Examiner, no contact of any kind shall be
made with any of the City's staff. It is intended that the Consultant selection shall be
made on merit alone within the process described in this RFP. Violation of this may
cause for immediate disqualification of a Consultant's submittal.
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E. CLARIFICATIONS AND QUESTIONS
1. EXAMINATION OF DOCUMENTS AND MICROFICHE RECORDS
The Consultant is responsible for reviewing the RFP documents and microfiche
records prior to the proposal due date and for requesting clarification or
interpretation of any discrepancy, deficiency, ambiguity or error, or omission
contained in the RFP documents. Consultants shall notify the City in writing, in
accordance with Section E.2 below, and should it be found by the City that the
point in question is not clearly and fully set forth; the City will issue a written
addendum clarifying the matter, which will be posted on the City's website.
2. SUBMITTING REQUESTS
a. All questions, including questions posed and responded to during the physical
examination of the City's microfiche records, must be put in writing and must
be received by Jason Finley, Supervising Plans Examiner, February 14, 2018,
5:00 p.m.
b. Requests for clarifications, questions, and comments must be clearly labeled,
"Written Questions: RFP — MICROFICHE RECORD CONVERSION." The
City is not responsible for failure to respond to a request that has not been
appropriately labeled, and addressed to the City of Palm Desert, Department
of Building and Safety, Jason Finley, Supervising Plans Examiner.
c. Any of the methods of the City Contact set forth above may be utilized for
delivering written questions as long as the questions are directed to Jason
Finley, Supervising Plans Examiner and received no later than the date and
time specified above.
US Mail: City of Palm Desert, Community Development
73-510 Fred Waring Drive, Palm Desert 92260
Personal City of Palm Desert, Community Development
Courier: 73-510 Fred Waring Drive, Palm Desert 92260
Facsimile: (760)776-6392
Email: jfinleyCa�cityofpalmdesert.orq
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3. CITY'S RESPONSES
Responses from the City will be posted on the City's website no later than
February 21, 2018. Consultants may download the responses from the City's
website at www.cityofpalmdesert.org from the main menu under "Quick Links,"
click on "Projects Up For Bid."
F. SUBMISSION OF PROPOSALS
1. DATE AND TIME
Proposals must be received at or before March 1, 2018, 3:00 p.m.
Submissions received after the specified date and time will be rejected without
consideration or evaluation. Submissions may be delivered via U.S. Mail,
personal delivery or commercial courier service to the appropriate address
specified in Section E.2. Faxed or electronic submissions will not be accepted.
2. IDENTIFICATION OF PROPOSALS
The Consultant shall submit three (3) copies of the proposal in a sealed.
The package should be addressed as shown below, bearing the Consultant's
name and address and clearly marked as follows:
"RFP: MICROFICHE RECORD CONVERSION - Do Not Open with Regular
Mail"
The Consultant shall be entirely responsible for any consequences resulting
from any inadvertent opening of unsealed or improperly identified packages. It
is the Consultant's sole responsibility to see that its proposals submittal is
received as required.
3. ACCEPTANCE OF PROPOSALS/CITY'S RIGHTS
a. The City reserves the right to accept or reject any and all submittals, or any
item or part thereof, or to waive any informalities or irregularities in the
submittals.
b. The City reserves the right to withdraw or cancel this RFP, or any part
hereof at any time without prior notice and the City makes no
representations that any contract will be awarded to any Consultant
responding to this RFP.
c. The City reserves the right to issue a new RFP.
d. The City reserves the right to postpone submittal openings for its own
convenience.
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e. The City reserves the right to require confirmation of information furnished
by Consultant or for the Consultant to provide additional evidence of
qualifications to perform the work or to obtain information from any source
that has the potential to improve the understanding and evaluation of the
submittals.
f. Submittals received by City are considered public information and will be
made available upon request after award.
g. Submittals are not to be copyrighted.
G. PRE-CONTRACTUAL EXPENSES
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by the Consultant in the preparation of its submittal. In the event of award,
the Consultant shall not be entitled to charge the City for any pre-contractual
expenses.
Pre-contractual expenses are defined as expenses incurred by the Consultant in:
a. Preparing its proposal in response to this RFP;
b. Submitting proposal to the City;
c. Negotiating with the City any matter related to this solicitation; or
d. Any other expenses incurred by the Consultant prior to date of
award, if any, of the agreement.
H. JOINT OFFERS
Where two or more firms desire to submit a single proposal in response to this
RFP, they should do so on a prime-subcontractor basis rather than as a joint
venture. The City intends to contract with one firm and not with multiple firms doing
business as a joint venture.
I. INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form
CG 00 01, in an amount not less than $5,000,000 per occurrence,
$10,000,000 general aggregate, for bodily injury, personal injury, and property
damage. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO "insured contract"
language will not be accepted.
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Automobile Liability Insurance. Consultant shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in
connection with Work to be performed under this Agreement, including coverage for
any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of
$1,000,000 per claim and in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the effective date of this agreement and
Consultant agrees to maintain continuous coverage through a period no less than
three years after completion of the services required by this agreement.
Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000). Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of the City
of Palm Desert, its officers, agents, employees and volunteers.
Umbrella or Excess Liability Insurance.
Consultant may opt to utilize umbrella or excess liability insurance in meeting
insurance requirements. In such circumstances, Consultant may obtain and
maintain an umbrella or excess liability insurance policy with limits that will provide
bodily injury, personal injury and property damage liability coverage at least as
broad as the primary coverages set forth above, including commercial general
liability and employer's liability. Such policy or policies shall include the following
terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
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Cyber Liability Insurance. Contractor shall procure and maintain Cyber Liability
insurance with limits of $1,000,000 per occurrence/loss which shall include the
following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and regulatory
fines arising from such theft, dissemination or use of the confidential
information.
b. Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property
rights.
e. Liability arising from the failure to render professional services
If coverage is maintained on a claims-made basis, Contractor shall maintain such
coverage for an additional period of three (3) years following termination of the
contract.
Crime Insurance. Contractor shall provide evidence of fidelity coverage on a
blanket fidelity bond or other acceptable form. Limits shall be no less than
$1,000,000 per occurrence.
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J. OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsements must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at all
times during the term of this contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
Duration of Coverage. Consultant shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Work
hereunder by Consultant, his/her agents, representatives, employees or sub-
Consultants.
Primary/Non-Contributing. Coverage provided by Consultant shall be primary
and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such
coverage shall also apply on a primary and non-contributory basis for the benefit of
City before the City's own insurance or self-insurance shall be called upon to
protect it as a named insured.
City's Rights of Enforcement. In the event any policy of insurance required under
this Agreement does not comply with these specifications, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by
Consultant, or City will withhold amounts sufficient to pay premium from
Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of
California, with an assigned policyholders' Rating of A- (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best's
Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City of Palm
Desert, its elected or appointed officers, agents, officials, employees and
volunteers, or shall specifically allow Consultant or others providing insurance
evidence in compliance with these specifications to waive their right of recovery
prior to a loss. Consultant hereby waives its own right of recovery against the City
of Palm Desert, its elected or appointed officers, agents, officials, employees and
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volunteers, and shall require similar written express waivers and insurance clauses
from each of its sub-contractors.
Enforcement of Contract Provisions (non estoppel). Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If the Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for the higher limits maintained by
the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal
of coverage for each required coverage.
Additional Insured Status. General liability and automobile liability policies shall
provide or be endorsed to provide that the City of Palm Desert and its officers,
officials, employees, agents, and volunteers shall be additional insureds under
such policies. This provision shall also apply to any excess/umbrella liability
policies.
Prohibition of Undisclosed Coverage Limitations. None of the coverages
required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Consultant's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to
the insurer's limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
Pass Through Clause. Consultant agrees to ensure that its sub-Consultants, sub-
contractors, and any other party involved with the project who is brought onto or
involved in the project by Consultant, provide the same minimum insurance
coverage and endorsements required of Consultant. Consultant agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Consultant
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agrees that upon request, all agreements with Consultants, sub-contractors, and
others engaged in the project will be submitted to City for review.
City's Right to Revise Specifications. The City reserves the right at any time
during the term of the contract to change the amounts and types of insurance
required by giving the Consultant ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
Timely Notice of Claims. Consultant shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies.
Additional Insurance. Consultant shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which
the work is to be performed.
K. CONFLICT OF INTEREST
All Consultants responding to this RFP must avoid organizational conflicts of
interest which would restrict full and open competition in this procurement. An
organizational conflict of interest means that due to other activities, relationships,
or contracts, a Consultant is unable, or potentially unable, to render impartial
assistance or advice to the City; a Consultant's objectivity in performing the work
identified in the Scope of Work is or might be otherwise impaired; or a Consultant
has an unfair competitive advantage.
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SECTION II - PROPOSAL CONTENT AND FORMS
A. PROPRIETARY AND TRADE SECRET INFORMATION:
A copy of each proposal will be retained as an official record and will become public
record after the project is awarded and an agreement is executed, unless the
proposal or specific parts can be shown to be exempt by law [California State
Government Code §6254.15 and §6276]. Each proposer may clearly label part of a
proposal as "Confidential" if the proposer thereby agrees to indemnify and defend
the City for honoring such a designation. The failure to so label any information that
is released by the City will constitute a complete waiver of all claims for damages
caused by any release of the information. If a public record request for labeled
information is received by the City, the City will notify the proposer of the request
and delay access to the material until seven working days after notification to the
proposer. Within that time delay, it will be the duty of the proposer to act in
protection of its labeled information. Failure to so act will constitute a complete
waiver.
B. PROPOSAL FORMAT AND CONTENT
Present the proposals in a format and order that corresponds to the numbering and
lettering contained herein with minimal reference to supporting documentation so
that the proposals can be accurately compared. All proposals should include the
following:
1. FORMAT
Consultants are encouraged to keep their proposals brief and relevant to the
specific information requested herein. Proposals should be straightforward,
concise, and provide "layman" explanations of technical terms that are used.
Submittals should be typed, double-spaced and submitted on 8.5-inch x 11- inch
paper, using 12-point font, with a single method of fastening.
2. COVER LETTER
The Cover Letter shall be addressed to Jason Finley, Supervising Plans
Examiner and must, at a minimum, contain the following:
a. Identification of Consultant that will have the authorization to commit to
the contractual terms and conditions. Identification shall include legal
company name, corporate address, telephone, fax number and e-mail
address. Include name, title, address, telephone number and e-mail
address of the contact person during the proposal evaluation phase.
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b. Identification of proposed subcontractors, including legal company
name, contact person's name, address, phone number. Working
relationship between Consultant and subcontractors, if applicable.
c. Acknowledgment of receipt of all RFP addenda, if any.
d. A statement to the effect that the proposal shall remain valid for a period
of not less than 90 days from the date of submittal.
e. Signature of a person authorized to bind Consultant to the terms of the
any contract resulting from the submittal.
f. A statement that any individual who will perform work for the City of Palm
Desert is free of any conflict of interest.
3. TECHNICAL PROPOSAL
a. Qualifications, Related Experience and References of Consultant
This section of the submittal should establish the ability of Consultant to
satisfactorily perform the required work by evidence of: experience in
performing work of a similar nature; demonstrated competence in the
services identified in Section IV; experience with other public entities;
strength and stability of the firm; staffing capability; work load; record of
meeting schedules on similar projects; and supportive client references.
Consultant shall:
• Provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of offices;
and number of employees.
• Provide a general description of the firm's financial condition and
identify any conditions (e.g., bankruptcy, pending litigation, planned
office closures, impending merger) that may impede Consultant's ability
to complete the project.
• Describe the firm's experience in performing work of a similar nature to
that solicited in this RFP, and highlight the participation in such work by
the key personnel proposed for assignment to this project. Describe
experience in working with the various government agencies identified in
this RFP.
• Identify subcontractors by company name, address, contact person,
telephone number and project function. Describe Consultant's
experience working with each subcontractor.
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• At a minimum, three (3) references shall be provided. Furnish the
name, title, address and telephone number of the person(s) at the client
organization who is most knowledgeable about the work performed.
Consultant may also supply references from other work not cited in this
section as related experience.
b. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFP,
segregating "technical" exceptions from "contractual" exceptions. Where
Consultant wishes to propose alternative approaches to meeting the City's
technical or contractual requirements, these should be thoroughly explained.
4. APPENDICES
Information considered by Consultant to be pertinent to this RFP and which has
not been specifically solicited in any of the aforementioned sections may be
placed in a separate appendix section. Consultants are cautioned, however,
that this does not constitute an invitation to submit large amounts of extraneous
materials. Appendices should be relevant and brief. If Consultant chooses to
provide additional information in a separate appendix, Consultant is
encouraged to identify, in the appendix, why Consultant believes such
information is pertinent to the RFP.
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SECTION III - EVALUATION AND AWARD
A. PROPOSAL EVALUATION CRITERIA
1. QUALIFICATIONS OF THE FIRM 30%
Technical experience in performing work of a similar nature, experience
working with other public agencies, specialized experience, and professional
competence in areas directly related to this RFP. Strength and stability of the
firm, strength, experience, and technical competence of subcontractors, as well
as assessment of client references.
2. PROPOSED SERVICES 25%
Depth of Consultant's understanding of City requirements and overall
quality of the proposed services and work plan; logic, and clarity of work
plan; appropriateness of labor distribution among the tasks; ability to meet or
better the City draft project schedule; utility of suggested technical or
procedural innovations and the identification of special issues and Consultant's
response in resolving those issues.
3. COST PROPOSAL 25%
This project may be funded and phased in two (2) fiscal years, FY 2017/18 and
FY 2018/19. A cost proposal should be detailed and competitive.
The City reserves the right to negotiate final pricing with the most qualified
respondent. Pricing shall remain firm for the entire first term of the agreement.
Thereafter, any proposed pricing adjustment for additional periods, if any, shall
be submitted to the City in writing at least thirty (30) days prior to the new
agreement term. Any proposed pricing adjustments shall not exceed the Bureau
of Labor Statistics Consumer Price Index (CPI) using the database for Los
Angeles-Riverside-Orange County, California; All Items, Not Seasonally
Adjusted; annualized change comparing the most recent month's reported data
to the same month of the prior year. (Data available from the U.S. Department of Labor
website.) The City may or may not accept price adjustments.
4. COMPLETENESS OF RESPONSE 20%
Overall completeness and thoroughness of response in accordance with RFP
instructions; exceptions to or deviations from the RFP requirements that the
City cannot or will not accommodate; or other relevant factors not considered
elsewhere.
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C. EVALUATION PROCEDURE AND AWARD
1. INTERVIEW PROCESS
The City reserves the right and may require a formal interview of the final
Consultant(s) selected to determine the most qualified Consultant as part of the
final selection process.
The City intends to enter into negotiations with the recommended Consultant and
establish final terms and conditions for the Contract. Should such discussions
and negotiations be unsuccessful the City shall contact the second most qualified
Consultant and undertake negotiations and discussions with them until a contract
can be executed with the most qualified Consultant.
The City is targeting to initiate during the Fiscal Year 2017-2018 and may phase
the project into FY 2018-2019.
2. EVALUATION COMMITTEE
An evaluation committee will be appointed to review all proposals received. The
committee is comprised of City staff and may include outside personnel. The
committee members will read the proposals separately then convene to discuss
and review the written proposals. Each member of the selection panel will then
evaluate each proposal using the criteria identified herein to arrive at a score for
each proposal. Evaluation committee members' score for each proposal and the
reference scores.
3. NOTIFICATION OF AWARD AND DEBRIEFING
Consultants who submit a proposal in response to this RFP will be notified by
mail regarding the firm who was awarded the contract. Such notification shall be
made within three (3) days after the contract is awarded. Consultants who were
not awarded the contract may request a debriefing in writing or electronic mail.
CONFIDENTIAL INFORMATION:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be
released or retained [California State Government Code § 6254(a)].
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SECTION IV - SCOPE OF WORK
A. GENERAL INFORMATION
1. INTRODUCTION
Since incorporation, the Department of Building and Safety has steadily scanned
and archived closed building permit records into a microfiche record format for
storage and retention. As the Department transitions into an electronic storage
format, these records need to be converted into an approved electronic format.
The Department of Building and Safety desires to procure a qualified contract
service to convert all existing microfiche building records into an electronic format
suitable for storage within the City's servers.
This project target is FY 2017/18 (July 1, 2017 - June 30, 2018), and may be
phase into FY18/19 (July 1, 2018 — June 30, 2019), and consists of scanning a
large volume of microfiche records.
The City hereby requests Proposers to demonstrate their ability to provide and
perform the following:
• The removal and transportation of all microfiche records from the Department of
Building and Safety by the contractor. Safeguarded and suitably protected during
transportation from loss, physical damage, and weather elements which would harm
the quality of image. These records must be securely stored while in the possession
of the contractor. These records must stay within the United Sates.
• All microfiche records are to be transferred or converted into a Tagged Image File
Format (TIFF) per the City's Information Systems Department.
• The electronic and physical microfiche records are to be delivered to the Department
of Building and Safety. The transportation and delivery of these records shall be
safeguarded and suitably protected during transportation from loss, physical
damage, and weather elements which would harm the quality of image.
• All returned records will be reviewed for quality control. Records not meeting the
required quality will be returned for further processing in the same manner as new
and returned records.
• The City desires the option to destroy some or all original records scanned. In order
to do so, the quality of scanned documents and the diligence of quality control must
be superior.
• The work will commence when an agreement is fully executed.
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ACCESS TO DOCUMENTS
The City must have access to all City documents in the Contractor's possession upon
request, with a hard copy or electronic file provided within 24 hours.
PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified respondent.
Pricing shall remain firm for the entire first term of the agreement. Thereafter, any
proposed pricing adjustment for additional periods, if any, shall be submitted to the City
in writing at least thirty (30) days prior to the new agreement term. Any proposed
pricing adjustments shall not exceed the Bureau of Labor Statistics Consumer Price
Index (CPI) using the database for Los Angeles-Riverside-Orange County, California;
All Items, Not Seasonally Adjusted; annualized change comparing the most recent
month's reported data to the same month of the prior year. (Data available from the U.S.
Department of Labor website.) The City may or may not accept price adjustments.
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SECTION V - DRAFT AGREEMENT
AGREEMENT FOR MICROFICHE CONVERSION SERVICES
THIS AGREEMENT for microfiche conversion services is made and entered into
in the City of Palm Desert on this day of , by and between the CITY
OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and
, hereinafter referred to as CONSULTANT. (The term
contractor includes professionals performing in a consulting capacity.)
WITNESSETH:
WHEREAS, on January 31, 2018, CITY requested for proposals from companies to
procure a contract for services from a qualified Consultant to convert existing microfiche
records into an electronic digital storage format of the highest quality.
WHEREAS, pursuant to said invitation, CONSULTANT submitted a proposal,
which was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) TERM. The term of this Agreement shall be phased into two (2) fiscal
years from July 1, 2017 (FY17/18) through June 30, 2019 (FY18/19).
(2) NOTICES. Consultant shall deliver all notices and other writings required
to be delivered under the Agreement to City at the address set forth in
"General Provisions". The City shall deliver all notices and other writing
required to be delivered to contractor at the address set forth following
consultant's signature below.
(3) ATTACHMENTS.
This Agreement incorporates by reference the following attachments to
this Agreement:
I. General Provisions
II. Scope of Service
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(4) INTEGRATION.
This Agreement represents the entire understanding of City and Consultant as to
those matters contained herein. No prior oral or written understanding shall be of
any force or effect with regard to those matters covered by this Agreement. This
Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements, and understandings, if any, between the parties, and
none shall be used to interpret this Agreement.
(5) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and
CONSULTANT do covenant that each individual executing this Agreement
on behalf of each party is a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT CONSULTANT
A Municipal Corporation
SABBY JONATHON, MAYOR CONSULTANT
(Signature must be notarized)
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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I. GENERAL PROVISIONS
SECTION ONE: SERVICES OF CONSULTANT
1.1 Scope of Services: In compliance with all terms and conditions of this
Agreement, Consultant shall provide the goods and/or services shown on
Part II hereto (Scope of Services), which may be referred to herein as the
"services" or the "work". If this Agreement is for the provision of goods,
supplies, equipment or personal property, the terms "services" and "work"
shall include the provision (and, if designated in the Scope of Services, the
installation) of such goods, supplies, equipment or personal property.
1.2Changes and Additions to Scope of Services: City shall have the right at
any time during the performance of the services, without invalidating this
Agreement, to order extra work beyond that specified in the Scope of
Services or make changes by altering, adding to, or deducting from said work.
No such work shall be undertaken unless a written order is first given by City
to Consultant, incorporating therein any adjustment in (I) the Budget, and/or
(ii) the time to perform this Agreement, which adjustments are subject to the
written approval of the Consultant. It is expressly understood by Consultant
that the provisions of this Section 1.2 shall not apply to services specifically
set forth in the Scope of Services or reasonably contemplated therein.
Consultant hereby acknowledges that is accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time
consuming than Consultant anticipates and that Consultant shall not be
entitled to additional compensation therefore.
1.3Standard of Performance: Consultant agrees that all services shall be
performed in a competent, professional, and satisfactory manner in
accordance with the standards prevalent in the industry, and that all goods,
materials, equipment or personal property included within the services herein
shall be of good quality, fit for the purpose intended.
1.4Performance to Satisfaction of City: Consultant agrees to perform all work
to the satisfaction of City within the time specified. If City reasonably
determines that the work is not satisfactory, City shall have the right to take
appropriate action, including but not limited to: (I) meeting with Consultant to
review the quality of the work and resolve matters of concern; (ii) requiring
Consultant to repeat unsatisfactory work at no additional charge until it is
satisfactory; (iii) suspending the delivery of work to Consultant for an
indefinite time; (iv) withholding payment; and (v) terminating this Agreement
as hereinafter set forth.
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1.5lnstructions from City: In the performance of this Agreement, Consultant
shall report and receive instructions from the City's Representative
designated in this Agreement. Tasks or services other than specifically
described in the Scope of Services shall not be performed without the prior
written approval of the City's representative. In all cases where staff are
provided to City to perform any part of the Scope of Services, each and every
qualified person from Consultant providing such services will be required to
be reviewed and certified for such service in writing by the City's
representative prior to beginning service.
1.6 Familiarity with Work: By executing this Agreement, Consultant warrants
that Consultant (i) has thoroughly investigated and considered the scope of
services to be performed, (ii) has carefully considered how the services
should be performed, and (iii) fully understands the facilities, difficulties, and
restrictions attending performance of the services under the Agreement.
If the services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted
with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any conditions, including any
latent or unknown conditions, which will materially affect the performance of
the services hereunder, Consultant shall immediately inform the City of such
fact and shall not proceed except at Consultant's risk until written instructions
are received from the City's Representative.
1.7Prohibition Against Subcontracting of Assignment: Consultant shall not
contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition,
neither the Agreement nor any interest herein may be transferred, assigned,
conveyed, hypothecated, or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written
approval of City. In the event of any unapproved transfer, including any
bankruptcy proceeding, City may void the Agreement at City's option in its
sole and absolute discretion. No approved transfer shall release any surety of
Consultant of any liability hereunder without the express consent of City.
1.8 Compensation: Contractor shall be compensated as follows:
With the exception of compensation for Changes and Additions to Scope of
Services, provided for in Section 1.2 of this agreement, the maximum total
compensation to be paid to the Contracting Party under this agreement
is ($ )("Contract Sum"). The Contract Sum
shall be paid to Contracting Party in installment payments fiscally in an
amount identified in Contracting Party's schedule of compensation attached
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hereto for the work tasks performed and properly invoiced by Contracting
Party in conformance with Section 1.2 of this Agreement.
SECTION TWO: INSURANCE AND INDEMNIFICATION
2.1 Consultant shall not commence work under this Agreement until it has
provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Consultant shall not allow any
subconsultant to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subconsultant has secured all
insurance required under this section.
Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City.
2.2General Liability insurance: Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability. Defense
costs shall be paid in addition to the limits. The policy shall contain no
endorsements or provisions limiting coverage for (1) contractual liability; (2)
cross liability exclusion for claims or suits by one insured against another; or
(3) contain any other exclusion contrary to the Agreement.
2.3Automobile Liability Insurance: Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for
each accident.
2.4Professional Liability (Errors & Omissions) Insurance: Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
$1,000,000 per claim and in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a
period no less than three years after completion of the services required by
this agreement. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that
may potentially affect the work to be performed (for example, any exclusions
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relating to lead, asbestos, pollution, testing, underground storage tanks,
laboratory analysis, soil work, etc.). If coverage is written on a claims-made
basis, the retroactive date shall precede the effective date of the initial
Agreement and continuous coverage will be maintained or an extended
reporting period will be exercised for a period of at least three (3) years from
termination or expiration of this Agreement.
2.5Cyber Liability Insurance. Contractor shall procure and maintain Cyber
Liability insurance with limits of $1,000,000 per occurrence/loss which shall
include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination or use of the
confidential information.
b. Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services
intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property
rights.
e. Liability arising from the failure to render professional services
If coverage is maintained on a claims-made basis, Contractor shall
maintain such coverage for an additional period of three (3) years
following termination of the contract.
2.6Workers' Compensation Insurance: Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with
the certificate of insurance, a Waiver of Subrogation endorsement in favor of
the City of Palm Desert, its officers, agents, employees and volunteers.
2.7Insurance for Sub consultants: All Sub consultants shall be included as
additional insured's under the Consultant's policies, or the Consultant shall be
responsible for causing Sub consultants to purchase the appropriate
insurance in compliance with the terms of these Insurance Requirements,
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including adding the City as an Additional Insured to the Sub consultant's
policies. Consultant shall provide to City satisfactory evidence as required
under Insurance Section of this Agreement.
2.8Proof of Insurance: Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. Current certification of insurance shall be kept on file
with City at all times during the term of this contract. City reserves the right to
require complete, certified copies of all required insurance policies, at any
time.
2.9 Duration of Coverage: Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the
performance of the Work hereunder by Consultant, his agents,
representatives, employees or sub consultants.
2.10 City's Rights of Enforcement: In the event any policy of insurance
required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by City will be promptly
reimbursed by Consultant or City will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, City may cancel this
Agreement.
2.11 Acceptable Insurers: All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VI
(or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
2.12 Waiver of Subrogation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
the City of Palm Desert, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow Consultant or others
providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against the City of Palm Desert, and shall require similar written
express waivers and insurance clauses from each of its subconsultants.
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2.13 Enforcement of Contract Provisions (Non Estoppel): Consultant
acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Consultant of non-compliance with any requirement imposes no
additional obligations on the City nor does it waive any rights hereunder.
2.14 Primary and Non-Contributing Insurance: All insurance coverage's
shall be primary and any other insurance, deductible, or self-insurance
maintained by the indemnified parties shall not contribute with this primary
insurance. Policies shall contain or be endorsed to contain such provisions.
2.15 Requirements Not Limiting: Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature is
for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
2.16 Notice of Cancellation: Consultant agrees to oblige its insurance agent
or broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is
required) or nonrenewal of coverage for each required coverage.
2.17 Additional Insured Status: General liability, Automobile Liability, and if
applicable, Pollution Liability, policies shall provide or be endorsed to provide
that the City of Palm Desert and its officers, officials, employees, and agents
shall be additional insured's with regard to liability and defense of suits or
claims arising out of the performance of the Agreement, under such policies.
This provision shall also apply to any excess liability policies.
2.18 City's Right to Revise Specifications: The City reserves the right at any
time during the term of the contract to change the amounts and types of
insurance required by giving the Consultant ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to
the Consultant, the City and Consultant may renegotiate Consultant's
compensation.
2.19 Self-Insured Retentions: Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance
will not be considered to comply with these specifications unless approved by
City.
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2.20 Timely Notice of Claims: Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies.
2.21 Safety: Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state
and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety
precautions, where applicable, shall include, but shall not be limited to: (A)
adequate life protection and lifesaving equipment and procedures; (B)
instructions in accident prevention for all employees and subconsultants, such
as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
2.22 Additional Insurance: Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
SECTION THREE: LEGAL RELATIONS AND RESPONSIBILITIES
3.1 Compliance with Laws: Consultant shall keep itself fully informed of all
existing and future state and federal laws and all county and city ordinances
and regulations which in any manner affect those employed by or it or in any
way affect the performance of services pursuant to this Agreement.
Consultant shall at all times observe and comply with all such laws,
ordinances, and regulations and shall be responsible for the compliance of all
work and services performed by or on behalf of Consultant. When applicable,
Consultant shall not pay less than the prevailing wage, which rate is
determined by the Director of Industrial Relations of the State of California.
3.2 Licenses, Permits, Fees, and Assessments: Consultant shall obtain at its
sole cost and expenses all licenses, permits, and approvals that may be
required by law for the performance of the services required by this
Agreement. Consultant shall have the sole obligation to pay any fees,
assessments, and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for Consultant's performance
of the services required by this Agreement, and shall indemnify, defend, and
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hold harmless City against any such fees, assessments, taxes, penalties, or
interest levied, assessed, or imposed against City thereunder.
3.3Covenant Against Discrimination: Consultant covenants for itself, its heirs,
executors, assigns, and all persons claiming under or through it, that there
shall be no discrimination against any person on account or race, color,
creed, religion, sex, marital status, national origin, or ancestry, in the
performance of this Agreement. Consultant further covenants and agrees to
comply with the terms of the Americans with Disabilities Act of 1990 (42
U.S.C. §12101 et. seq.) as the same may be amended from time to time.
3.4lndependent Consultant: Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to
City a wholly independent contractor. City shall not in any way or for any
purpose become or be deemed to be a partner of Consultant in its business
or otherwise, or a joint venture, or a member of any joint enterprise with
Consultant. Consultant shall not at any time or in any manner represent that it
or any of its agents or employees are agents or employees of City. Neither
Consultant nor any of Consultant's employees shall, at any time, or in any
way, be entitled to any sick leave, vacation, retirement, or other fringe
benefits from the City; and neither Consultant nor any of its employees shall
be paid by City time and one-half for working in excess of forth (40) hours in
any one week. City is under no obligation to withhold State and Federal tax
deductions from Consultant's compensation. Neither Contractor nor any of
Consultant's employees shall be included in the competitive service, have any
property right to any position, or any of the rights an employee may have in
the event of termination of this Agreement.
3.5 Use of Patented Materials: Consultant shall assume all costs arising from
the use of patented or copyrighted materials, including but not limited to
equipment, devices, processes, and software programs, used or incorporated
in the services or work performed by Consultant under this Agreement.
Consultant shall indemnify, defend, and save the City harmless from any and
all suits, actions or proceedings of every nature for or on account of the use of
any patented or copyrighted materials.
3.6 Proprietary Information: All proprietary information developed specifically
for City by Consultant in connection with, or resulting from, this Agreement,
including but not limited to inventions, discoveries, improvements, copyrights,
patents, maps, reports, textual material, or software programs, but not
including Consultant's underlying materials, software, or know-how, shall be
the sole and exclusive property of City, and are confidential and shall not be
made available to any person or entity without the prior written approval of
City. Consultant agrees that the compensation to be paid pursuant to this
Agreement includes adequate and sufficient compensation for any proprietary
information developed in connection with or resulting from the performance of
Consultant's services under this Agreement. Consultant further understands
agrees that full disclosure of all proprietary information developed in
connection with, or resulting from, the performance of services by Consultant
under this Agreement shall be made to City, and that Consultant shall do all
things necessary and proper to perfect and maintain ownership of such
proprietary information by City.
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3.7 Retention of Funds: Consultant hereby authorizes City to deduct from any
amount payable to Consultant (whether arising out of this Agreement or
otherwise) any amounts the payment of which may be in dispute hereunder or
which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and all amounts for which City may be liable to
third parties, by reason of Consultant's negligent acts, errors, or omissions, or
willful misconduct, in performing or failing to perform Consultant's obligations
under this Agreement. City in its sole and absolute discretion, may withhold
from any payment due Consultant, without liability for interest, an amount
sufficient to cover such claim or any resulting lien. The failure of City to
exercise such right to deduct or withhold shall not act as a waiver of
Consultant's obligation to pay City any sums Consultant owes City.
3.8Termination by City: Either party reserves the right to terminate this
Agreement at any time, with or without cause, upon written notice to other
party. Upon receipt of any notice of termination from City, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved in writing by City. Consultant shall be entitled to compensation for
all services rendered prior to receipt of City's notice of termination and for any
services authorized in writing by City thereafter. If termination is due to the
failure of Consultant to fulfill its obligations under this Agreement, City may
take over the work and prosecute the same to completion by contract or
otherwise, and Contract shall be liable to the extent that the total cost for
completion of the services required hereunder, including costs incurred by
City in retaining a replacement contractor and similar expenses, exceeds the
Budget.
3.9Right to Stop Work: Termination by Consultant: Consultant shall have the
right to stop work only if City fails to timely make a payment required under
the terms of the Budget. Consultant may terminate this Agreement only for
cause, upon thirty (30) days' prior written notice to City. Consultant shall
immediately cease all services hereunder as of the date Consultant's notice
of termination is sent to City, except such services as may be specifically
approved in writing by City. Consultant shall be entitled to compensation for
all services rendered prior to the date notice of termination is sent to City and
for any services authorized in writing by City thereafter. If Consultant
terminates this Agreement because of an error, omission, or a fault of
Consultant, or Consultant's willful misconduct, the terms of Section 3.8
relating to City's right to take over and finish the work and Consultant's liability
therefore shall apply.
3.10 Waiver: No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be
construed as a waiver. A party's consent to or approval of any act by the
other party requiring the party's consent or approval shall not be deemed to
waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing.
3.11 Legal Actions: Legal actions concerning any dispute, claim, or matter
arising out of or in relation to this Agreement shall be instituted an maintained
in the Municipal and Superior Courts of the State of California in the County of
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Riverside, or in any other appropriate court with jurisdiction in such County,
and Consultant agrees to submit to the personal jurisdiction of such court.
3.12 Rights and Remedies are Cumulative: The rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any
other default by the other party.
3.13 Attorneys' Fees: In any action between the parties hereto seeking
enforcement of any of the terms or provisions of this Agreement or in
connection with the performance of the work hereunder, the party prevailing
in the final judgment in such action or proceeding, in addition to any other
relief which may be granted, shall be entitled to have an recover from the
other party its reasonable costs and expenses, including, but not limited to,
reasonable attorney's fees, expert witness fees, and courts costs. If either
party to this Agreement is required to initiate or defend litigation with a third
party because of the violation of any term of provision of this Agreement by
the other party, then the party so litigating shall be entitled to its reasonable
attorney's fees and costs from the other party to this Agreement.
3.14 Force Majeure: The time period specified in this Agreement for
performance of services shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence
of City or Consultant, including, but not restricted to, acts of God or of the
public enemy, unusually severe weather, fires, earthquakes, floods,
epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including City, if the
delaying party shall within ten (10) days of the commencement of such delay
notify the other party in writing of the causes of the delay. If Consultant is the
delaying party, City shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced
delay when and if in the judgment of such delay is justified. City's
determination shall be final and conclusive upon the parties to this
Agreement. In no event shall Consultant be entitled to recover damages
against City for any delay in the performance of this Agreement, however
caused. Consultant's sole remedy shall be extension of this Agreement
pursuant to this Section 3.14.
3.15 Non-Liability of City Officers and Employees: No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Consultant, or any successor in interest, in the event of any default or
breach by City, or for any amount which may become due to Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
3.16 Conflict of Interest. No officer, official, employee, agent, representative,
or volunteer of City shall have any financial interest, direct or indirect, in this
Agreement, or participate in any decision relating to this Agreement which
affects his or her financial interest or the financial interest of any corporation,
partnership, or association in which he or she is interested, in violation of any
Federal, State, or City statue, ordinance, or regulation. The Consultant shall
not employ any such person while this Agreement is in effect.
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SECTION FOUR: MISCELLANEOUS PROVISION
4.1 Records and Reports: Upon request by City, Consultant shall prepare and
submit to City and reports concerning Consultant's performance of the
services rendered under this Agreement. City shall have access, upon
reasonable notice, to the books and records of Consultant related to
Consultants performance of this Agreement in the event any audit is required.
All drawings, documents, and other materials prepared by Consultant in the
performance of this Agreement (i) shall be the property of City and shall be
delivered at no cost to City upon request of City or upon the termination of
this Agreement, and (ii) are confidential and shall not be made available to
any individual or entity without prior written approval of City. Consultant shall
keep and maintain all records and reports related to this Agreement for a
period of three (3) years following termination of this Agreement, and City
shall have access to such records in the event any audit is required.
4.2Notices: Unless otherwise provided herein, all notices required to be
delivered under this Agreement or under applicable law shall be personally
delivered, or delivered by United States mail, prepaid, certified, return receipt
requested, or by reputable document delivery service that provides showing
date and time of delivery. Notices personally delivered or delivered by a
document delivery service shall be effective upon receipt. Notices delivered
by mail shall be effective at 5:00 p.m. on the second calendar day following
dispatch. Notices to the City shall be delivered to the following address:
OFFICE OF THE CITY CLERK
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Notices to Contractor shall be delivered to the address set forth below:
CONSULTANT
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RFP — BUILDING AND SAFETY - Microfiche Record Conversion
4.3Construction and Amendments: The terms of this Agreement shall be
construed in accordance with the meaning of the language used and shall not
be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply. The
headings of sections and paragraphs of this Agreement are for convenience
or reference only, and shall not be construed to limit or extend the meaning of
the terms, covenants and conditions of this Agreement. This Agreement may
only be amended by the mutual consent of the parties by an instrument in
writing.
4.4Severability: Each provision of this Agreement shall be severable from the
whole. If any provision of this Agreement shall be found contrary to law, the
remainder of this Agreement shall continue in full force.
4.5Authority: The person(s) executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) the entering into this Agreement does
not violate any provision of any other Agreement to which said party is bound.
4.6Special Provisions: Any additional or supplementary provisions or
modifications or alterations of these General Provisions shall be set forth in
this Agreement ("Special Provisions").
4.7 Precedence: In the event of any discrepancy between "Terms", "General
Provisions", "Special Provisions", and/or "Scope of Services", "Special
Provisions" shall take precedence and prevail.
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RFP — BUILDING AND SAFETY - Microfiche Record Conversion
II.SCOPE OF SERVICES
• The removal and transportation of all microfiche records from the Department
of Building and Safety by the contractor. Safeguarded and suitably protected
during transportation from loss, physical damage, and weather elements
which would harm the quality of image. These records must be securely
stored while in the possession of the contractor. These records must stay
within the United Sates.
• All microfiche records are to be transferred or converted into a Tagged Image
File Format (TIFF) per the City's Information Systems Department.
• The electronic and physical microfiche records are to be delivered to the
Department of Building and Safety. The transportation and delivery of these
records shall be safeguarded and suitably protected during transportation
from loss, physical damage, and weather elements which would harm the
quality of image.
• All returned records will be reviewed for quality control. Records not meeting
the required quality will be returned for further processing in the same manner
as new and returned records.
• The City desires the option to destroy some or all original records scanned.
In order to do so, the quality of scanned documents and the diligence of
quality control must be superior.
• The City must have access to all City documents in the Contractor's
possession upon request, with a hard copy or electronic file provided within
24 hours.
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