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Home My WebLink AboutGRAFFITI TRACKER INC. 1C - 2009 +NSURANC~,~I~~T,,:,.. ,' :QED I7ArF .~ ~~ cy ~'~ d (~' b y v THIRD AMENDMENT TO AGREEMENT A-2009-101 THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 6, 2009, by and between Graffiti Tracker, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2007-037, dated February 5, 2007, (hereinafter "said Agreement") by which Consultant has provided graffiti analysis and tracking services. B. Said Agreement was amended by the parties on September 6, 2007, to provide additional compensation as the number of graffiti photos analyzed by Consultant was greater than originally estimated by the parties. C. Said Agreement was again amended on November 11, 2007 to provide unlimited site licenses for City access to the GAITS system, extend the term and provide compensation during the extended term. D. In order to continue to provide graffiti analysis and access to the GAITS system, and in accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the Term and increase Compensation pursuant to said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, "Contractor's Services", shall be deleted in its entirety and replaced with the following: a. "Scope and Level of Services. The nature, scope, and level of the specific services to be performed by Contractor are as set forth in Exhibit A-2, attached to this Third Amendment to Agreement, and incorporated herein as though set forth in full. Agency is retaining Contractor pursuant to this Agreement on anon-exclusive basis and reserves the right to retain other professionals to perform similar service if Agency determines such services are needed. b. Time of Performance. The services shall be performed in a timely manner and on a regular basis in accordance with the written instruction of the Contract Administrator. Time is of the essence in the performance of this Agreement." w Z 2. Section 4, "Term of Agreement", shall be deleted in its entirety and replaced with the following: This Agreement shall commence February 5, 2007 and terminate June 30, 2010, unless earlier terminated pursuant to Section 13. The term may be extended upon mutual agreement of both parties." 3. Section 5, "Compensation", shall be deleted in its entirety and replaced with the following: "a. Commencing July 1, 2009, City agrees to compensate Contractor for its se~jces according to the fee and payment schedule set forth in Exhibit B ~„ attached hereto and incorporated by reference. b. The total compensation and costs payable to Contractor under this Agreement shall not exceed the sum of $120,000.00 during the 2009-2010 fiscal year, unless specifically approved by the City Council. Said fee is based on the number of photos analyzed weekly." 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement as of the date first written above. ATTEST: By:~ - ~L ~Jvu. Pa±ricia E. Healy `'~ ~`~ City Clerk CITY OF SANTA ANA B ~ ~~ ~~-- y: David N. Ream City Manager APPROVED AS TO FORM: ,~ Joseph W. Fletcher y ~ City Attorney GRAFFIT-1 TRA6N ;~ By: ~ --._'~~ Timothy M. President ~ - _ - _. art EXHIBIT A-2 SCOPE OF SERVICES (July 1, 2009 through June 30, 2010) Graffiti Tracker Incorporated will establish a graffiti tracking methodology to assist the City and law enforcement officials to reduce graffiti vandalism in the City of Santa Ana. Contractor grants to City, a site license for access to the Graffiti Tracker system. Permission from the Contract Administrator will be required for anyone to have access to this system. Upon permission being granted for access to the system, a username and password will be given to those individuals, and they will be granted an "Operator" level access to the GAITS system. This lease will be in effect for the duration of the contract. In addition, Graffiti Tracker Inc will continue to provide the following services, as set forth in the original Scope of Services, attached as Exhibit A to said Agreement: a. Train designated personnel to use digital, GPS camera(s) b. Establish graffiti tracking protocols, including a standardized method to determine square footage depicted in a photo. c. Provide limited customization of photo labeling, including reporting information such as whether it is a "Hot Line call", public/private property, square footage of graffiti, removal methods, and other memo fields as agreed between Consultant and City. d. Train personnel on proper photo uploading procedures. e. Analyze all graffiti data and make graffiti intelligence available via the Graffiti Tracker system. f. Provide access to the web based Graffiti Tracker program twenty-four hours a day, seven days a week until contract ends. g. Provide training to all designated personnel on how to utilize the Graffiti Tracker system. h. Submit a monthly report to the Contract Administrator setting forth the number of photos received from Santa Ana, those analyzed and duplicates deleted. The City of Santa Ana will receive all the above-mentioned services for 12 months during the amendment period, from July 1, 2009 through June 30, 2010. The Graffiti Tracker system is a web-based program. There is no software necessary to install. As a result, there are no restrictions to the number of users that may access the system. The above-mentioned package includes continual upgrades at no additional cost. EXHIBIT B-2 Price Estimate We estimate the City of Santa Ana to average in a range between 2,000 to 3,500 photos of graffiti per week. Based on an average of 14,000 photos per month, the total contract amount for the twelve-month time period commencing July 1, 2009 and ending June 30, 2010 will be $96, 000.00. Effective upon the signing of this contract, an invoice for $48,000.00 will be submitted by the Contractor to the Contract Administrator. The second invoice will be submitted in January 2010. Payment should be processed and received no later than 30 calendar days from the date invoice is submitted. Commencing July 1, 2009, if the average number of photos submitted by City exceeds 14,000 per month, for three consecutive months, the Contractor may retroactively invoice City, an additional $2,000 per month for those months in which the total exceeds 14,000 photos. In such case, the maximum monthly charge to the City will not exceed $10, 000. Contractor and City shall reevaluate the performance of this contract each June. That evaluation will include a calculation of the number of photos analyzed on a monthly basis during the prior year. Based on that evaluation, the parties may agree to adjust the contract price, however, Contractor will continue to set City's obligation at Contractor's next lower price level. Contractor will not be required to work on the following ten holidays 1. January 1 (New Year's Day) 2. The third Monday in January (Dr. Martin Luther King Jr. Day) 3. The third Monday in February (President's Day) 4. March 31st (Cesar Chavez Day) 5. The last Monday in May (Memorial Day) 6. July 4 (Independence Day) 7. The first Monday in September (Labor Day) 8. November 11 (Veteran's Day) 9. The fourth Thursday in November (Thanksgiving Day) 10. December 25 (Christmas Day)