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HomeMy WebLinkAbout25H - AGMT - DIGITAL MAP SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: AGREEMENT WITH DIGITAL MAP PRODUCTS FOR GEOGRAPHIC INFORMATION SYSTEM DATA SERVICES (STRATEGIC PLAN NO. 6, 1G) /ITY11 NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _..T6 _0, ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Digital Map Products to provide and maintain landbase data, digital orthophotography, and access to a cloud - based map- viewing application, for the three -year term beginning April 16, 2017, and ending April 15, 2020, with the option to extend for an additional two -year term exercisable by the City Manager and the City Attorney, in an amount not to exceed $100,000 in the first year and $85,000 per year subsequent years of the agreement, for a total amount not to exceed $440,000, including the optional extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency uses a Geographical Information System (GIS), a computerized database management system for storage, management, analysis, and display of geographic data. Effective GIS systems require landbase data such as right -of -way, street centerlines, street names, and parcel ownership data must be on the system and must be continuously updated. The City also licenses digital orthophotography (an aerial photograph of the city), which is a computerized image of the city used for viewing and producing various maps. These digital images, along with many layers of data and maps, are available on the City's intranet and are valuable for population analysis, assisting with permit processing, engineering project design, emergency response planning, and historical references. A Digital Terrain Model (DTM) is a computerized reference file that provides precise elevation information for all areas of the City. This file can be used in storm drain analysis and is also useful in water modeling applications. This agreement will allow the City to receive an updated DTM during the first year for an additional cost. The City currently has access to a cloud -based GIS map viewer application, which allows the City to provide spatially related information to all city employees and the public such as zoning, land 25H -1 Agreement with Digital Map Products for GIS Data Services April 4, 2017 Page 2 use, and trash pickup for parcels located within the city. Using the cloud -based application also allows the City to save money by reducing the need to acquire and maintain internal hardware. The City has maintained an agreement for GIS data and services with Digital Map Products since 1997 (Exhibit 1). Because of this long history, the Public Works Agency determined that issuing an RFP and allowing new vendors to submit proposals would ensure that the City was receiving the best quality and value for the GIS data and services. On January 4, 2017, a Request for Proposals (RFP) was posted on the City's website seeking qualified firms to provide these GIS data and services (Exhibit 2). In order to maximize the potential responses, the RFP was split into three separate proposal options: • Option 1 - Provide the City with access to a cloud -based GIS map viewer. • Option 2 - Provide the City with access to high - resolution digital Orthophotography and DTM. • Option 3 - Provide the City with updated landbase and tax roll information. Eight firms submitted proposals, which were evaluated by PWA and PBA staff. The ranking criteria included the firm's experience and capabilities, project teams, and approaches to fulfilling the requirements of the RFP in relation to the proposal option(s) the firm selected. The proposal review committee evaluated and ranked the proposals. Proposers 1st 2nd 3rd Based on the results of the RFP process, the proposal review committee is recommending entering into an agreement with Digital Map Products to provide geographic information system services and data (Exhibit 3). 25H -2 Digital Map Option 1 Products Timmons Nobel 94.7 69 66 Digital Map Option 2 Products Tetra Tech Timmons 94.3 85 77.3 Digital Map Option 3 Products Timmons Quantum 94.7 84.3 81.3 Based on the results of the RFP process, the proposal review committee is recommending entering into an agreement with Digital Map Products to provide geographic information system services and data (Exhibit 3). 25H -2 Agreement with Digital Map Products for GIS Data Services April 4, 2017 Page 3 Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The annual cost for the first year of the agreement is $100,000. Funds in the amount of $100,000 have been budgeted and are available for expenditure in FY 2016/17 in the Public Works Admin Services fund, in the Contract Services- Professional account (No. 10117601 - 62300). Funds in the amount of $85,000 annually will be allocated in the budgets for the remaining agreement term (FY 2017/18 and FY 2018/19) and for the optional two -year extension (FY 2019/20 and FY 2020/21) as needed, in the same account. Public Works Admin Services $100,000 (No. 10117601- 62300) i Prd Mousavipour Executive Director Public Works Agency 4 Ja e Ciulla ClMef Technology Innovations Officer Information Technology Department FM /MLM /tb $85,000 $85,000 $85,000 $85,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement with Digital Map Products (A- 2012 -078) 2. Request for Proposals for Geographic Information Systems Services & Data 3. Consultant Agreement with Digital Map Products 25H -3 25H -4 ...new1 .1. 1 1.N- WOR K MAY PROCEED UNTIL INSURANCE EXPIRES 7 -P-6 -/2 CLERK OF COUNCIL DATE. �A� 1 11 DIGITAL MAP 18831 Von Karman Avenue Suite 200 Irvine, CA 92614 Address & Contact Information Customer: City of Santa Ana Contact Name: Ted Cable Billing email: TCable @santa- ana.org Billing Phone: Terms and Conditions A- 2012 -078 Agreement No. 04012012001 Proposed by: 9irn Skurzynski Silt To: 20 Civic Center Plaza Santa Ana, CA 92701 Effective Date: Apol 16, 2012 Payment Method: Check Contract End bate: Apol 15, 2017 Payment Terms: Net 30 Billing Method: email Billing Frequency:'Annuaf Provided Content Produ Term Total One -Time Fees Total Annual Fees GtyGIST" Configuration Line Items • All CityGIST" Configuration Une Items per the terms of Attachment A • GtyGIS'" + Developer API • CommunityViewT" + Developer API ArcGIS Server Integration to CityGIST" (In development) Total CityGIV Configuration Une Items 5 YR $ 30,000.00 GIS Data Configuration Une Items • All GIS Data Configurationtine Items per the terms of Attachment B • Parcel Database (annual updates) o Orange County geographic coverage or as specified by Customer o DGN and SHP file delivery onsite • Property /Owner Attributes with onsite delivery (quarterly updates) o City of Santa Ana geographic coverage + 500' • 3" Ortho Imagery with onsite delivery 0 3 updates, one each to be delivered In Year -1, Year -3 and Year -S o Geographic constraint to match current deliverable o Onsite delivery In either .t1f, .jpg, .ecw or Mr. SID 0 DiM and DEM available but not included in this order o Grid not produced in this capture process 0 Contours not included in this order Total GIS Data Configuration S YR GIS Services Une Items • Scope of GIS Services Une Items outlined in Attachment C • CityGIST" Onsite Staff Training Sessions • Fsd Transition Services • Aerial Imagery Wall Murals (S @ 40'x 40" + B @ 66 "x66'1 o Wall murals to be delivered in Year -3 Total GIS Services Une Items 5 YR Summa Total Year 1 Fees Total Year 2 Fees Total Year 3 Fees Total Year 4 Fees Total Year 5 Fees Ex2i5kil -5 $ 33,000.00 $ 7,500.00 $ 70,500.00 $ 70,500.00 $ 70,500.00 $ 70,500.00 $ 70,50(A0 Agreement No. 04012012001 The parties agree to the terms contained herein including all exhibits and attachments. This Agreement may be executed in counterparts with the same force and effect as If executed in one complete document, ATTEST: GTTY A ANA Maria D. Huia!r Paul M. Waxers (Jerk of The Council Interim City Manager APPROVED AS TO FORM: DIGITAL MAP PRODUCTS Sonia Carvalho James Skurr/nsfo City Attorney tiva -6 r Tax ID No. RECOMMENDED FOR APPROVAL: ' Raul Godinez YI o Executive Director Public Works Agency 2g_ bHM63 Agreement No. 04012012001 Attachment A GIS License Terms J.r LICENSE, SUBSCRIPTION, AND PAYMENT 1.1 Subscription License, Subject to the terms of this Agreement, DMP grants to Customer a limited, non - exclusive, non- transferable, and non - assignable license to access and use the City(337" Configuration Une Items, hereinafter referred to as Provided Content. Customer's access and use of the Provided Content shall be solely for Its normal Intemal business activities by its employees and consistent with Customer's representations to DMP. Customer agrees not to sell, pledge, assign, sub - license or otherwise transfer to any third party the Provided Content: The Provided Content shall be viewed solely through authorized access of the Web site. 1.2 Data Sublicense. Subject to the terms of this Agreement and Attachment A, Ucensee hereby accepts, a non-exclusive, non- transferable, and non-assignable right and sublicense to use the GIS Data Configuration Une Items In the Provided Content solely for the Purpose described, herein, from the Effective Date hereof until this Agreement is terminated or expires in accordance with Its terms. 13 Payment for the License and Subscription. In exchange for the license or services granted, the Customer agrees to pay all the fees listed on the Order Form. All invoices are due upon receipt and are payable in accordance with the payment schedule. Any invoice not paid within thirty (30) days of Its scheduled payment date shall be considered past due. 1.4 Non - Payment or Failure to Pay. If Customer's access and use is terminated or suspended due to non- payment or non - compliance, Customer shall nonetheless still be responsible for any fees as set forth in this Agreement. If DMP does not receive from Customer payment for the invoiced amount within thirty (30) days of Its due date, DMP may suspend Customer's access and use of the Provided Content, until Customer brings its account current. 2. DURATION OF AGREEMENT &TERMINATION 2.1 Term of Agreement This Agreement will continue for the period defined in the Order Form as the Initial Term. Upon termination of this Agreement, all licenses granted by DMP under this Agreement are immediately revoked. 2.2 Termination by Customer. DMP shall have the right to make a material modification to any of the content of, or discontinue any of the content of the Provided Content at any time with ninety (90) days prior written notice to Customer. Upon receipt of such notice from DMP, Customer may terminate this Agreement as of the effective date of the change by providing written notice to DMP at least.thirty (30) days prior to the effective date of the change. 3. WARRANTY & LIMITATION OF LIABILITY 3.1 Limited Warranty. Each party represents and warrants that It has full power and authority to enter Into this Agreement. Each party will Indemnify and defend the other and its officers, directors, employees, and agents from third party claims arising out of or related to a breach of such party's representation or warranty in this Agreement. 3.2 Disclaimed Warranties. Except for any express warranties, DMP and each contributor to the Provided Content disclaims all warranties, including but not limited to any warranty of design, merchantability, fitness for a particular purpose, and against infringement DMP and each contributors make no representation or warranties that the Provided Content is accurate and free of errors and/or omissions. As such the Provided Content is not suitable for use in emergencies. Customer accepts the Provided Content on an "as is ", "as available" basis. 3.3 Limitation of Liability, DMP shall not be liable for any loss, injury, daim, or damage of any kind resulting In any way from Customer's use of the Provided Content (regardless of any assistance from DMP in using the content) or from any delay or failure In performance beyond the reasonable control of DMP. The aggregate and maximum liability of DMP in connection with any claim arising out of or relating to this Agreement shall be limited to a refund of 12 months of fees and taxes paid by Customer to DMP. DMP shall not be liable for any special, Indirect, inddentai, or consequential damages of any kind whatsoever (including attorneys' fees) arising In connection with Customer's use of the Web site, Provided Content, or the failure of DMP to perform its obligations, regardless of any negligence alleged. . s Agreement No. 04012012001 4. RULES AND OBLIGATIONS 4.1 Ownership. Customer acknowledges that the Web site and Provided Content are the intellectual property (patent, trademark, trade dress, copyright, trade secret) of DMP and agrees not to Infringe DMP's intellectual property rights. 4.2 Copyright. Customer understands that DMP licenses copyrighted content and also understands that access and use of this copyrighted content is restricted by this agreement, DMP's copyrights and by the licenses granted to DMP by third parties. 43 Rights Reserved by DMP. Except for the license rights granted in this Agreement, DMP retains all rights in the Provided Content, 4.4 Preservation of Notices. Customer agrees to Include, and will not remove or obscure, any copyright, trademark, patent, or other notices appearing on the Web site and Provided Content including any visual or hardcopy depictions of the same (I.e. Visual Output(s) or Print Output(s)). 4.5 Trade Secrets and Confidential Information. Customer also understands that the Web site and Provided Content are based on and include proprietary trade secrets and confidential information of DMP. Customer will not modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Web site or Provided Content. To the extent allowed by law, Customer will treat the Web site and Provided Content with at least the same degree of care (and no less than a reasonable degree of care) as that which it treats its own trade secrets and confidential Information. 4.6 Consent to Use of Data. Customer agrees that DMP may collect and use technical information gathered as part of the product support services provided to the Customer under this Agreement. DMP may use this information solely to improve DMP's products or to provide customized services or technologies. 43 Works By DMP. Customer agrees that any works commissioned or undertaken by DMP pursuant to this Agreement shall be and remain the property of DMP, 4.8 New Use. Customer agrees that any use of any content contained on the Web site not authorized by this Agreement Is strictly prohibited. Any improvements or future methods or means of accessing or using the Provided Content are expressly reserved to DMP. Customer further agrees that only Individuals employed and authorized by the subscribing organization may access and use the Web site. 4.9 Injunctive Relief. Customer acknowledges that its use of the Provided Content for a use not specifically provided for in this Agreement. DMP will not have an adequate remedy In money or damages. As such, should Customer misuse the Provided Content, DMP and its Contributors shall have the right to seek Injunctive relief against Customer to cease the misuse of the Provided Content. S. ADDITIONAL PROVISIONS 5.1 Non - Assignability. Neither party may assign or transfer this Agreement without the prior written consent of the other party, Any unauthodzed_assignment or transfer will be null and void, and enables termination. This Agreement is binding upon any authorized successor or assignee. 512 Entire Understanding. This Agreement is the parties' entire agreement relating to Its subject, and supersedes any prior or contemporaneous agreement on that subject. Any amendment must be In writing and expressly state that it is amending this Agreement. 5.3 Governing Law & Arbitration. This Agreement is governed by California law, excluding California's choice of law rules. All disputes relating to this Agreement will be subject to binding arbitration pursuant to the rules of the American Arbitration Association or the Judicial Arbitration And Mediations Services, Inc. The exclusive place of the arbitration shall be in Orange County, California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. For the purpose of entry of judgment on such an award, the partes consent to personal jurisdiction in the courts of Orange County, California. Agreement No. 04012012001 Attachment BB GIS Data Configuration Sublicense Terms 2012 DIGITAL MAP PRODUCTS This document and any portion thereof may not be reproduced without the prior written consent of DIGITAL MAP PRODUCTS This Sublicense Agreement (Agreement) is made and entered into as of April 1, 2012 (the Effective Date) by and between Digital Map Products, Inc. (DMP') and City of Santa Ana (Licensee). Unless otherwise defined herein, all capitalized terms in this document have the respective meanings assigned to them in Section 1. RECITALS A. DMP is an authorized Sublicensor of certain Contributed Databases which are owned by third parties B. Licensee desires to acquire from DMP and DMP desires to grant to Licensee a non - exclusive right and sublicense to use the Licensed Products containing all or portions of the contributed databases solely for the Purpose hereinafter defined. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements set forth herein, the parties of this Agreement hereby agree as follows: 1. DEFINITIONS 1.1 "Contributed Database /Contributor Database" shall mean those certain Databases licensed by those certain Contributors to DMP with the right to grant sublicenses as set forth herein. The Licensed Products and Contributors relevant to this Agreement are identified In Exhibit A attached hereto and Incorporated by reference herein. 1.2 "Contributor" shall mean a third party licensor of Contributed Databases to DMP. 1.3 "Database" shall mean a compilation of geographic, cartographic, engineering, architectural, tabular, text and /or other data, Information or works, including, but not limited to, graphic and /or file data in automated or manual form. 1.4 "Derivative Databases" or "Products" shall mean all works created by Licensee which incorporate all or part of the Contributed Database, including, but not limited to, a revision, modification, translation, abridgment, condensation, expansion, collection, compilation or any other form of, or modification to the Contributed Database. 1.5 "Documentation" shall mean all manuals, user documentation, and other related materials pertaining to the Licensed Products which are furnished In order to ensure proper and /or ease of use of the databases by licensee. 1.6 "Licensed Products" shall mean those portions of the Contributed Databases set forth In Exhibit A of this Agreement. 1.8 "Peripheral Databases" shall mean any work created by Licensee that does not incorporate, or use as a base, any portion of the Contributed Database or Derivative Product. 1.9 "Purpose" shall mean the use of Licensed Products for Ucensee's normal business acidities by its employees, agents and contractors, subject to the terms and conditions herein or as hereinafter modified In accordance with Section 2. Specifically excluded from the Purpose, but not limited to, Is the public display or depiction of licensed Products using the Internet unless explicitly authorized by DMP. 1.10 Visual Output shall mean all printouts, plots, displays, photographic film, printed matter and other visual representation of data. Pe bfZ9 Agreement No. 04012012001 2. EXPANDED DEFINITION OF PURPOSE If in the future, during the tern of this Agreement, or any subsequent extensions, Licensee requires an expanded defirldon of the Purpose to meet Its normal commercial business objectives, DMP shall not unreasonably withhold such an expanded definition so long as such expanded definition does not cause Licensee to In any way compete with DMP or Contributors. 3. GRANT OF RIGHTS DMP hereby grants, and Licensee hereby accepts, subject to the terms and conditions of this Agreement, a non - exclusive, non- transferable, and non - assignabie right and sublicense to use the Licensed Products solely for the Purpose, from the Effective Date hereof until this Agreement is terminated or expires in accordance with Its terms. Licensee may produce Visual Output from the Licensed Products and /or from Derivative Products for its normal business use. Licensee may also externally distribute to Licensee's contractors, consultants and agents that Licensee engages for the Purpose as Visual Output as long as the licensee's contractors, consultants and agents do not compete with or replace current products and /or services of DMP or any of its affiliates or Contributors. Licensee shall not be precluded from charging fees for the distribution of such Visual Output provided that such fees are for the sole purpose of recouping costs consistent with Licensee's normal business practices. Without limiting the foregoing, Licensee understands and agrees that it shall In no event use any aspect of the Licensed Products to produce maps of any kind, or map-related or other information for any use or purpose other than the Purpose. Licensee may create Derivative Products to the extent that such Derivative Products contribute to the Purpose. Licensee shall be entitled to possess and use such Derivative Products, royalty -free, in perpetuity, under the terms of this Agreement, solely for the Purpose provided that use of such does not include any manner of attempt to reverse - engineer any aspect of Licensed Products. Licensee may provide copies of Derivative Products to DMP, but Licensee is not obligated to provide such copies at any time. Licensee shall have no right to assign, transfer, or sublicense any aspect of the Licensed Products, except for Derivative Products and to the extent and on the terms, agreed. As a condition for such authorization by DMP, if granted, each such other party must abide by the restrictions on Licensee's use in this Agreement and execute an agreement satisfactory to DMP. Licensee's third party contractors, agents and consultants may use the Licensed Products and Derivatives Visual Output for Licensee's Purpose provided however that said third parties do not sell, license, or otherwise distribute Licensed Products, except for Derivative Products. Licensee shall not be precluded from charging fees for the distribution of Licensed Products Visual Output and Derivative Products to third party contractors, agents and consultants provided that such fees are for the sole purpose of recouping costs consistent with Licensee's normal business practices. 4. DELIVERY 4.1 Delivery Formats. DMP shall make deliveries of the Licensed Products to Licensee In both a DGN and SHP standard format. During the term of this Agreement, should Licensee require the Licensed Products compatible with an additional GIS platform supported by DMP, DMP shall deliver such Licensed Products in the requested format within 30 days of written request therefor for a mutually agreed upon service charge. Licensed Products shall be delivered on mutually acceptable media compatible with Licensee's computer system. If Licensee has special delivery and /or format requirements, a predetermined mutually agreed upon service charge will be Included in the price of the Initial delivery and alf subsequent deliveries to which the special requirements apply. DMP shall deliver and Install the Licensed Products within thirty (30) days of DMP's receipt of this signed Sublicense Agreement. 4.2 Delivery Responsibilities. DMP shall be responsible for the delivery of all Licensed Products. Licensee shall be responsible for installation of Licensed Products and maintenance updates, or new Licensed Products. Agreement No. 04012012001 S. SUPPORT 5.1 Regular Support For the term of this Agreement DMP will provide telephone support for Licensed Products at the prevailing DMP technical consulting rates. Such support will be provided by technical staff as resources are available. 5.2 On -Call Support, Licensee may elect for On -call customer support and be provided with priority telephone access and an E -Mail address to communicate support issues to DMP for an annual fee. Normal hours of operation for On -Call Support are 8:00 a.m. to 5:00 p,m PST. A technical consultant will respond to all telephone requests submitted within four business hours and to all emergency requests within two business hours. A technical consultant will provide up to 16 hours per year of technical consulting resources required to address any specific issues as directed by licensee, Any additional resources requested by Licensee will be made available at the prevailing DMP technical consulting rates, Licensee will appoint one contact person for addressing support issues to DMP. MAINTENANCE AND MODIFICATIONS. 6.1 Maintenance Update Schedule. Licensee shall receive Database updates to the Licensed Products according to the dates outlined on the Order Form, 6.2 Errors in the Licensed Product. licensee may identify errors in the Licensed Product to DMP, but Licensee shall not be responsible for correcting such errors. Any errors detected by Licensee and identified to DMP in writing shall be forwarded to Contributors. Contributors shall investigate all errors and may at their sole discretion decide to fix such errors in which case such corrections shall be included In the next scheduled update of the Licensed Product to Licensee. DMP shall provide written feedback to Licensee with respect to the disposition of all errors communicated to DMP in writing. LICENSE FEES PAYMENT AND ACCEnTAUCE, 7.1 License Fees and Payments. in consideration of the license rights granted in Section 3 above, Licensee shall pay license fees for the Licensed Products and Other Products /Services as set forth on the Order Form, plus all applicable taxes. Ali applicable fees shall be invoiced annually at the beginning of each contract year. Licensee shall be invoiced in -full upon delivery and Licensee will pay the invoiced amount to DMP in -full within sixty (60) days from date of Invoice. 7,2 Other Products /Services. Other Products /Services included with licensed Products and corresponding fees have been itemized on the Order Form. B. PROTECTION OF LICENSED PRODUCT. 8.1 Proorietary Notices. Contributors claim and reserve all ownership and rights afforded at law and in equity in all data, compilations, and materials that constitute the licensed Products, including, but not limited to, all rights under federal copyright law. Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality, or other proprietary notice, mark, or legend appearing on the licensed Product or an the Visual Output, including, but not limited to, any such notices displayed to the user during the operation of the Licensed Products and any such notices in the Documentation, and agrees to use its best efforts to reproduce and Include the same on any copy of the Licensed Product or any portion thereof distributed to Licensee's consultants, agents and contractors. Map printouts and plots shall bear the following notice: Copyright 2012, All Rights Reserved Licensee shall use the same reasonable effort to include the above notice on all Visual Output and shall at all times exert no lesser effort than that Licensee uses to protect Licensee's own intellectual property. Licensee further agrees to use its best and reasonable efforts to require all contractors, consultants and agents using the licensed Products, as provided in Section 3, to Include the above notice on all Visual Output. 8.2 Ownershil . Licensee further acknowledges that the Licensed Products in any form provided by DMP and any copies thereof, Including, without limitation, all portions of the Derivative Products that are copied from or based on the licensed Products, are the sole property of Contributors. Except for the rights expressly granted to Licensee herein, Licensee shall not have any right, title, or interest in or to such portions of the Derivative Products or to the Database or Documentation or any copies of any of the foregoing except as expressly provided in this Agreement, and further shall secure and protect the Database consistent the terms of this Agreement. DMP and Contributors make no claim of ownership or copyright In or to any original data contributed by Licensee to the licensed Products or Derivative Products. All copyrights associated with the Licensed Product and relevant Contributed Databases and all other rights thereto not specifically granted to the licensee in this Agreement are reserved by DMP. Nothing contained in this Agreement shall be construed as conferring any license or right with respect to any trademark, trade name, brand name, or the corporate name of DMP or Contributors. ZA'7 N131 Agreement No. 04012012001 8.3 Licensee's Qynershio. DMP acknowledges that the Peripheral Products in any form, and any copies thereof, including, without limitation, any portion thereof which may have been given to DMP, are the sole property of Licensee. DMP shall not have any right, title, or interest In or to said Peripheral Products or the Peripheral Products data or documentation or any copies of the foregoing except as expressly provided In this Agreement. DMP shall secure and protect Peripheral Products consistent with the terms of this Agreement. All copyrights associated with Peripheral Products, and all other rights thereto not specifically granted to DMP in this Agreement are reserved by Licensee. Nothing contained in this Agreement shall be construed as conferring any license or right upon DMP or Contributors with respect to any Ucensee logo, seal, product name, or the corporate name of Ucensee. 9. CONFIDENTIALITY AND INJUNCTIVE RELIEF. 9.1 Acknowledgment. Licensee hereby acknowledges and agrees that the Licensed Products are valuable and proprietary, embodying substantial creative efforts, trade secrets, and confidential Information, Ideas, and expressions of Contributors or DMP. Accordingly, Ucensee agrees to treat the Licensed Products as confidential information in accordance with the confidentiality requirements and conditions set forth below, 9.2 Acknawledament. DMP hereby acknowledges and agrees that the Derivative Products and /or Peripheral Products are - valuable proprietary products, embodying substantial creative efforts, trade secrets, and confidential information, ideas and expressions of Licensee, Accordingly, DMP agrees to treat (and take precautions to ensure that Its employees treat) the Derivative and /or Peripheral Products as confidential information of the Licensee in accordance with the confidentiality requirements set forth below. 9.3 Iniunctive Relief. Ucensee acknowledges that the unauthorized use, transfer, assignment, sublicensing, or. disclosure. of the Licensed Products, Documentation, Derivative Products or copies thereof will (1) substantially diminish the value to Contributors of the trade secrets, copyrights, and other proprietary interests that are the subject of this Agreement; (ii) render DMP's remedy at law for such unauthorized use, disclosure, or transfer Inadequate; and (iii) cause irreparable injury. If Ucensee . breaches any of Its obligations with respect to the use or confidentiality of the Licensed Products, Documentation, or Derivative Products, DMP shall be entitled to equitable relief to protect Its Interests therein, including, but not limited to, preliminary and permanent injunctive relief. 9.4 I1r junctive Relief. DMP acknowledges that the unauthorized use, transfer, assignment, sublicensing, or disclosure of the Peripheral Products and /or Derivative Products or copies thereof will Cl) substantially diminish the value to Licensee of the Peripheral Products and /or Derivative Products; (ii)' render Licensee's remedy at law for such unauthorized use, disclosure, or transfer Inadequate; and (iii) cause immediate irreparable injury, If DMP breaches any of Its obligations with respect to the use or confidentiality of the Peripheral Products and /or Derivative Products, Licensee shall be entitled to equitable relief to protect Its interests therein, including, but not limited to, preliminary and permanent injunctive relief, 9.5 Maintenance of Confidential Information. Each party agrees to keep confidential all confidential Information disclosed to it by other party in accordance herewith, and to protect the confidentiality thereof, In the same manner in which it protects the confidentiality of similar information and data of Its own (at all times exerdsing at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have such obligation with respect to the use or disclosure to others of any confidential information that can be established to have: (a) been known publicly, (b) been known generally in the industry before communication by the disclosing party; (c) become known publicly, without fault on the part of the receiving party, subsequent to disclosure by the disclosing party; (d) been known otherMse by the receiving party before communication by the disclosing party; (e) been received by the receiving party without any obligation of confidentiality from a source (other than DMP) lawfully having possession of such information or, (f) which is required to be disclosed pursuant to any local, state or federal law or regulation. Upon (presentation of just cause and) ten (10) days' written notice to Ucensee, DMP shall have the right to inspect and audit Licensee's procedures and to examine Licensee's computer systems In order to determine whether such procedures and computer systems comply with the requirements set forth in this Agreement. r �s••• 10.1 Limited Warranty. DMP represents and warrants to Ucensee that the Licensed Product will perform in all material respects. DMP further represents and warrants that it has the right to enter into this Agreement and to grant Licensee the rights granted hereunder. Should DMP be In breach of its representation and warranty under this Section 10.1, DMP's entire liability and Licensee's exclusive remedy under this Agreement shall be, at DMP's option, which option shall be exercised, within thirty (30) business days from the date of Licensee's notice of breach, either (1) return the Licensed Product(s) in exchange for the full refund of all of the fees paid for such Licensed Product, or (ii) repair or replace the Licensed Product upon Its return to DMP provided, however, that DMP receives written notice from Licensee of a breach of warranty. Any replacement Licensed Product will be warranted for the remainder of this Agreement. MtH-Dl 2 Agreement No. 04012012001 10.2 Infringement. (a) If any action or proceeding brought against Licensee is based on a claim of infringement arising out of Licensee's use of all or any portlonof a Contributed Database included in the Licensed Products, and if Licensee notifies DMP within thirty (30) days after the receipt of knowledge of any such action or proceeding, DMP shall, at Its own expense, do the following to assure continuation of the use of the Licensed Products and Documentation: (i) procure for Licensee the right to continue to use any part of the licensed Product and Documentation affected by such action or proceeding; or (li) replace or modify, with Licensee's approval, any Ucensed Products and Documentation determined to be Infringing such that the infringement is removed; or (Ili) failing (i) or (ii) above reimburse Licensee for the pro rata portion of the Licensed Products license fee paid to DMP by Licensee, If any, for any period in which Licensee Is unable to use the Licensed Product as a result of such action or proceeding. licensee shall exert its best efforts to cooperate with DMP in DMP's defense of such actions and proceedings. DMP shall give Ucensee prompt wr tier notice of any potential infringement problems of which it becomes aware. (b) Notwithstanding anything to the contrary contained herein, DMP and Contributors shall have no warranty, liability or obligation with respect to Peripheral Products or to any modifications of the Database by Licensee if, absent the incorporatlon of the Licensed Products or modifications made by Licensee, the claim of infringement would not have occurred. Further, if any claim, suit or demand is asserted by a third party that as a result of modifications by the Licensee, the Licensed Products as so modified infringes on intellectual property right of the third parry or that Peripheral Products infringe on Intellectual property right of the third party, Licensee shall defend, indemnify and hold harmless DMP with respect to any and all losses, necessary and reasonable costs, liabilities or damages resulting from or in conjunction with such claim (including reasonable and necessary attomeys' fees) and any judgment that may be awarded against DMP to the extent based upon such Licensee made modification or Peripheral Product. 10.3 Disclaimer of Warranties, THE WARRANTIES STATED IN SECTION 10,1 ABOVE ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY DMP. THERE ARE NO OTHER WARRANTIES RESPECTING THE LICENSED PRODUCT, DOCUMENTATION, OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT, EVEN IF DMP HAS BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF DMP I5 AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF DMP AS SET FORTH HEREIN. 10.4 Urnitaflon of Liability (a) Except as otherwise expressly set forth in this Agreement, neither DMP, Contributors nor Licensee shall be liable to any of the others for any special, Indirect, incidental or consequential damages resulting from a breach of this Agreement including, but not limited to, loss of use of or under - utilization of labor or facilities, loss of revenue or anticipated profits, or claims of customers, resulting from performance or nonperformance of the obligations under this Agreement. . (b) Except for claims of Infringement or unauthorized disclosure of the other party's proprietary or confidential information, any provision herein to the contrary notwithstanding, the maximum liability of DMP to any person, firm, or corporation whatsoever arising out of or in connection with any license, use, or other employment of the Database delivered to Licensee hereunder, when such liability arises from any claim based on breach or repudiation of contract or warranty, shall in no case exceed the actual Ucensed Product License Fee paid to DMP by Licensee for the licensed Product, the license, use, or other employment of which gives rise to the liability, 11. TERM OF AGREEMENT. This Agreement shall be effective on the Effective Date and shall continue in effect commensurate with the tents specified on the Order Form, unless terminated in accordance with the terms and conditions of Section 12, 12, DEFAULT AND TERMINATION, 12.1 Events of Default. This Agreement may be terminated by the non - defaulting party if any of the following events of default occur: (a) a party materially fails to perform or comply with this Agreement or any provision hereof, (b) a party fails to stricdy comply with the provisions of Section 8 (Protection) or of Section 9 (Confidentiality, and Injunctive Relief) or makes an assignment in violation of Section 18 (Non - assignability); (c) any transfer, sale, merger, or acquisition of more than fifty percent (50 %) of the issued and outstanding shares or assets of either party; (d) a party ceases doing business, becomes insolvent or admits In writing its inabllity to pay its debts as they mature, or makes an assignment for the benefit of creditors; (e) a petition under any foreign, state, or United States bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by a party; (f) such a petition is Flied by any third party, or an application for a receiver is made by anyone and such petition or application is not resolved favorably within ninety (90) days. 1298 -f1--3 Agreement No. 04012012001 12.2 affective Date of Termination. Termination under subparagraphs 12.1(b); (c), (d), (e), or (f) above shall be effective on notice. Termination under subparagraph 12.1 (a) shall be effective thirty (30) days after notice of termination to the defaulting party if the defaults have not been cured within such thirty-day (30 -day) period. 12.3 Obligations on Exoiration or Termination. Upon expiration or termination of this Agreement, Licensee shall cease and desist all use of the Licensed Products, and Licensee shall promptly deliver to DMP at termination all full, or partial, copies of the Licensed Products and Documentation in Licensee's possession or under its control. Expiration or termination shall not prohibit Licensee from continued use of Peripheral Products in perpetuity under the terms specified herein and continued use of Dedvative Products in perpetuity under the terms specified herein provided that such use does not include any-manner of attempt to recreate any form of the Licensed Products from such Derivative Products and Licensee continues to protect such Derivative Products in perpetuity as outlined in this Agreement. Licensee acknowledges that its failure to comply with the obligations of this Secbon will constitute unauthorized use of the Licensed Products, entitling DMP to equitable relief as specified herein. 13. INDEPENDENT CONTRACTOR STATUS Ucensee DMP agrees that DMP is an independent contractor and not an employee of the Licensee and all of DMP's personnel shall be employees or subcontractors of DMP and not employees of the Licensee. DMP shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 14. INSURANCE REQUIREMENTS DMP shall obtain, at its sole cost and file with licensee prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period In which annually licensed products are In effect, a policy or policies of liability insurance or a certificate of such insurance, satisfactory to Licensee, naming Licensee, Its officers and employees as additional insured, which insurance coverage shall not be less than that provided In the form of a comprehensive liability insurance policy against injuries to persons or property resulting from or arising out of negligent operations of DMP, its officers or employees. Said policy or policies of insurance shall provide coverage for both general liability and automobile liability in not less than the following minimum amounts: One Million Dollars ($1,000,000.00) combined single limit for automobile liability, including bodily injury and property damage; One Million Dollars ($1,000,000) general aggregate for general liability. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to Licensee. DMP shall give to Licensee prompt and timely notice of claims made or suit instituted arising out of Digital Map Product's operations hereunder. DMP shall procure and maintain, at Its own cost and expense, any additional kinds and amounts of Insurance, which in its own judgment, may be necessary-for its own for its proper protection in the performance of the work. 15. ONC All notices, authorizations, and requests in connection with this Agreement shall be deemed given (a) five days after being deposited In the mail, postage prepaid, certified, or registered, return receipt requested; or (b) one day after being sent by overnight courier, charge, prepaid; and addressed as first set forth above or to such other address as the party to receive the notice or request so designates by written notice to the other, addressed as follows: If to DMP: Digital Map Products, Inc 18831 Von Karmen Ave., Suite 200 Irvine, CA 92612 Attn: Contracts Phone: (949) 333 -5111 FAX: (949) 333.5112 16. NON-ASSIGNABILITY If to Licensee: City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Attn: Clerk of the Council Phone: (714) 647 -6520 FAX: (714) 647.6956 Licensee may not assign or transfer this Agreement or all or any part of its rights hereunder, by operation of law or otherwise, without the prior written consent of DMP. Any unauthorized assignment or transfer shall be null and void and shall constitute grounds for immediate termination of this Agreement under Section 12 above. DMP may assign this Agreement to a related party, or unrelated party as part of a merger, acquisftion or the business re- organization and Licensee hereby consents to such assignment. This Agreement shall Inure to the benefit of and be binding upon any permitted successor or assign. i 5' H44 Agreement No. 04012012001 17. GOVERNING LAW The validity, Interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California, without regard to the conflicts of laws principals thereof. 1B. SEVERABILIT If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. 19. MISCELLANEOUS. 19.1 Entire Understanding. This Agreement and the exhibits attached hereto contain the entire understanding and agreement between the parries respecting the subject matter hereof and all prior quotations, invoices, negotiations, understandings, representations, and agreements of the parties, whether oral or written, are superseded in their entirety. 19.2 Modifications to Agreement. This Agreement may not be supplemented, modified, amended, released, or discharged except by an Instrument in writing signed by each party's duly authorized representative. 19.3 Headings Not Controllind All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or Interpretation of any of Its provisions. 19.4 Consent to Breach Not Waiver Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. 19.5 Third Party Beneficiary. Licensee acknowledges that the provisions of this Agreement are Intended to inure to the beneflt of the Contributors. If Ucensee breached any of these provisions, the Contributors will be entitled to enforce this Agreement directly against the Ucensee, whether in DMVs or the Contributors' name. Licensee further acknowledges that DMP executes this Agreement as principal on Its own behalf and, exclusively to accept or otherwise perfect the Contributors' rights against Ucensee, as agent on behalf of the Contributors. P;O4 l9i l -5 Agreement No. 04012012001 Attachment C Scope of Services Line Items Intergraph to Esri Transition Services The City of Santa Ana currently uses Intergraph GeoMedia GIS software and desires to migrate to ESRI GIS software. In order to assist with the transition, Digital Map Products will provide GIS layer conversion, software training and technical advice regarding best practices for the setup and configuration of ArcGIS Server, Arclnfo and ArcView in a network environment. Tasks GIS Layer Conversion • 75 hours budgeted for this task. • Convert existing city created Intergraph GIS layers (including text features) to ESRI GIS format. • Create ArcGIS documents (MDX format files) to replace existing city map print formats. ESRI Software Training • 25 hours budgeted for this task with flexibility in the selection of the type of classes provided. Training options: o Provide on -site software training for key city staff (up to 20 users) to ensure they are able to find, access, and utilize city GIS data within the ESRI environment. o Provide advanced, administrator level training for the setup, configuration, use and maintenance of ArcGIS Server and Arc /Info software. ESRI Software - Technical Support and Best Practices • On -Call support and best practice services for City Staff (See Attached Rate Card) • Questions will be forwarded to DMP Agreement No. 04012012001 Hourly Rate Card The following rate shall apply for additional services not specifically outlined in this Attachment C. • Software Architect: $200 /hour • Software Engineer: $150 /hour • Product /Support Specialist: $125 /hour • Data Development Specialist: $125/hour Aerial Imagery Wall Murals Digital Map Products shall delivery wall murals of aerial imagery to match those previously delivered in the 2007 — 2011 contract. Tasks Delivery of Aerial Imagery Wall Murals • 5 @ 40" x 40" • 8 @ 66" x 66" liaAH-4 173 25H -18 REQUEST FOR PROPOSALS (RFP) FOR GEOGRAPHIC INFORMATION SYSTEMS SERVICES AND DATA RFP NO.- 17-002 CITY OF SANTA ANA PUBLIC WORKS AGFNCY 20 Civic Center Plaza Santa Ana, CA 92701 Trevor Burgan GIS Administrator (714) 647-5657 Office tburgan@,santa-ami.org Release. KEY RFP DATES (Subject tas change at discretitat of Issue Date: January, 4, 2017 Deadline for Requests for Infonnation: January, 11, 2017; 1 0:00am Proposal Due Date: January, 19,2017; 4:00prn Presentation/Interviews: January. 26. 2017 (If needed) Prqjected Award Date: March, 21, 2017 Exhibit 2 City of 'A------ Fred Mousavipour EXCCLItive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for the GEOGRAPHIC INFORMATION SYSTEMS SERVICES AND DATA project. Responses to this Request for Proposals (RFP) will be accepted until January 19, 2017 at 4:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 17 -002 GEOGRAPHIC INFORMATION SYSTEMS SERVICES AND DATA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Trevor Burgan Public Works Agency; 20 Civic Center Plaza; 4b Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa- ana.org/bids- rf�s. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. City ofMga"P 17 -002 TABLE OF CONTENTS GENERAL II. PROPOSAL TERMS AND CONDITIONS ....................................................................................... ..............................4 VII. IMPLEMENTATION ......................................................................................................................... .............................10 A. KICK -OFF MEETING ........................................................................................................... .............................10 B. NOTICE TO PROCEED ......................................................................................................... .............................10 VIII. PUBLIC RECORDS ........................................................................................................................... .............................10 APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: ADDITIONAL PROVISIONS ATTACHMENT 5: DATA BOUNDARY MAP City of er 17 -002 Page 3 A. EXAMINATION ..................................................................................................................... ..............................4 B. EXECUTION OF AGREEMENT ........................................................................................... ..............................5 C. PROPOSAL VALIDITY ......................................................................................................... ..............................5 D. PRE - CONTRACTUAL EXPENSES ....................................................................................... ..............................5 E. JOINT OFFERS /SUBCONSULTANTS ................................................................................. ..............................5 III. INSTRUCTIONS TO PROPOSERS .................................................................................................. ..............................5 A. CITY RESPONSIBILITIES .................................................................................................... ..............................5 B. PROPOSER RESPONSIBILITIES .......................................................................................... ..............................5 C. REQUEST FOR INFORMATION OR CLARIFICATION .................................................... ..............................6 D. ADDENDA .............................................................................................................................. ..............................6 E. LICENSES & PERMITS ......................................................................................................... ..............................6 F. INSURANCE .......................................................................................................................... ............................... 6 G. PAYMENT INFORMATION PACKET ................................................................................ ............................... 6 H. PRE- PROPOSAL MEETING .................................................................................................. ..............................6 I. CITY RIGHT TO REJECT ..................................................................................................... ............................... 6 J. PROTESTS .............................................................................................................................. ..............................7 IV. SUBMITTAL REQUIREMENTS ...................................................................................................... ..............................7 A. GENERAL ............................................................................................................................... ..............................7 1. NUMBER OF COPIES AND SIGNATURE ............................................................ ..............................7 2. DEADLINE ............................................................................................................... ..............................7 B. PROPOSAL CONTENTS ........................................................................................................ ..............................7 1. STATEMENT OF QUALIFICATIONS .................................................................... ..............................7 2. SCOPE OF SERVICES & SCHEDULE ................................................................... ..............................8 3. FEE PROPOSAL ....................................................................................................... ..............................9 4. CERTIFICATIONS ................................................................................................... ..............................9 V. PROPOSAL REVIEW (CONSULTANT SELECTION) ................................................................. ..............................9 A. EVALUATION AND RATING .............................................................................................. ..............................9 B. SELECTION ............................................................................................................................ ..............................9 VI. AWARD OF AGREEMENT ............................................................................................................... ..............................9 A. REQUEST FOR COUNCIL ACTION .................................................................................... ..............................9 B. EXECUTION OF AGREEMENT .......................................................................................... .............................10 VII. IMPLEMENTATION ......................................................................................................................... .............................10 A. KICK -OFF MEETING ........................................................................................................... .............................10 B. NOTICE TO PROCEED ......................................................................................................... .............................10 VIII. PUBLIC RECORDS ........................................................................................................................... .............................10 APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: ADDITIONAL PROVISIONS ATTACHMENT 5: DATA BOUNDARY MAP City of er 17 -002 Page 3 I. GENERAL Nature of Work: The City of Santa Ana is seeking a vendor or vendors to provide GIS Data and Services. A detailed Scope of Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this REP. Number of Proposals and Signature: The submittal shall include: • Four (4) hard copies and one (1) digital file on a labeled USB Flash Drive (or equivalent). One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a company official with the power to bind the company. • One (1) copy of your Fee Proposal shall be submitted. See ATTACHMENT 1: SCOPE OF WORK for additional information regarding the Fee Proposal submittal. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm /Team Experience 25% • Understanding of Need 25% • Relevant Project Experience 25% • Schedule 15% • References 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Term of Contract A reement: The City desires to enter into a contract with the selected firm(s) for an initial three (3) year term with a City option for one, two (2) year extension. This tern is outlined in the Standard Consultant Agreement, as contained in ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this REP. II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this REP and that it is capable of effectively and efficiently performing City ofMgQ "P 17 -002 quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE - CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre - contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS /SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub - consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub - consultants be offered, the Proposer shall provide the same assurances of competence for the sub - consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub- consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub - consultants in the same manner as the Proposer. III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Ca acity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required City of Ewlb ReZ3 17 -002 Page 5 services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e -mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this REP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via . addenda to this RFP, as indicated below in SUB - SECTION IILD "ADDENDA ". D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, www.santa- ana.ore/bids -rfps E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa- ana.or ids -rfps H. PRE - PROPOSAL MEETING A pre - proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this REP. The meeting will include discussion of the project scope and a question - and- answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in SUB - SECTION III.D "ADDENDA ". I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. City 17 -002 The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff detennination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. IV. SUBMITTAL REQUIREMENTS A. GENERAL 1. NUMBER OF COPIES AND SIGNATURE Refer to SECTION I "GENERAL" above. 2. DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes or forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11" x 17 ". The Statement of Qualifications includes the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. The cover letter will specify the key contact for the proposal and include the following information. Name of the key contact. Phone number of the key contact. City of cZ5Ka$F5 17 -002 Paae 7 E -mail address of the key contact. I£ this information is missing from the cover letter, the proposal may be considered non- responsive and will not be accepted. b. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this RFP. c. Firm and Team Experience Proposal shall include a profile of the firm's experience. Include resumes of project team /sub- contractors that outline their technical experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm. d. Understanding of Need Proposal shall include an outline which demonstrates the firm's understanding of the scope of work This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. e. Relevant Project Experience Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. f. Schedule Proposal shall include a detailed schedule based on the Scope of Services explained below in SUB - SECTION IV.13.2 "SCOPE OF SERVICES & SCHEDULE" with a written statement which provides information on current workload and how this project would be accommodated. g. References Proposal shall include references for three public entities for which Proposer has performed similar work within the past five (5) years. h. Fee Fees may or may not be included as part of evaluation criteria. Refer to SECTION I "GENERAL" above and SUB - SECTION IV.B.3 "FEE PROPOSAL" below. (this item notp&t ofpage limit) 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services which details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided. Scope of Services shall be City of2q_g44�a P 17 -002 incorporated into the schedule as described above in SUB- SECTION LA.I.f "SCHEDULE" to complete the project based upon the requested Scope of Work, detailed in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP. 3. FEE PROPOSAL Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. Where fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in SECTION I "GENERAL" above. 4. CERTIFICATIONS The following forms, included in ATTACHMENT 3: CERTIFICATIONS in the Appendix of this RF'P, shall be signed and included as part of the proposal submittal package: • Non - Collusion Affidavit • Non - Lobbying Certification • Non - Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to SECTION I "GENERAL" above. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. The City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. City of Q614@ 17 -002 Page 9 B. EXECUTION OF AGREEMENT A standard agreement is included as ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK -OFF MEETING A kick -off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick -off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. .� ..►s �� Appendix ATTACHMENT 1: SCOPE OF WORK Introduction and BackEround: The City of Santa Ana is seeking responses to this RFP from qualified vendors to provide Geographic Information System (GIS) Data and Services as described below in three separate Proposal Options. Vendors may choose to propose on as many of the Proposal Options as their firm is capable of delivering. The City will evaluate each Proposal Option separately and choose the vendor or vendors that provide the most quality and value to the City. Example: • Vendor X chooses to submit a response for Proposal Option 1. • Vendor Y chooses to submit a response for Proposal Options 1 and 2. • Vendor Z chooses to submit a response for Proposal Options 1, 2, and 3. • The City evaluates the submitted proposals. The City may choose to select: • Vendor X for Proposal Option 1. • Vendor Y for Proposal Option 2. • Vendor Z for Proposal Option 3. Each vendor must submit a fee proposal for each Proposal Option separately. If a vendor does not submit separate sealed fee proposal for each Proposal Option, the proposal may be considered non - responsive and it may not be accepted. Each vendor may submit a combined fee proposal for all submitted Proposal Options if they believe a cost savings can be achieved by providing all of the services for all submitted Proposal Options. Example: Vendor Z chooses to submit a response for Proposal Options 1, 2, and 3. • Vendor Z must submit: • A sealed fee proposal for Option 1. • A sealed fee proposal for Option 2. • A sealed fee proposal for Option 3. • Vendor Z may submit: ■ A sealed fee proposal for Option 1, 2, and 3 with one combined cost. The City also desires to enter into a contract with the selected vendor(s) for an initial term of three years with the option for one, two -year extension. This contract will allow the City to purchase additional data and services from the vendor(s) as needed. 25H -29 Page 1 of 10 Proposal Option 1— Cloud Based (Hosted) Map Based Application Project Scope The scope of this project is to provide the city with access to a hosted map based application. The city desires to enter into a three year agreement with the vendor with the option to extend the agreement for an additional two years. In the sealed fee proposal, the vendor will provide two quote options based on the project requirements listed below. Quote Option 1: Annual price for the Hosted Map Application for years one, two and three. Quote Option 2: Annual price for the Hosted Map Application for years four and five. The City desires to have one point of contact for all interactions with the Vendor in regards to the hosted map based application. The City also desires the option to change the point of contact as needed during the course of the agreement, at the City's discretion. The vendor will provide access to a hosted map based application that offers the following features and abilities: System Architecture / General Requirements • The vendor will provide unlimited user account based access to the hosted map based application for all city employees. • Each user account will use pass -thru authentication using a custom designed City intranet website that will pass the user's city network credentials to the hosted map based platform for authentication on the hosted map based application. • The hosted map based application will support the use of the following browsers: o Google Chrome o Internet Explorer (Version 11 +) o Firefox o The vendor will update the hosted map based application as needed to address browser security and functionality updates. • The hosted map based application will run on servers in a secure tier -4 colocation data facility. During City business hours, the application availability uptime should be rated at 99.9 %. A formal Service Level Agreement is not required, but the city expects compensation for extended downtime and will negotiate a fair rate with the Vendor. • The Vendor will perform all application maintenance and updates after regular City business hours or on weekends. • The Vendor will offer periodic web -based training for City employees. • Support will be available via phone and e -mail during regular City business hours. Layers The hosted map based platform will provide access to the following layers: • Underlying map base provided by Bing or Google Maps with option to display up -to -date aerial high - resolution aerial photography. • Orange County Parcel data for the entire city of Santa Ana plus a reasonable buffer to allow for interagency project needs. The parcel graphics will be updated according to the County update 25H -30 Page 2 of 10 schedule with new information as provided by the Orange County Surveyor and Assessors office. The vendor is responsible for updating and maintaining the graphic parcel information and will coordinate with the County to correct errors in the data as they are foumd. • Orange County Tax Roll data for the entire city of Santa Ana phis a reasonable buffer to allow for interagency project needs. This data may be provided by any third -party supplier. The tax roll data should include ALL possible fields collected by the County Assessor and the vendor should attempt to ensure the completeness of ALL provided fields in the tax roll data. • The tax data will be integrated into the hosted map based platform so when a user selects a parcel on screen they can see the linked tax roll data attributes for that parcel. • The hosted map based application will provide several methods for producing buffer notification reports (e.g. distance from parcel, selection from custom polygon shapefiles, selection from custom drawn markup objects, etc.) and output the resulting list in a variety of formats. • The hosted map based application will allow the user to query the tax roll data on a custom selection of attributes and output the resulting list in a variety of formats. • The hosted map based application will provide up to 15 years of property transaction history. • Hazard Layers — The vendor will provide various government created hazard layers and update them as needed /requested. (Seismic, Fire, Flood, Mamnade, etc.) • Census Layers — The vendor will add new census geography layers as they are released. (Tract, Block Group and Block level data.) • Custom shapefiles — The hosted map based application will allow the loading of custom sha efiles for display. Administrators will be able to load files for all users to view. Individual users will be able to load shapefiles for personal use on their user account. • The application will offer various symbolization choices for layers: colors, line styles, point symbols, etc. Features / Tools • The hosted map based application will offer various markup / drawing and measurement tools, including the ability to draw a rectangle using two points of input. • Markup layers should have the ability to be made persistent and saved for later use. • The hosted map based application will offer the ability to save various map views and bookmark locations for later use. • The hosted map based application will offer various search methods to find locations. (Address, APN, Intersection, etc.) Reports / Output • The hosted map based application will offer several methods to generate printed maps and reports. o Required formats: Reports: Microsoft Excel or Comma Separated Values, Adobe PDF, assorted Avery Label formats for owner and occupant address lists. Maps: Adobe PDF or JPEG formats. • Ability to add custom titles and footnotes • Ability to include /exclude map legend • Ability to specify custom map scales. • Ability to specify custom paper sizes: (Letter, Tabloid, ANSI E, etc.) 25H -31 Page 3 of 10 • The hosted map based application will offer the ability to save reports and recall them for use at a later time. Integration with City Applications • The hosted application will integrate with the City's custom internal EDMS (Electronic Document Management System) website to allow for spatial selection of City engineering plans and documents. c From a custom layer of street centerlines, interactively select street via a two -point rectangle (inside selection or pass -thru selection). o Build a custom URL based on that selection. o Pass the custom URL to internal EDMS document server to display relevant documents. The hosted application will have the ability to integrate with future City applications (permitting, document management, etc.) 25H-32 Page 4 of 10 Proposal Option 2 — Digital Aerial Orthophotography Proiect Scone The scope of this project is to provide 7.5 cm (3") pixel resolution color digital Ortho - photography for the City. The Ortho - photography will be captured with a large format calibrated digital aerial mapping camera. It will be ortho- rectified using an accurate DTM created from the digital imagery (accuracy and additional specs below). The project limits will be based upon the attached boundary description document (Attachment 5). The City desires to have one point of contact for all interactions with the Vendor in regards to the Digital Aerial Orthophotography Project. The City also desires the option to change the point of contact as needed during the course of the agreement, at the City's discretion. The city desires to enter into a three year agreement with the vendor with the option to extend the agreement for an additional two years. In the sealed fee proposal, the Vendor will provide four (4) quotes based on the project requirements listed below for the following deliverable schedules: Initial Three Year Contract Schedules: Delivery Schedule One: Imagery flown and delivered in years one, two and three Delivery Schedule Two: Imagery flown and delivered in year one and year three. Extended Fourth and Fifth Year Contract Schedules: Delivery Schedule Three: Imagery flown and delivered in year four and year five. Delivery Schedule Four: Imagery flown and delivered in year five. Proiect Rcuuirements: Horizontal Accurac The datum for horizontal adjustments and positions must be the North American Datum of 1983 (NAD 83). The datum for vertical adjustments and elevations will be the North American Vertical Datum of 1988 (NA VD 88). Further, it must be adjusted to the 2007 EPOCH adjustment by the County of Orange to account for ground shift in Orange County that has caused 2.2' average shift from the 1988 NAD datum. All horizontal values must be published in the California Coordinate System 1983 (CCS83), Zone 6, State Plane values in U.S. Survey Feet. The ortho images must be tied to the current Geodetic control network from the Orange County Survey Department. They must also have a horizontal accuracy of plus /minus one foot or better throughout the project area. Flight Camuai All aerial photography must be performed in accordance with specifications established by the American Society of Photograminetry and Remote Sensing. A large format, calibrated digital mapping camera with forward motion compensation must be used. The vendor will deliver a Camera Calibration Certificate for the camera used. Planning and acquisition will be performed under the direction of an ASPRS Certified 25H -33 Page 5of10 Photogrammetrist. The vendor will provide a copy of the certificate confirming the ASPRS certification upon request. Weather, time of day and time of year The photography must be captured in the May /June time frame with the sun at least 30 degrees above the horizon. Visibility at time of capture must be a minimum of 10 miles as reported at local weather stations to assure clear, crisp images. Digital Orthophoto rg aphy Production The orthophotography must be produced with 0.25 -foot resolution or better. All orthophotography must be delivered in GEO TIF and MrSID image file formats with associated World files. The images will be mosaic'd and seamless in appearance. Radiometric adjustments will be performed to balance brightness and contrast of the imagery over the entire project area with the intent that it should match the brightness and contrast of the orthophotography deliverables from previous years. The orthorectified .TIF files must be tiled for delivery according to an index, tiling scheme, and file naming convention provided by the City. The tiled files will be edge matched and seamless in appearance. The MrSID compression will be conducted at a minimum 20:1 ratio to create a singular file consisting of all seamless orthorectified tiles. Detailed summary of deliverables for each year imagery is flown and delivered: • A Camera Calibration Certificate for the camera used for the flight and imagery acquisition. • Document that provides the date, time and weather conditions for the image acquisition. • A perpetual enterprise license for the imagery for the entire City of Santa Ana to use, including emergency responders for dispatch and inside the MDC units in their vehicles. The city will be allowed to give copies of the licensed imagery to consultants and contractors doing work on behalf of the city under a pre - created sub - license agreement provided by the vendor. • The imagery must be able to stream into SaaS GIS service "Digital Map Products - GovClarity" or other SaaS GIS web -based service for no additional charge. • One complete set of orthorectified image files in GEO_TIF file format with world files matching the boundary extent as determined by the city. The vendor will work with the City to determine the best compression method, tiling and pyramid levels to meet the City's needs. • One MrSID compressed and mosaie'd image file of the entire city matching the boundary extent as determined by the city. The vendor will work with the City to determine the best MrSID file creation settings to meet the City's needs. • The vendor will keep a digital copy of the deliverables for the duration of the contract, in the event that the City needs to re- download them for no additional charge. f Photo index sheet of tiled files. 25H -34 Page 6 of 10 • Include an option for delivery of the 4"' band (NIR). The vendor will work with the City to provide a set of false color orthorectified image files in GEO_TIF file format with world files matching the boundary extent as determined by the city. The vendor will work with the City to determine the best compression method, tiling and pyramid levels to meet the City's needs. • Include an option for onsite delivery on portable hard disk or downloaded via electronic delivery (for sales tax savings) • Include an option for a Digital Terrain Model (DTM) and 2 -foot Contour Generation. The Vendor shall create and deliver to the City a digital file of the DTM created in connection with the imagery ortho- rectification project and derived 2 -foot contours in Microstation DGN file format created using Phodar, Lidar or whatever technological approach Vendor chooses. 25H -35 Page 7 of 10 Proposal Option 3 — Graphic Parcel and Assessor Data ProiectScope The scope of this project is to provide Orange County parcels, centerlines and tax roll data to the City in GIS, CAD and tabular formats on an annual and /or quarterly basis. In the sealed fee proposal, the Vendor will provide four (4) quotes as described below for the graphic parcel and assessor data. The City may desire to choose one, two or all three quote options depending on City needs for data acquisition. Quote Option 1— File Geodatabase of Orange County Parcels and Centerline data, annual delivery. Quote Option 2 — Microstation DGN of Orange County Parcels and Centerline data, annual delivery. Quote Option 3 — Tabular Orange County Assessor Tax Roll Data, quarterly delivery. Quote Option 4 — Combined quote for all three data deliveries listed above. The City desires to have one point of contact for all interactions with the Vendor in regards to the parcel and tax roll data. The City also desires the option to change the point of contact as needed during the course of the agreement, at the City's discretion. Graphic Orange County Parcel GIS Data (Minimum Requirements) For each year of the contract, the Vendor will provide updated Orange County parcels, centerlines and other county GIS data in ESRI File Geodatabase format and Microstation DGN format. Once the County has released the updated parcels, the Vendor will deliver the processed data to the City within 30 days. The City desires a perpetual enterprise license for the parcels that allows unlimited use for all city employees, consultants, contractors and agents of the City. The City desires the right to distribute derivative datasets based on the parcels (zoning, land use, etc.) on an Open Data website for download by the public. The City will determine the required fields and projection information for the deliveries. Over the duration of the contract, the City may require that the parcels be delivered in a format that is compatible with the ESRI Local Government Information Model (LGIM) schema. The Vendor will work with the City to provide the parcels in the desired format /schema. ESRI File Geodatabase Deliverables (annual delivery) • The Vendor will provide the Orange County Assessor's parcels and centerlines in ESRI File Geodatabase format. • The Vendor will include a table in the File Geodatabase that relates the OBJECTID of the Parcel to the Assessor's Parcel Number (APN). The Vendor will work with the City to deliver this table in the format the City desires. 25H -36 Page 8 of 10 • The Vendor will work with City to deliver the data with the attributes in the schema the City desires. • The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of this RFP. • The Vendor will deliver the parcels and centerlines within 30 days of the County releasing the updated parcel information. • The Vendor will utilize an FTP site for electronic delivery. Microstation DGN Deliverables (annual delivery) • The Vendor will provide the Orange County Assessors' parcels and centerlines in Microstation V8 DGN format. • The City will deliver an example DGN file to the Vendor so the Vendor can match the projection, working units, levels, line styles, colors and all other applicable DGN attributes as required by the City. • The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of this RFP. • The Vendor will deliver the parcels and centerlines within 30 days of the County releasing the updated parcel information. • The Vendor will utilize an FTP site for electronic delivery. Tabular Orange County Assessor Tax Roll Data (Minimum Requirements) The Vendor will provide updated Orange County Assessor's Tax Roll information in Microsoft Access Database format on a quarterly basis. The City desires a perpetual enterprise license for the Tax Roll data that allows unlimited use for all city employees, consultants, contractors and agents of the City. The City will determine the required fields for the deliveries. Over the duration of the contract, the City may require that the tax roll data be delivered in a format that is compatible with the ESRI Local Government Information Model (LGIM) schema. The Vendor will work with the City to provide the assessor data in the desired format /schema. While the City requires this data to be delivered in Microsoft Access database format, the City is open to additional new products that feature the tax roll data in other formats. The Vendor will work with the City to ensure the City's needs are met if any delivery format changes occur. 25H -37 Page 9 of 10 Microsoft Access Tax Roll Database Deliverables (quarterly delivery) • The Vendor will utilize an FTP site for electronic delivery. • The Vendor will update the tax roll information with sales transactions to ensure the quarterly updates have the most recent information for each record. • The Vendor will provide a comprehensive data dictionary describing each field and its contents. • The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of this RFP. • The City will provide an example Tax Roll database in Microsoft Access database format so the Vendor can match the delivered fields and schema. • The City desires all possible tax roll attributes across the following categories: • Legal (APN, legal description, etc.) • Lot Information (census tract, land use code, area, building sq. footage, year built, rooms, etc.) • Ownership (owner naive, owner phone, owner address, etc.) • Sims (parcel address, zip code, etc.) • Values (total value, assessed value, land value, improvement value, etc.) 25H -38 Page 10 of 10 Appendix ATTACHMENT 2: STANDARD AGREEMENT 25H -39 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2016 by and between , (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of B. Consultant represents that Consultant is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as prescribed, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed S in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 3. TERM This Agreement shall commence on [enter a "Start Date" or "the date first written above "] for a number ( #) year term with the option for the City to grant up to a number ( #) -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 25H -40 Page 1 of 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of 25H -41 Page 2 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 25H -42 Page 3 of 9 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - 25H -43 Page 4 of Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfonmance, and enforcement of any of the clauses of this Agreement shall be detennined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, 25H -44 Page 5 of 9 approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. PAYMENTS & INVOICES a. Payment by City shall be made within 45 days (forty -five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and/or Task Order number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 25H -45 Page 6 of 9 Santa Ana, CA 92702 -1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5635 To Consultant: Consultant Company Name Address City, State, Zip Fax: (000) 000-0000 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Consultant Company Name 25H -46 Page 7 of 9 By: Jose Sandoval (name) Chief Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency 25H -47 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES (from Attachment I of RFP, and /or Consultant Proposal) [remove this note when assembling Agreement] FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) [remove this note when assembling Agreement] EXHIBIT C CERTIFICATIONS (from Attachment 3 of RFP) [remove this note when assembling Agreement] EXHIBIT D ADDITIONAL PROVISIONS (from Attachment 4 of RFP) 25H -48 Page 9 of 9 APPENDIX ATTACHMENT 3: CERTIFICATIONS 25H -49 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are cautioned that malting a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal 25H -50 Page 1 of 1 NON - LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: 25H -51 Page 1 oft NON - DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rile, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 25H -52 Page 1 of The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: 25H -53 Page 2 of 2 APPENDIX ATTACIIMENT 4: ADDITIONAL PROVISIONS THERE ARE NO ADDITIONAL PROVISIONS FOR THIS PROJECT. 25H -54 APPENDIX ATTACHMENT 5: Data Boundary Map 25H -55 2017 Data Boundary Aerial a Attachment 5 25H -56 V o 0 X Y2 1 Miles X:6042750.000007 X:6084749.999996 Y2237450.000149 Y:2237450.000149 .�� ra _. — .,.•ter .. � r � — __ •1.••ewe �'', �GANTA FA nHMvE�I AI o I V SANiA CLAR4,3V L' U GI ARA A r :1 rql� L NEST mi aR A/ I 'TH r. i 1 TH ST _ NASNINGTON AV � tt DR IANA G -,TA BLVD —iST is ST Sr 1 1 1ST Sr v. MC FADD�N AV pq+sa •� M FAODEn�AV • • � __. —. ,.._— « P ipiniOER AV rR If 1 a .K r v a�'ti �,�_ ' eFGPRSrROM Av -_ v L •��� � = MACARTHUT 6-w _ �._. _. L - SUN. -.�V R �r \•• « —. —. _ — vy F _. yA X:6042750.000007 _ -- *� -- X:6084749.999996 �"`'9y Y:2195450.000159 : Y:2195450.000159 i Attachment 5 25H -56 V o 0 X Y2 1 Miles CONSULTANT AGREEMENT WITH DIGITAL MAP PRODUCTS THIS AGREEMENT shall be effective as of April 16111, 2017, . by and between Digital Map Products, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a. charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant' having special skill and knowledge in the Geld of Geographical Information System services, data and maintenance. B. Consultant represents that Consultant is able and willing to provide such services to the City, C, In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A, Consultant's Proposal dated January 19, 2017, and Exhibit B, Teens and Conditions, incorporated by reference to this Agreement. 1 COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit C and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $100,000 for the first year of the Agreement, and shall not exceed $85,000 for the remaining years of the Agreement including the two -year option period. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 12 2 `O 3. TERM The Term of this Agreement shall commence on April 16, 2017, for a three (3) year Term, with an option to extend for an additional two (2) year period, excercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided, in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non- exclusive license for City to copy, use, modify, and reuse intellectual property, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Docuuments & Data'). Consultant shall require all subcontractors to agree -in- wri- tin - that -Gity -is -F-- anted -a- non- exclusive-license- for- an-y-Doeuments- &-Data the - -- subcontractor prepares under this Agreement. The perpetual licensing for products quoted in the Proposal does not include GovClarity. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk and no intellectual property belonging to Consultant shall be distributed outside of the control of the City without the express written consult of Consultant. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any Page 2 of 12 25H -58 act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shrill include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to umdertalce self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled . or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shrill not affect Consultant's right to be paid for its time and materials expended prior to Page 3 of t2 25H -59 notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harnless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, J udicial or equitable relief clue to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the - extent- r- @quir -ed by-Ci-vi- l- God"ection -27-82.8, to- elaims- that - it -is"ut of— pertain- to- or- relrrte —to - -- the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL. PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of Page 4 of 12 25H -60 three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza ('M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Copies to: Executive Director — Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -5622 Page 5ofl2 25H -61 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Consultant: Digital Map Products 18831 Von Darman Ave., Ste, 200 Irvine, California 92612 Phone: 949- 333 -5111 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT Tbis Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or- written,- between - the - parties - In- th"vent of-- a- coniflict between the-terms -of- this- Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrruent signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 6 of 12 25H -62 15. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. Cancellation without cause shall trigger the greater of: a. Finishing the current contract year with no refund, or b. Six (6) months of the fee for the current contract year. C. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the rocrnitrnent, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall- be- deternaitied- and - governed- by-ths-la -ws -of the, State- of-Cali-fom a —Both pat-ties- fur -they --- - - - - -- agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 12 25H -63 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fiilly set forth in the body of this Agreement. (Signatures on Following Page) Page 8 of 12 25H -64 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA GERARDO MOUET' Acting City Manager CONSULTANT Digital Map Products Fred Mousavipour, Executive Director James S. Skurzynski Public Works Agency President/CEO Page 9 of 12 25H-65 EXHIBIT A SCOPE OF SERVICESIPROPOSAL, Page 10 of 12 25H -66 Exhibit A ■ • f • t RFP No. 002 Geographic Information and Data k k t CA x ', Contact. Caroline Stall �e -oil tSi m pgcorn 25H -67 DIGITAL MAP , UI �mllt.a ta,.t flubilt PRODUCTS Vithtit %',ot'ht t AgoiA, tw(tv,tsl+ttit Iea{vrtss.ttiusttii > ieIII 'ierea( ebandI)aIa January 19, 2017 Attn: Proposal Review Committee Trevor Burgan, GIS Administrator City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Ref: RFP No. 17.002; Geographic Information Systems Services and Data Dear Trevor, We are pleased to present to you Digital Map products' (DMP) response to the City of Santa Ana Public Works Agency Request for Proposal (RFP No. 17 -002) for Geographic Information Systems Services and Data. Our proposal exceeds the requirements of the RFP. As the current provider of GovClarity' ", Aerial Imagery, and Graphic and County Tax Roll Data to the City of Santa Ana, DMP is in a position to provide a comprehensive and turnkey solution, meeting and exceeding all of the requirements outlined herein. The contact responsible for this project is Caroline Stoll. Ms. Stoll can be reached directly at (949) 333.5192 ar r Our corporate office is located at: Digital Map products, Inc. 18831 Von Karman Ave, Suite 200 Irvine, CA 92612 Phone: (949) 333 -5111 Fax: (949) 333 -5112 Thanks again for your time and consideration. We Rook forward to continuing our successful partnership Sincerely, v James S. Slsurzynskl President j CEO Digital Map Products, Inc. 25H -68 Page I i ` ����[» City *KSmwLm/�oa Public DIGITAL MAP �m rn0VoC/S Public Works Agency pDOPOSA/-WF'P17^OOZ Gengyrgphir|o6»rxumdmuOys\emu-, Services and 0xua TABLE 0E CONTENTS TABLEOFCONTENT$.... ...... ... .... ... ...... .. ........... .-..^......... ................ .... ....... ..... ,.. .... �2 STATEMENT 0F QUALIFICATIONS ....... ...... .............. .............. ................ ....... .... ...... ........................... 3 ProjectOWsctives-. ............. ......... --........... ................. ..... ..... .......... .......... .............. ,........... FIRM AND TEAM EXPERIENCE, ...... ~~. .... ... .. ..................... ....... ........... ~~~~~..~ ........... 4 CompanyOverview, ~~,~ ........ .. ....... ~.~ ......... ~ .... ..... .................... ............... 4 ProjectTeam Members .............. ....... - ...... . ~.- ....... ^.. --- .............. .... ...... ............ - ........ .......... 5 UNDERSTANDING OF NEED AND 3CHEUULE-.. ............. ..~.~............... ~~.-~ .......... ...... .~,~�9 RELEVANT PROJECT EXPERIENCE AND REFEREN[ES~.~~~~_.... --- ................ .... ~~ ........ -..12 AGREEMENTSTATEMENT .... ..~~-~~ ........ ~ ... ~~ ...... .............. ............. ...... .............. .............. ............. 14 ATTACHMENT 1: SCOPE OF WORK ...... ...... .~.~.~^~.~~.-...... .~..~.—.15 PROPOSAL 0PUDNl: Cloud Based (Hmstnd) Map Based Application ....... ...,......... ~...~~ ...... ..,.15 ProjectScope ............. .............. .... .~.~~~..~..~...,.,- .............. ....... ..~.~-........ 15 6ovC|arityw Overview .... .............. .~.~~...~.~~.~.................. ....... .... ... ..... ............... .......... 16 Layers...... .^...-,.~....... ...... . ....... .................... ..................... ...~~.~17 FmntoreuiTuuls.. ..... .............. .....~.......... ..~...~....... ....... . ...... .............. .......... . ............... 18 Reports}0o1put- ...... ........... .^... ........... . ......... . ... .... ....... . ................. ........................ 19 Integration with City Applications ... ^. ...... ...... .. .... ---- ............... ,....... ........ ..... _. ........ ........ 20 PROPOSAL OPTION 2: Digital Aerial OrthopbotoQ/anhy~. .... ..... ..... .. ..... .......... ........... ....... . .... '2l Project...... ....... ........... .~................................ ................. ......... 2.1 Project Rpquireme:b-. ... ............. .~ .................. ..- ...... . ............. .............. ......... ....... Z2 PROPOSAL OPTION 3:Graphic Parcel and Assessor Data ............. ~. ......... ^~-......................... l5 ProjectScope ...................... .. ............................................ . ...... ................. ....... .......... . ... ........... lS Project Raqui/*n}ents.~ ...... . ... .. ........... ,. ......... .. .............................. ... ........ ,.................... 26 REQUIREDFORMS ..... ....... .... ....... ~~........ .-..~........ ....... ....... ....... .......................... .......... Z9 FEE PROPOSAL (Separate seated envelope) Certifications Data Boundary Mali page1Z ��U��� ��U����� DIGITAL MAP PRODUCTS STAfFM&N'l O1 QUALIFICAT:4 NS of Santa Aria i'ulalic Public_ Wol-Ics Age, ncy i'EtC)I'OSA9, RFV 17 002 (,a ogl aaphic InIIwna<ato) I Systems sservIces an (I [Rata Digital Map Products, Inc. (DMP) is the Inventor of the public /private partnership model that now facilitates the sharing of county land based information. DMP's core competency is acquiring and processing these different data sets and providing an easy to use navigation tool to leverage this content from one location. As the existing service provider, DMP is uniquely positioned to provide the City of Santa Ana with highly competitive pricing, a continuation of service with no interruption, and custom tailored support gained from years of experience. We are equipped to provide all the objectives of the project, faster, and more efficiently than any other proposer. DMP chooses to submit a response for Proposal Options 1, 2 and 3 as defined in this RFP. For Option I —Cloud Based (Hosted) Map Based Application, DMP is proposing our GovClaritylm turnkey and hosted subscription application for the City of Santa Ana employees. This is the application currently in place at the City, leaving no Interruption or lapse in service. The DMP Software as a Service (saas) model allow clients the ability to enjoy enhancements, ongoing support, and product training options all as part of their license agreement. As DMP grows and evolves their customers do as well. For option 2 — Digital Aerial Orthophotography, DMP is proposing onsite and strearning /hosted delivery of Eagle Aerial Orthophotography. This imagery is currently seamlessly integrated into the City's GovClarityl" account with regular updates, leaving no interruption or lapse in service. For option 3 — Graphic Parcel and Assessor Data, DMP is proposing our SrnartParcels'' , meeting and exceeding all of the project scope requirements and creating continuity in the data throughout this comprehensive approach. By continuing with DMP SmartParcel.sl" the city will experience a seamless continuation with no change in schema or format. Project Objectives As the existing provider of the City of Santa Ana's GovClarityi0 environment, Orthophotography, and Graphic Parcel and Assessor Data, Digital Map Products understands all of the stated project objectives and is prepared to exceed them. We have realigned our project team to provide a single point of contact, better serve you and ensure your requests are handled in a timely fashion. From our product to our project Learn — we are thoroughly equipped to exceed expectations and expedite service to you. Page 1 3 25H -70 DIGITAL MAP 0ty of Santza Ana € ublic PRODUCTS Iluhlis Works Agency F'Rt)['t"SAI, - UT 17 -002 Geog;raplaic Inforntatioii Systems Services and Dora FIRM AND TLAM EXPERIENCE Company Overview Digital Map Products, Inc. (DMP) has been in business since 1.997 and is a privately held company based in Irvine, C AI .- cc,,rrij, The work on this project will be done in our Irvine office, telephone number (949) 333- 5111. LIMP extends the power of GIS to the millions of users wanting to use a map to interface with data. DMP develops proprietary software solutions that employ a powerful map - based interface to optimize work Flow by automating research and analysis tasks that previously required customers to possess specialized, costly expertise and make significant technology investments. DMP applications are designed to be used by the non - technical audience. The company and its GIS -based "Software as a Service" (SaaS) model provides affordable access over the Internet. DMP collects and maintains the complex databases that fuel the system, providing the industry's only web -based turn -key solution, DMP customers are primarily based in the following markets: • Local, State and Federal Government • Law Enforcement • Guilder - Developer • Residential and Commercial Real Estate • Real Estate Disclosure DMP collects data and hosts It through our applications to more than 1000 customers and over 900,000 registered subscribers across the US- To fuel the DMP Solutions, DMP maintains about 16 terra -bytes of GIS data which is continually maintained by a team of data developers. Ninety percent of DMP's data repository falls into the Following categories: 4 Digital Imagery 4 Weekly Sales Transactions t National Street Centerline Database 4 Parcel Boundaries 4 Property Record Tax Roil 4 Scanned Assessor Tax Maps 4 Flood Plain Data 4 School District Boundaries DMP's data development expert's research, collect, aggregate, enhance and maintain these databases on a continual basis. This extensive ongoing effort is transparent to the everyday users of DMP's SaaS and Data products. Because DMP maintains such a comprehensive data repository, this bulk data is nIade available on a very cost effective balls to more sophisticated GIS users who maintain their own hardware /software platform. A growing number of DMP customers are becoming users of both bulls data and SaaS applications. Page 14 25H -71 f:ity of S,mt,a .Ana Klbhl ' Public bVorlvk ,Agency PROPOSAt, -- HH' 171-002 Geu„ =.rapim iaahwau.aimn Syyteaa?s Scervitea and Data DIGITAL MAP PR0D UCr5 Project Ieam Members James Skurzynski, President and Chief Executive Officer -1997 to present Jim Skurzynski is President and CEO of Digital Map Products Inc., a leading provider of location technology and data solutions. As one of Digital Map Products' founders, Jim has turned the company's vision of simplifying spatial technology and bringing it to a wider audience into reality. Digital Map Products was the first in its Industry to deploy Internet based spatial applications through a Software -as -a- Service model. in addition to driving innovation at Digital Map Products, Jim has led the company to several consecutive years of record sales and profitability. The company's current offerings include SaaS applications, a spatial development platform and location content solutions all of which enhance decision- making and problem solving In markets such as government, utilities, and real estate. Jirn's career has been distinguished by his ability to extend the value of complex technology to new markets and users by simplifying its use and employing cost effective delivery models. Prior to Digital Map Products, Jim was Managing Partner at JSA International where advised international organizations in the creation of cross-border spatial technology partnerships. Before JSA International, Jim founded a company that helped Mexico's federal government convert their real property information to digital format. Early in his career, Jim successfully built and sold a company that pioneered a new class of affordable Computer Aided Design /Engineering software for small and mid - .sized architectural and engineering firms using a timeshare model that was similar to what we know today as SaaS. Geoffrey Wade., Chief Technology Officer -° 2000 to present Geoff Wade is Chief Technology Officer of Digital Map Products Inc., the leading provider of location technology and data solutions. Geoff is responsible for the company's overall technology development, product management and engineering initiatives, generating spatial based SaaS technology and data offerings for business and government. During his time at Digital Map Products, Geoff's vision and foresight has fostered the creation and development of the company's suite of leading spatial solutions, including mapping development platform SpatialStreaMT ", local government and real estate SaaS products GovClarity " and t.andVision'". Geoff has held senior engineering positions with companies in the GIS industry, including Thomas Bros. Maps and Intergraph. Geoff has 30 years of experience in technology systems and engineering. 51 Page 25H -72 City of sS;inta Ana Publir� Publi( : Works Agency P&tOPOSAL -- PFP 17 -002 Geographic Infornmlion Sys €e.nas Services and Oata DIGITAL MAP PR Or) U CTS A functional and industry expert, Geoff has deep working knowledge of technology, mapping and data visualization. Geoff received his degree in Civil Engineering from the University of Sydney. Ann Schwab, Vice President, Customer Success — 2007 to present Annie Schwab is Vice President, Customer Success for Digital Map Products Inc., the leading provider of location technology and data solutions. Annie oversees the overall growth and direction of the company's customer success programs and initiatives. She leads multiple teams in the pre - sales, onboarding, Implementation, customer support, and customer development processes. for this project, Annie will provide strategic oversight and serve as an escalation point for issue resolution. Prior to Digital Map Products, Annie was a strategy consultant for the aerospace and defense industry, advising clients on emerging technologies, complex data analysis, and competitive intelligence. She has held senior positions with Global Business Analysis, Kroll, and Andersen. Annie has over 13 years of experience in strategic consulting, marketing and technology. A regularly featured speaker at industry conferences, Annie has expertise in mapping, cloud computing and data visualization. Annie received both her MBA and her undergraduate degree from UC Berkeley. Skip Cody, Senior Customer Success Manager -2004 to present As a Senior Customer Success Manager, Skip Cody is responsible for the support and growth of some of our largest clients across several industry verticals and DMP solutions. Skip will serve as the Project Manager for the City of Santa Ana and as such will be the main point of contact for the City, coordinating the tasks and deliverables for this contract. He has been with DMP since 2004 and has worked in the GIS /Mapping industry for the past 20 years. Skip's prior work experience was as an application engineer at Thomas Bras. Maps (Rand McNally). He has helped in the design and delivery of many successful CIS application integration projects in both the private and public sector. His project experience ranges from Stat synchronization projects with MIS and Title Companies, to custom GN workflow applications within State, and Local government. Caroline Stoll, Director of Customer Development -- 2012 to present Caroline Stoll is Director, Customer Development for Digital Map Products Inc., the leading provider of location technology and data solutions. Caroline manages the overall growth and direction of the company's account 6(Page 25H -73 &.itv iA timnta ,Ana i'u lic i'cragt,rtthic inliere:aatscan Systvmt N'4 vu '.s and Data DIGITAL MAP FRODUCtS development: strategy and initiatives, and is responsible for leading a team that empowers government, ROW and asset management firms with easy -to -use mapping solutions and comprehensive data solutions. Caroline has 13 years' experience as a solutions consultant in the public and private sector. She specializes in account growth, strategic planning, market development and insights, and stewardship of the company's portfolio of products. Caroline receives,! her O.A. in Liberal Arts and Sciences from Seattle university. Steven Cheng, Director of Data Development — 7001 to present Steven Cheng Is the Director of Data Development at Digital Map Products Inc„ a leading provider of location technology and data solutions. Steven oversees his team in developing and maintaining a large scale spatial data warehouse fueling the company's location technology and content product offerings. Steven has extensive training and experience in spatial data modeling and integration, database administration and development, large scale cadastral data integration, and technology development as well as expertise in GIS. Steven brings a unique ability to add business value to CIS data by aggregating data frorn disparate sources to enable meaningful analysis. Stevan received a degree in Surveying Engineering from National Chung Kung University In Taiwan, and a Master's degree in Geodetic Science & Surveying with a specialization in Digital Mapping and Geographical Information Science from Ohio State University. Steven has also participated in training and education programs from institutions including ESRI, and the Oracle Taipei Education Center and The Institute for information Industry, Education and Training Division both In Taiwan, Karen Figgins, Product Manager, Government solutions — 7004 to present Karen is the Government Solutions Product for Digital Map Products Inc., the leading provider of location technology and data solutions. Karen has 15 years' experience working with government, particularly local government, Prior to joining Digital Map Products, Karen worked in the IT Department at the City of Irvine. Karen has spent much of her time at DMP working directly with our government customers and training them to use our products. Through this direct interaction Karen has a deep understanding of their needs and concerns. Karen is responsible for working with our government customers to drive Improvements in our products that empower government employees to provide greater service to constituents, 7 1 P a g e 25H -74 City of Santa Ana Public Public Worli s Age3nclv PROPOSAL - RFP 17•002 {+coffal hic helot'nnatio n Systems Services and Data DIGITAL MAP ORODucrs Marc CiIurzo, Product Trainer— 2016 to present Marc is a Product Trainer for Digital Map Products and is responsible for developing and delivering initial and continual learning sessions for DMP's SaaS customers. Working on conjunction with Skip and Annie, Marc will provide custom training sessions to the City. He holds a Bachelor's in Geography frorn LIC Santa Barbara and has technical expertise in GIS, Remote Sensing and SQL. 81 Page 25H -75 f 0i 40 Sa lit zi Ail a Public PlAhlic 6Y`rrr hs agency t'tttil10S Xl Itt ll ]7 - {It?L t,araari Aj)hic Ililorinaatton Sv+tvnl` ' mk'rvices. and Dalai DIGITAL MAP PROOUCTS �troocvsal Cp,ioo 1 t loud based (Iiosted) Map Based Apvlwa* C Scope of Services: 1. Work phases to be completed a. GovClarity'" Is already implanted at the City of Santa Ana with the included requirements .so there is no work to be completed for a seamless integration. 2. Tasks to be accomplished a, Upon Notice to proceed and Fully Executed Contract, DMP will schedule onsite training with City GovClarity'" users. 3, Deliverables to be provided a. GovClarlty'" with unlimited access for all City users. Schedule: GovClarhy" is already implanted at the City of Santa Ana with the included requirements so there is no work to be completed for a seamless Integration. We will schedule training to take place within 30 days of fully executed contract. P100 0',d C�pti,�n �giral Aw i:al t�rtl +oph for „;tty Scope of Services: 1. Work phases to he completed a. Capture b, Processing c. Integration d. Delivery 2. Tasks to be accomplished a, Capture using a state-of-the-art, calibrated, full format mapping camera. Concurrently, detailed locational and positional information is captured by on -board computers and is used along with the imagery to create a digital elevation model that is used to ortho- rectify the imagery and create a highly horizontally accurate product. 91 PaP,e 25H -76 City of Santa Ana Public Public 4 of ks Agency PI OPOSAI RFP 17 -002 (mc ogfraaphir Intornaation Syuternw Services and Data DIGITAL MAP Praoouci's b. Processing is done in a multi -step method. Once the elevation model Is created, the irnagery is rectified. Next, the imagery is placed into the proper projection in order to merge seamlessly with other datasets contained in the GovClarity platform. The imagery is then tiled properly and specially prepared to be able to be streamed into the GovClarity platform using the processes that have been developed and fine -tuned by Eagle and DMP over several years in order to provide excellent performance. c. Integration is completed when the. updated imagery will begin to be streamed into GovClarity. d. Delivery is completed through streaming integration in GovClarity and on site delivery to the City in GEO Tif and MrSID. 3. Deliverables to be provided. The deliverable will include annually updated 3 -inch pixel resolution ortho- imagery both onsite in CEO TIT and MCSID and streaming into GovClarity. Schedule: a. Capture: May and /or June of each year b. Processing: July /August /September of each year c. Integration: September /October of each year d. Delivery: October or November of the year in which the imagery is captured Prom +)Sal Option 3 — Graphic Parcel and A lessor Data SCOPE (if SE'Rlrlf:f: S 9, 3CHE1Jlil -. Scope of Services: 1. Work phases to be completed a. Acquisition b. Integration L DGN Conversion c. Delivery 2. Tasks to be accomplished a. Acquisition of data: I. County Public Works provides Graphic Parcels and Street Centerlines H. County Assessor provides Tax Roll updates 101 Page 25H -77 i i(ywf Smnta Ana Pub|ic |`ubA'ktm ks Age ory PKWPOS&L -&FP 17 002 G«uArapblc inhm 111ob^nsy'�trm\xserv|. e�unJ Dutu DIGITAL MAP pe000Cr$ h. Integration: DIMP proprietary processing and ETL workflows to assimilate data into DIVP databases. L Conversion of source data toDGN format as required byCity c. Delivery: DMP workflows and processing to create. data in requested formats required, Posting nf data tuDMPFTPsite. 3. Deliverables include: a, File Gendatabmcnf orange County yarres and Centerline data, annual delivery &. Ivicrastation DGN of Orange County Parcels and Centerline data, annual delivery c Cmunty Assessor Tax Roll Data, quarterly delivery. Schedu|e l. O,aph|c Orange County Parcel 6|3Data a, R|eGeoda,abasc i Parcel Data (d Annual Delivery (a) 30 days from standard format acquisition from county H. StreetConter|ine (l), Annual Delivery (o)38 days from standard hormotacquio|dn"onmcounty b.y0icrootabnnDGN i Parcel Data (1) Annual Delivery (a) 30 days from standard format acquisition from county {k Street Centerline (1) Annual Delivery (a)JO days from standard format acquisition from county %. Tabular Orange County AaseonrTax Roll Data u. yNicrosuftAzcess (1) Quarterly Delivery (a) Jao/ April / Aug /Dec b.LG|Wl (1)T8D pending future potential addition v[ this format. (a) Target date TKQ pending future re`earch/co|iaboraUon with Santa Ana 1l|yaQ~ ��U��� ��U��K8 City (rf Santa Ana Pttt)li( 1'ulrlic Works Age ntT i'ROf'OSAI. — RFP 17- 002 Geographic Inforni aHon Systenns Services attd Data DIGITAL MAP Prenoucrs RkLEVANr PROJECT EXPERIENCE AM) REFERENCES The The City of Santa Ana was DMP's first customer in 1997. Since then the company has added dozens of additional cities as customers in Southern California, diversified nationally with its local government business and expanded into other complementary markets with the same core products being proposed herein to the City of Santa Ana. Today users of the DMP technology and data include Microsoft, Googie, Zillow, Trulla, CoStar, Fannie Mae and the US Census Bureau. DMP recently signed a statewide master license agreement with the State of California to provide like products. DMP powers mapping technology for 3 of the top 5 residential real estate multiple listing services (MLS) in the country and provides map -based real estate information to the desktops and mobile devices of 16, 000 commercial real estate professionals nationwide. Almost every logo from the Top 100 Builders in the USA is also represented on the DMP customer list. Select references for organizations with relevant project requirements of the City of Santa Ana are provided as follows: State of California Digital Map Products recently established a Statewide Enterprise contract with the Department of Technology, providing access to DMP's SaaS applications, Content Solutions, and Platform. Through this new contract, the State of California is initially adding 20 departments with 2,500 active users accessing ourSaaS products, as well as SmartParcelp" data delivery for all 58 counties of California, with unlimited user access, and also access to our API for internal development of existing state applications. Prior to the statewide contract, The State of California has been a client of Digital Map Products for the past ten years using both Software -as -a- Service and Content Solutions in six separate agencies. Sponsor: .john Carotta GIS Office of Technology Services California State Department of Technology 3101 Gold Camp Drive Rancho Cordova, CA 95670 (916) 464 -3747 Orange. County Assessor Orange County Assessor was provided with the GovClarity`" Software -as -a- Service deliverable along with the underlying SpatialStreamn' development platform. These components wore integrated into the Assessor's 121Page 25H -79 Cii of S:uita Ana Pub is Public b4 of 1%s Agt,m v 1,140POSAi.- -1111' 1', 002 sl3hrc iI I I oriia.r tiun systeitc, ser'vw s and I)X,i DIGITAL MAP PROD 7CTS along with other third party software and systems developed Internally by the Assessor. OMP products are used as the primary visual interface to the Assessor system for both internal desktop and field computing applications. DMP also provides a full complement of onsite data which includes parcel boundaries, current and historic aerial imagery. DMP has been a preferred provider to the Orange County Assessor since 2005 and worked with the Assessor to showcase their award - winning solutions throughout the State of California. Sponsor: Kenn Dobson Orange County Assessor 625 N. Ross Santa Ana, CA 92701 714.568.9849 City of S.y„ luau% Capistrano, CA The City of San Juan Capistrano was provided with a GovClarity "" subscription to access the orange County Parcel and Right-of-Way database, property ownership information, Thomas Bros. Maps digital database, 3" color imagery, environmental geo- hazards database and black and white high resolution orthophotography. Along with these base data sets, the city has posted data including water, sewer, and storm drains, created by outside consultants as well as providing the city's zoning designations in digital format for access by devetopers. GovClarity'" works in parallel with the city's minimal number of existing ArcView licenses as the enterprise wide deployment solution for ,staff to access the city's data. Staff members throughout the organization access the city's GIS data over the Internet at their desktops and the public counter. Sponsor: James Fournier GIS Specialist City of San Juan Capistrano 32400 Paseo Adelanta Sari Juan Capistrano, CA 97675 949.487.431,4 City of Mission Viem, CA The City of Mission Viejo has been a client of DMP since 1999. This city was provided with a GovClarityw" subscription to access the Orange County Parcel and Right-of-Way database, property ownership information, 3" color imagery for their internal GIS and CommunityViev✓ "`" for their community-facing application. OMP 131 Page 25H -80 �jtyof S�tnta Ana Public Publit VVorks/k�nmcy PROPOSAL -RFPy7 003 DIGITAL � m �x"*no �� pwVuoCrS works closely with their team to meet their needs in accordance with their internal system, their customized data requirements and the data they display ,o the public. Sponsor: Richard Schlesinger City Engineer City of Mission Viejo 2O0 Civic Center Mission Viejo, [A 92691 949.470,3079 DMP concurs with provisions as contained in the standard agreement attached as ATTACHMENT 2: STANDARD AQREEMENTintheApppndixof\hisRFP,DyNPwi||ncqoirsnvrstandord[ontentwndVYebSe/viceoTe,msmnd Conditions tobe included in final executed agreement. 141Page ��U� ���U� � -��U [ltyof Santa Ana Yubhn 11ubI^ Y�orku&ueofy |`@0N)5A| - OF1' 17 002 (W I/wropbic|uforn/uL ion syshroons,v»/I ce,oui IMato � DIGITAL MAP pnoVoCrS ArTACHM[mT1: SCOPE brWORK PRop054L OPTION LOo:dQ,�`ed(xnotvd) Map Based xppWabun Project Scope The City uySanta Ana seeks access to a turnkey, hosted, map-based application for their in-house staff. DIVIP is the current provider of GovClarityw, the hosted map-based application used by the City of Santa Ana and hundreds o[ users throughout the state. )NIP proposes to continue to provide the City of Santa Ana with GavClarity'm, which will serve up data, including hit not limited to parcel boundaries, assessment data, aerial imagery, street ce,tprlioes/ land use, etc. GovClarity'll provides a powerful, easy-to-use web-based software application that enables users to find, view and interrogate subject properties, Use aerial imagery backdrops and parcels to analyze spatial data, access property and tax data to find ownership, and use the drawing and annotation tools that incorporate aerial imagery and search inquiry tools Into presentations, and more, With Gov,Clarity", agency staff will be empowered from the start with functionality and capabilities to truly interact with City maps and data. Additionally, GovClarityr" is much more than a simple. data viewer but serves as Fin effective collaboration tool for a wide range of spatially related projects. The latest GovClarity'" 50ftWare updates and technology additions are automatically installed and available to subscribers as part of the iervice. With the licensing of Gciv,Clarftyw, your Inform ation'Te ch nology IF) staff will not be tasked with complex, vertical technology implementation, Using the ¢ovOah*/`m Hosted Subscription model, Dk4Ptakes responsibility for everything "behind the screen". DMI) offers high availability 124/7) and performance (application uptime minirrunt of 99.9%), as well as all system and data backups, offloacing niainteriance and infrastructure headaches from I F staff. The. DMP application service platform is co-located at a secure S10OM SBC facility in Irvine and Phoenix, Arizona. With this model, DIVII) clients enjoy the benefits of easily accessible, large-scale, highly functional systems that do not requim extensive resources or personnel to develop and maintain. Sy»tem Architecture yGmnm/aiRmpu|r*nmno • The vendor will provide unlimited user account based access to the hosted map based application for all city employees, DMPxwKl conhnw:~o provide un|imkedGun0arity`"Licwn»t,5 for the City wf Santa Ana omp|nVrri • Each user account will use pass-thru auldhentication using a custom designed City intranet website 15 1PaQc' ��U��� ��U���� City of Santa Ann Public Public Wor -ks Agency PROPOSAL - RFP 17-002 Geographic Information Systems Sei•vices and Data DIGITAL MAP PRO DUCTS that will pass the user's city network credentials to the hosted map based platform for authentication on the hosted map based application. CiovClarity'� will continue to provide auto-login based on user network authentication. The hosted map based application will support the use of the following browsers: c) Google Chrome a Internet Explorer (Version 11+) • Firefox • the sender Will update the hosted map based -application as needed to address browser security and functionality updates. GovCiarltyTM meets these requirements. The hosted map based application will run on servers in a Secure tier-if colocation data facility. During City business hours, the application availability uptime should be rated at 99.9%. A formal Service Level Agreement is not required, but the city expects compensation for extended downtime and will negotiate a fair rate with [lie Vendor. GovChirity meets and exceeds these requirements with 24/7 high availability and performance at 99,9% documented uptime, The DIVIP application service platform Is co-located at tier-4 secure $100M SBC facilities in Irvine, California and Phoenix, Arizona. vulth this model, DMP clients enjoy the benefits of easily accessible, large-scale, highly functional systems that do not require extensive resources or personnel to develop and maintain, The Vendor will offer periodic web-based training for City employees. DMP meets and exceeds this expectation with regular web-based training available to all customers at no additional charge. Schedule available online. DMP will also provide the Santa Ana users with customized Posits or web-based training every 6 months, Support will be available via phone and e-mail during regular City business hours. DMP support hours are Monday — Friday lam to Spun Pacific, 16 1 PaEo' 25H-83 � D^mxrL /m�, �� == PeuuuCr$ Layers City of Santa Ana Public Public Works Agency PROPOSAI,~RF917`00% Geographic Information Systems Services and Data The hosted mjp based platform will provide access t* the following layers: r Underlying map base provided by Bing or Google Maps with option to display up-to date aerial high-resolution aerial photography. GovClarity'- meets and exceeds these requirements with Bing Basencap and Oblique's, and launch outtmGwog|eEmrth.Gow0arity'=m|snsea/n(msv|yintmgrmtesup-tw`dat°Migh' resolution aerial photography as a core capability for Santa An& Orange County Parcel data for the entire city uf Santa Ana plus a reasonable buMertu a|!oe/k// Interagency project needs The parcel graphics will he updated according tvthe Countyupdate schedule with new information as provided by the Orange County Surveyor and Assessors office, ap_�c_el _tnLQc_1n_aL1_on and will coordinatte with the.Counly to correct errors in he data as th _�.y are fo8uld, DMPmointmiuq parcel data for the entire County nf Orange and will provide coverage for the City uf 5m°ta Ana plus e minimum 50O4nn< buffer. BMP updates graphics based on the County schedule. Parcel Oita errors and issues reported to DMP are sent directly tw the County ax they are reported. n o Orange County Tax Roll data for die entire city of Santa Ana plus a reasonable buffer to allow for interagency project needs This data may be provided by any third-partV supplier. The tax roll data should include ALL possible fields collected by the, County Assessor and the vendor should attempt tu ensure the completeness ofALiprovided fields in the tax roll data, OMP maintains Orange County Tax Roll data for the entire County of Orange and will provide coverage for the City of Santa Ana plus a minimum 500-foot buffer, The tax roll data includes all possible fields collected by the county assessor, which are vetted for completeness and updated regularly WyOMP� 1 lie tax data will be integrated into the hosted map based platform so when a user selects a parcel onscreen they can see the linked tax roll data attributes for that parcel. GovClarlty'" meets and exceeds this requirement with parcel identification. The hosted map based application will provide. several methods for producing buffer notification reports (e.& distance from parcel, selection from CUStOlin pn|ygvnshapcUics, selection from custom drawn markup objects, et") arid output the revo|hog list }oa variety ufformats. ��U� ���U� � -��m� l7\Page � DIGITAL nvvvno �� pRVQocrs City of Santa Ana Public Public Works Agency PROPOSAL ~RFP 17'002 Geographic Information Systems Services and Data GovClarltV7" meets and exceeds this requirement with buffer and notification The hosted map based application will allow the user to query the tax roll data nna Custom selection o/attdbute* and ovtputthe resulting list ina variety offormats, GovClarlty'� meets and exceeds this requirement The hosted map based application will provide upto15 years n|property transaction history, GcvClarity"° meets and exceeds this requirement, maintaining more than 15 years mf prop" transaction history. o Ma7ard Layers ~ The vendor will provide various government created hazard byeoand update them asneeded/neqoested.(Spismit' Fire, Flood, Manmade, etc) GwvOarity"° meets and exceeds this requirement with hazard layers including seismic, fire, flood, manmade and more. o Census Layers —The vendor wifladd new census geography layers as they are released. (Tm't, Block Group and Block level dataj GovClarlty' rneets and exceeds this requirement — all updated layers are immediately available t* the end user through the application interface. u Custom shapefiles — The hosted map based application will allow the loading of custom dl§2Cf_Hk2,fo/ display, Ado)ioistraio'swiUbe able \o load flies for all u>a,stvview. Ind iv{dua| users *i||be able to|oadshmpen|es for personal use vn their user account. GmvclarMlrm" meets and exceeds this requirement. Users can load custom mhmpeN|8esfor personal use on their account or to be shared with other users, and administrators can food custom shapefiles for use In their personal account, or shared for all users to view. u The application will offer various symbolizatfon choices for layers: colors, line styles, point symbols, etc. GovClarity'� meets and exceeds this requirement with robust symbolization. Features/Tools * The hosted map based application will offer various markup /drawing and measurement tools, including the ability tu draw a rectangle using two points ofinput. GwxClarity' meets and exceeds this requirement with robust drawing tools, enhanced with the ability tm draw a rectangle using two points uyinput. 1D1Poge ��U� ���U� � -��� City of Santa Ana Public Public WoHts Agency PROPOSAL - RFP 17.002 Geographic Information Systems Services and Data DIGITAL MAP PRODUCTS Markup layers should have the ability to be made persistent and saved for later use. GovClarity'" meets and exceeds this requirement. All markup layers can be saved and will persist for later use. The hosted map based application will offer the ability to save various map views and bookniark locations for later use. GovClarity *" meets and exceeds this requirement. Saved Map Views will retain all details of existing inap composition (layers, zoom, filters, etc.), and can be shared with other account users. Saved bookmarks locations provide for quick return access to a location for later use. + The hosted map baser) application will offer various search methods to find locations. (Address, APN, Intersection, etc.) GovClarity'" meets and exceeds this requirement. Users may search by APN, Address, Intersection, Lat /Lon, owner name, and more. Reports / Output + The hosted map based application will offer several methods to generate printed maps and reports. GovClarity"" includes robust turnkey print and reporting capabilities as well as the ability to custom configure printing and reports at the discretion of the customer. o Required formats: " Reports: Microsoft Excel or Comma Separated Values, Adobe POF, assorted Avery Label formats for owner and occupant address lists. GovClarity'"° meets and exceeds this requirement. Maps: Adobe PDF or JPEG formats. • Ability to add custom titles and footnotes GovClarity'" meets and exceeds this requirement. • Ability to include /exclude rnap legend GovClarity' meets and exceeds this requirement. • Ability to specify custom map scales, GovClarity " meets and exceeds this requirement. • Ability to specify custom paper sizes: (Letter, Tabloid, ANSI E, etc.) GovClarityTM meets and exceeds this requirement, The hosted map based application will offerthe ability to save reports and recall them for use at a later time. GovClarity'" meets and exceeds this requirement. 19IPage 25H -86 City of Santa Ana Public Public Works Agency PROPOSAL - RFP 17.002 Geographic Information Systems Services and Data DIGITAL MAP PR0DUCTS Integration with City Appidcations The hosted application will integrate with the City's custom internal EDNIS (Electronic Document Management System) website to allow for spatial selection of City engineering plans and documents. a From a custom layer of street centerlines, interactively select street via a two -point rectangle (inside selection or pass -thru selectkmn . o Build a custom URL based on that selection. c, Pass the custom URL to internal EDMS document server to display relevant documents. GovClarityl" meets and exceeds these requirements today through the following features: • Tool bar customized to add "Find Drawings command, using the draw rectangle to complete the workflow described above • Added draw rectangle tool to draw tools menu • Created intersection locate based on City's street centerline data • Tool bar customized to add the reset map command Through City application integration, GovClarity offers deep insights into your data and builds the foundation for exceptional constituent service. Location is the log"I integration point for local government data, systems and activities. GovClarity can be custom configured to integrate with existing and future City applications at the City's discretion. 201 Page 25H -87 City of Santa Arta Public Public Works Ageocy PROPOSAL - RFP 17 -002 Geographic Information Sy:tents Services and Data DIGITAL MAP PRODUCTS PROPOSAL OPTION 2: Digital Aerial Orthopheatography Project scope The City of Santa Ana seeks to acquire 7.5 cm (V) pixel resolution color digital Orthophotography. The Orthophotography will be captured with a large format calibrated digital aerial mapping camera, it will be ortho- roctified using an accurate DTM created from the digital imagery (accuracy and additional specs below). The project limits will be based upon the attached boundary description document (Attachment 5), DMP Proposes the continuation the integrated Orthophotography already in place at the City provided by Eagle Aerial, which meet and exceed the requirements laid out in this scope of work. Eagle and DMP have worked for years to integrate Eagle's streaming service with DMP's SaaS platform at a level of performance that is industry leading and free of lag and failure issues that often occur when merging diverse solutions. The integration process was complex and required the implementation of proprietary technologies and skill sets that allow the level of integrative performance between the Eagle imagery stream and the DMP software solution to be seamless. Due to the extensive efforts over the years, performance specs meet or exceed the following industry leading standards: Availability: 99.99% uptime Response Times: 90% tiles under ASOms 49% tiles under 800ms 99.99% tiles under 120oms The City desires to have one point of contact for all interactions with the Vendor in regards to the Digital Atrial Orthaphotography Project. The City also desires the option to change the point of contact as needed during the course of the agreement, at the City's discretion. See Project Management and Oversight proposed in Company overview – Project Team Members, The city desires to enter into a three -year agreement with the vendor with the option to extend the agreement for an additional two years. In the sealed fee proposal, the Vendor will provide four (4) quotes based on the project requirements listed below for the following deliverable schedules: Initial Three Year Contract Schedules: Delivery Schedule one: Imagery flown and delivered in years one, two and three. Delivery Schedule Two: Imagery flown and delivered in year one and year three. ExtendecJ—Fptlrt1Laan I fifth Year Contract Scheduig Delivery Schedule Three: Imagery flown and delivered in year four and year five. Delivery Schedule Four: Imagery flown and delivered in year five. 211Page 25H -88 (Ity ot.rsaa,ta Ana 11uhh( i'uhhc Worizs Agency 4'htJt'OSA14 -RFI' 17-1)c1' Geographic tnhwtuation Systems Services arts# Data DIGITAL MAP PRODUCT$ Project Requirements Horlaontal Aqg L4 rr c The daturn for horizontal adjustments and positions must be the North American Datum of 1983 (NAD 83). The datum for vertical adjustments and elevations will be the North American Vertical Datum of 1988 (NA VD 88). Further, it must be adjusted to the 2007 [POCH adjustment by the County of orange to account for ground shift In orange County that has caused 2.2' average shift from the 1988 NAD datum. All horizontal values must be published in the California Coordinate System 1983 . (CCS83), Zone 0, State Plane values in U.S. Survey feet. Eagle Aerial Orthophotography meet and exceed these requirements, The ortho Images Must be tied to the current Geodetic control network Prom the orange County Survey Department. They must also have a horizontal accuracy of plus /minus one foot or better throughout the project area. Eagle Aerial Orthophotography meet and exceed these requirements. Ejight Ca njaion All aerial photography must be performed in accordance with specifications established by the American Society of Photogrammetry acrd Remote Sensing. A large format, calibrated digital mapping camera with forward motion compensation must be used. T'he vendor will deliver a Camera Calibration Certificate for the camera used. Planning and acquisition will be performed under the direction of an ASPRS Certified Phatogrammetrist, The Vendor will provide a copy of the certificate confirming the ASPRS certification upon request. Eagle Aerial Crrthophoteagraphy meet and exceed these requirements. Eagle will provide a copy of the ASPRS certification upon request. Bather time of day grid time of ye7r The photography must be captured in the May /June time frame with the sun at least 30 degrees above the horizon. Visibility at time of capture must be a rninimum of 10 miles as reported at local weather stations to assure clear, crisp images. Eagle Aerial Orthophotography meet and exceed these requirements. 221 Pa 8e 25H -89 City of Santa beta Public Public Worsts Agency PROPOSAL - RFP 1" -002 Geographic Information Systems Services and Data DIGITAL MAP PPODUC FS Digital 0rthcipl-iotogLqp_hv Production The orthophotography must be produced with 0.25 -foot resolution or better. All orthophotography must be delivered In GCb_ TIF and MrSID image file formats with associated World files. The images will be mosaic'd and seamless in appearance. Radiometric adjustments will be performed to balance brightness and contrast of the imagery over the entire project area with the intent that It should match the brightness and contrast of the orthophotography deliverables from previous years. The ortharectified .TIF files must be tiled for delivery according to an index, tiling scheme, and file naming convention provided by the City. The tiled files will be edge matched and seamless in appearance. The MrSID compression will be, conducted at a minimum 20:1. ratio to create a singular file consisting of all seamless orthorectified tiles. Eagle Aerial Orthophotography meet and exceed these requirements. ORANGE COUNTY AERIAL PHOTOGRAPHY Eagle Aerial Imaging his been providing aerial photography of the Orange County, California area for nrore than 20 years. Eagle is centrally located in Orange County, California. As an Grange County aerial Imagery company, Eagle has provided aerial images, aerial maps, ortho images, and aerial surveys to the largest and most respected government and private organizations in the Southern California as well as many smaller entities wanting quick service and good value. Del ailed summa y af. c eliverabies far each year imagery is f own and deliv_ered,: • A Camera Calibration Certificate for the camera used for the Plight and imagery acquisition. A Camera Calibration Certificate for camera used will be delivered with the imagery. • Document that provides the date, time and weather conditions for the image acquisition. Documented weather conditions during imagery acquisition will be provided. • A perpetual enterprise license for the imagery for the entire City of Santa Ana to use, Including emergency responders for dispatch and inside the MDC units in their vehicles. The city will be allowed to give copies of the licensed imagery to consultants and contractors doing work on behalf of the city under a pre - created sub license agreement provided by the vendor. These requirements are all included in the proposed licensing of Eagle Aerial Imagery. • The imagery must be able to stream into SaaS CIS service "Digital Map Products - Govt;larity" or other SaaS CIS web -based service for Ei a dltion la_char�ge. The imagery is fully integrated into DiVIP's GovClarity product producing a comprehensive streaming environment for the end user. 231 Page 25H -90 City of Santa Arta Public Public Works Agency PROPOSAL - RFP 17 -002 Geographic Information Systems Services and Data DIGITAL MAP PROD tic 7S One complete set of orthorectified image files in GEO_TIF file format with world files matching the boundary extent as determined by the city. The vendor will work with the City to determine the best compression method, tiling and pyramid levels to meet the City's needs. Proposed imagery meets this requirement and DMP and Eagle will work directly with the City to determine best methods to meet City's needs. One MrSIO compressed and mosaic'd image file of the entire city matching the boundary extent as determined by the city. The vendor will work with the City to determine the best MrSID file creation settings to meet the City's needs. Eagle imagery meets and exceeds these requirements. r The vendor will keep a digital copy of the deliverables for the duration of the contract, in the event that the City needs to re- download them for no additional charee. Eagle and DMP stores digital copies of deliverables in the event the City needs to re- download thews. + Photo index sheet of tiled files. Photo index sheet will be provided to show tiled files upon request by the City. Include an ggljLon for delivery of the 4th band (NIP). The vendor will work with the City to provide a set of false color orthorectified image files in GECI_TIF file format with world files matching the boundary extent as determined by the city. The vendor will work with the City to determine the best compression method, tiling and pyramid levels to meet the City's needs. Eagle Aerial provides various options for 4`s Band NIR imagery and will work with the City to determine hest compression method to meet the City's needs, This option is included and all pricing options included in separate submitted cost proposal. Includearipp t o for onsite delivery on portable hard disk or downloaded via electronic delivery (for sales tax savings) Option is included and all pricing options included in separate submitted cost proposal. Include an,gp r for a Digital Terrain Model (DTM) and 2-foot Contour Generation. The Vendor shall create and deliver to the City a digital file of the DTM created in connection with the imagery ortho- rertification project and derived 2 -foot contours in Microstation DGN file format created using Phodar, t idar or whatever technological approach Vendor chooses. Eagle Aerial provides custom, highly accurate, photogrammetrically created elevation and contour data to assist in slope analysis, hydrologic studies, grading plans, 30 modeling and the like. Contour intervals as close as 2 foot can be created through a rapid and highly efficient process. This option is included and all pricing options included in separate submitted cost proposal. 24 1 page 25H -91 City of S anta Etna Pohlir Public Yi ortcs Agency PROPOSAL - HVP [ ; - 002 ('voge Aphic Intonnafaon ysteraas services and Data DIGITAL MAP PRODUCTS PROPOSAL OPTION 3: Graphic Parcel and Assessor Data ?I oject Scope The City of Santa Ana seeks to acquire Orange County parcels, centerlines and tax roll data for the City in GIS, CAD and tabular formats on an annual and /or quarterly basis. DMP is the current provider of Graphic Parcel and Assessor Tax Roll Data used by the City of Santa Ana and hundreds of users throughout the state. DMP proposes to continue to provide the City of Santa Ana with SmartParcels "" and centerlines for a seamless integrated approach and data continuity throughout all products used at the City. SmartParcels Parcel and Prooerty Data SmartParcels empowers your geospatial and lunation -based systems, applications and analytics with better location context, accuracy and interactivity. Leverage the power of nationwide parcel data and property attribute records, which we standardize and join together from thousands of local government offices on an ongoing basis. Heighten your location intelligence with our parcel data, unparalleled in accuracy, breadth, currency and depth of detail. Ultraprecise and Detailed Pasitional Accuracy SmartParcels parcel data comprises key elements driving location accuracy and detail: • parcel boundary • parcel level geocode orcentroid • parcel APN /Tax ID number • parcel address /SITUS • parcels linked with property and tax attributes such as ownership, land use, assessed value and more SmartParcels are platform independent and can be integrated into any standard commercial application or in- house system. SmanParcels can be delivered via our ParcelStream web service /API, a module of our Spatial5tream platform, providing an easy integration into your applications with unequaled performance and user interactivity. We also offer SmartParcels via on-site delivery (Shapefile, FGDB) when controlled deployment on your premises or behind your firewali is desired, 251Page 25H -92 City otSant=a And kruttlic Public Works Agency 11RO110SAI, - RF'P 17 -002 Geogriphic Information Systems Sevvic €:rs <and Data DIGITAL MAP PRODUCTS Project Requirements t`tohir Cara U t County ParcCl GCs Data IMiningm�g�z Irementsl For each year of the contract, the Vendor will provide updated Grange County parcels, centerlines and other county GI5 data in ESRI File Geodatabase format and Microstation DGN format. Once the County has released the updated parcels, the Vendor will deliver the processed data to the City within 30 days. DMP's SmartParceis meet and exceed this requirement. Data will be delivered in File Geodatabase format and Micrastatlon DGN format within 30 days of County release to DMP. The City desires a perpetual enterprise license for the parcels that allows unlimited use for all city employees, consultants, contractor's and agents of the City. The City desires the right to distribute derivative datasets based on the parcels (zoning, land use, etc.) on an Open Data webaite for download by the public. These requirements are all included in the licensing of DMP SmartParceis -' The City will determine the required fields and projection information for the deliveries. Over the duration of the contract, the City may require that the parcels be delivered in a format that is compatible with the ESRI Local Government Information Model (LGIM) schema. The Vendor will work with the City to provide the parcels in the desired formatjscherna. Digital Map Products will work with the City to provide SrnartParcels " in the desired format.Jschenxa. ESRI File, eotlatabase Deliverai5lgs {annual delive vl • The Vendor will provide the Orange County Assessor's parcels and centerlines in ESRI Mile Geodatabase format. DMP SmartParcels and street centerlines will be delivered in File Geodatabase format. • The Vendor will include a table in the File Geodatabase that relates the ORJECT'ID of the Parcel to the Assessor's parcel Number (APN). 'T'he Vendor will work with the City to deliver this table in the format the City desires. DMP will work with the City to deliver a File Geodatabase table in the format the City desires. • The Vendor will work with City to deliver the data with the attributes in the schema the City desires. DMP will work with the City to deliver the attributed In the schema the City desires. • The minimurn extent of the delivery will match the data extent as indicated in Attachment S of this RFP, 26)Page 25H -93 Cite ofSanta Anaa Pul>lir i'talriit 1i orlts Agency PROPOSAL .. RF1' 17 -002 (;e`aauj apilu 8nfua atratiolt `vSiclus Sea'vict's and ii,atit DIGITAL MAP PRODUCTS Dmil Sm'1rtParCel% will com:riue to meet the data extent as indicated In Attachment S. * The Vendor will deliver the parcels and centerlines within 30 days of the County releasing the updated parcel information, DMP will meet the City delivery requirements for parcels and centerlines, * The Vendor will utilize an : i P site for electronic delivery. DMis will utilize an rTP site for electronic. delivery. The Vendor will: s Microstatipn DGN,_Delivarables_jannual delaigryl * The Vendor will provide the Orange County Assessors' parcels and centerlines in Microstation V8 DGN Format. UMP will provide Smartparcels and centerlines in Microstation V8 DGN format, • The City will deliver an example DGN file to the Vendor so the Vendor can match the projection, working units, levels, line styles, colors and all other applicable DGN attributesas required by the City, DNIP will work with the City's example DGN file to match projection, working units, levels, line styles, colors and all other applicable DGN attributes as required by the City. * The minimum extent of the delivery will match the data extent as indicated in Attachment 5 of this RFP. All data delivery by OMP will meet the extent indicated in Attachment S. * The Vendor will deliver the parcels and centerlines within 30 days of the County releasingthe updated parcel information. DMP will tweet the City delivery requirements for parcels and cemerlincs. * The Vendor will utilize an PTP site for elr•,ctrvnicdelivery, DMP wifl utilize RTP site for all electronic delivery - 271Page 25H -94 City of Santa Aria Public Public Works Agency PROPOSAL - RFP 17 -002 Geographic Information Systems Services and Data DIGITAL MAP PRODUCTS 7abtalar Oranae County Assessor Tax Rnll Data tM'anlmum Requirements! SmartParcels Parcel Data Linked with Property Attributes Our SmartParcels property attributes datasets offers unparalleled insight into real estate. SmartParcels parcel data linked with detailed property characteristics including ownership, land use, building characteristics, site details, legal description, tax, valuation, and transaction history to fuel refined property planning and engagement strategies across all properties you target or service Digital Map products' SmartParcels parcel attributes data is sourced primarily from assessor tax rolls and deed updates from county recorder offices with advanced address verification and normalization techniques. The Vendor will provide updated orange County Assessor's Tax Roll information in Microsoft Access Database format on a quarterly basis. CAMP will provide quarterly OC Assessor's Taff Roll to the City in Microsoft Access Database, The City desires a perpetual enterprise license for the Tax Roll data that allows unlimited use for all city employees, consultants, contractors and agents of the City. DIVIP Smartparcel licensing meets these requirements and needs. The City will determine the required fields for the deliveries, over the duration of the contract, the City may require that the tax roll data be delivered Ina format that is compatible with the ESRi Local Government Information Model (LGIM) schema. The Vendor will work with the City to provide the assessor data in the desired format /schema. DMP will work with the City over the course of the contact to ensure data Is delivered in the desired format /schema. While the City requires this data to be delivered in Microsoft Access database format, the City is open to additional new products that feature the tax roll data in other formats. The Vendor will work with the City to ensure the City's needs are met if any delivery format changes occur. DM9P will work with the City to ensure the City's needs are met If any delivery format changes occur. 281Page 25H -95 t 4�� I" AFIi 4 3'"bfit DIGITAL AP t�i,ta,t �t fit RUT t°;,i�V PRODUCTS 6'iat31'874;1R RUT f, tr�ag; I "d i'li ta. tndV lji L3i71 rgi Stoic "tfiY& S�t'PG'SCE' -.S awl tlmt I6i Pittal'aP'ii4 Provided in an attached sealed envelope, 25H -96 REQUIRED FORMS APPENDIX CERTIFICATIONS NON- C01 ,r.USIO9' AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or share; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost clement of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, Note: The above Non- collusion Affidavit is part of the Proposal, BIDDERS are cautioned that snaking a se certification may subject the certifier to criminal prosecution. State of Calf rnia County of . Subscribed and .warn to or affirmed) before tneon this-& ,,,day of;_ , 20r`f, by .# , proved to me on the basis of satisfactory evidence to be the persrfi who a pc;areci before me Notary Public Scal f,BIRCC KEYES CommI$$Jon wl 2104505 Notyty Publkr, Cajltornl4 mange country n I'�.. .. 1y_Commw(ixultert�,2U�y'> Page I of 2 25H -97 REQUIRED FORMS APPENDIX CERTIFICATIONS NON- DISCRI 1Ni T The undersigned consultant or corporate officer, during tltc performance ofthis contract, certifies as follows: The Consultant shall not discriminate against ally employee or applicant for employment because of race, color, religion, sax, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including; apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2 'The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employrntmi without regard to moo, color, religion, sex, or national origin. 3. 7be Consultant shall send to each labor union or representative of workers with which lie /she leas a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consuttunt's commitments under this section, and shalt post copies of the notice in conspicuous places available to employees and applicants for employment, 4 The Consultant shall comply with all provisions of Exceu'tive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall famish all information and reports required by Executive Order f 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, rand accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may Cie canceled, terminated, or suspended in whole or in part and the Consultant may be declared inefigibfe for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of labor, or as otherwise provided by law. Page 1 of 2 25H -98 REQUIRED FORMS APPENDIX CERTIFICATIONS 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Carder 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. &. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapten Signed: Title: Date:i Page 1 of 2 25H -99 - - ---- -- Rk UIRED FORMS APPENDIX CERTIFICATIONS NQN'-LQBRYINGU UlEILAT-1Qiti The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that; (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making or any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated fund-, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with as Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Titic 31, U& Code. Any person who fails to File the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be hichi4ed in all lower tier subcontracts, which exceed $ 100,000 and that all suach sub recipients shall certify and disclose accordingly. Signed: Title: Firm: Date: z C Page I oft 25H-100 i 2017 Data Boundary / Aerial Tile Map �%iN7a25S0 UW:;V' X GGA3744 6GS4gp ry(r� Y:2TU'tayp.Opaf cd -+ t25tad @.Qd9�tA E7 25H -101 E F X LL i 4 i e r, r !i3 <53 pflpf50 % +.d• ".i SSPV+9 Y.2tYt50.Cd)C'U Attachment5 25H -101 EXHIBIT B TERMS & CONDITIONS Page 11 of 12 25H -102 '!PRDIGITAL MAP ODUCTS Exhibit Conter B Sublicense Terms and Conditions By executing the Consultant Agreement that references these Terms and Conditions (collectively, the "T &C "), You agree that the T &C terns govern Your acquisition and use of the Licensed Products. If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms, in which case the terms "You" or "Your" shall refer to the entity and its affiliates. If You do not have such authority, or If You do not agree with these terms and conditions, You must not accept the agreement and may not accept or use the Licensed Products. 1. DEFINITIONS "Contributed Database" means Databases licensed by certain Contributors to Us with the right to grant sublicenses as set forth herein and identified on the Consultant Agreement. "Contributor" means a third party licensor of any Contributed Database to Us. "Database" means a compilation of geographic, cartographic, engineering, architectural, tabular, text, and/or other data, information, or works, Including, but not limited to, graphic and /or fie data in automated or manual form. "Derivative Products" or "Derivatives" shall mean all works created by You which incorporate all or part of the Licensed Products, including, but riot limited to, any revision, modification, translation, abridgment, condensation, expansion, collection, compilation or any other form of, or modification to the Licensed Products. "Intended Use" means the specific works, uses, purposes, end users, and industries expressly described on the Consultant Agreement. Unless expressly stated otherwise on the Consultant Agreement, the Intended Use is limited to internal geospatial mapping products, activities, and applications, and does not Include any form of commercial use, distribution, publishing, sublirensing, modifying, reformatting, creation of derivative works, products, or databases, marketing or telemarking activities, models or algorithms, application programming interfaces, appraisal, title or other legal reporting, debt collection, insurance, use of personally Identifiable information, legal services or products, extracting or otherwise modifying, processing, or removing data elements. "Licensed Products" means the products ordered by You pursuant to the Consultant Agreement and may include portions of the Contributed Databases. "Consultant Agreement" means a contract entered or submitted in response to a Request for Proposal specifying the Services to be provided hereunder that is entered into between You and Us, including any addenda and supplements thereto. By entering Into an Consultant Agreement hereunder, an Affiliate agrees to be bound by the terms of this agreement as If it were an original party hereto. "Visual Output" means printouts, plots, displays, photographic film, printed matter and other visual representation of data. "We," "Us" or "Our" means Digital Map Products, Inc. or Its affiliate. "You" or "Your" means the company or legal entity, and any of its affiliates, for which you are accepting this agreement. 2, GRANT OF LICENSE We hereby grant, and You hereby accept, subject to the terms and conditions of this agreement, a non - exclusive, non - transferable, and non - assignable right and sublicense to use the Licensed Products solely for the Intended Use, from the Effective Date hereof until this agreement is terminated or expires in accordance with its terms. You may produce Visual Output from the Licensed Products only for the Intended Use, Subject to the terms of this agreement, You may create and distribute Derivative Products to the extent that such Derivative Products are part of the Intended Use. You shall be able to use such Derivative Products and all intellectual property rights attributable or corresponding thereto, royalty -free, in perpetuity, under the terms of this agreement, solely for the Intended Use provided that such use does not include any attempt to reverse- englneer any aspect of Licensed Products or to compete with Us or the Contributors. 25H -103 Except as expressly permitted herein, You shall have no right to assign, transfer, or sublicense any aspect of the Licensed Products other than to Your rightful successors or assigns by means of a merger or sale of all or substantially all of Your business, You shall have no right to resell, redistribute, or relicense any aspect of the Licensed Products, Any resale, Redistribute, or relicenso rights specifically require a completed Content Solutions Resale Sublicense Agreement separate and distinct from this agreement. Your contractors, consultants, and agents that You engage for the Intended Use may use the Licensed Products in digital format as long as (a) these third parties' use is only for the Intended Use, (b) these third parties do not sell, license, or otherwise distribute Licensed Products or any portion thereof, (c) these third parties must destroy any copies of the Licensed Products or portions thereof Immediately upon termination or completion of their scope of work as related to the Intended Use, (d) these third parties are not competitors of Ours or of the Contributors, and (e) these third parties must abide by the terms of this Agreement. Without limiting the foregoing, You agree that You shall In no event use any aspect of the Licensed Products other than for the Intended Use. 3. OUR RESPONSIBILITIES 3.1. Delivery Formats and Schedules. We shall make delivery of the Licensed Products to You pursuant to the formats and schedules designated on the Consultant Agreement. Unless indicated otherwise, We will only make one (1) data delivery. 4. YOUR RESPONSIBILITIES 4.1. Compliance and Protection from Unauthorized Access and Use. You will be responsible for (a) compliance with the terms of this agreement by any parties to whom you grant access to the Licensed Products or Derivative Products, (b) securing and protecting the Licensed Products and Derivatives from unauthorized distribution and access, (c) preventing any use of the Licensed Products or Derivatives outside of the Intended Use, (d) preventing access from any of Our competitors or those of our Contributors to any portions of the Licensed Products, Derivatives, or any related information; (e) ensuring that no aspect of the Licensed Products Is used In any way that (1) violates any law, statute, ordinance, or regulation; (2) infringes a third partes copyright, patent, trademark, trade secret, or other proprietary rights of publicity or privacy; or (3) is defamatory, trade libelous, unlawfully threatening or harassing. 5.1. Fees and Payment. In consideration of the license rights granted in Section 2, You shall pay all fees as set forth in the Consultant Agreement, plus all applicable taxes, levies, duties, or similar governmental assessments of any nature. Except as otherwise specked herein or in an Consultant Agreement, (a) fees are based on Licensed Products purchased and not contingent upon Your actual usage, (b) payment obligations are non - cancelable and fees paid are non - refundable, (c) fees shall be made In advance at the beginning of each contract year unless specified otherwise in the Consultant Agreement, and (d) You shall be invoiced in full upon delivery and You will be pay the invoiced amount to Us in full within fifteen (15) days from date of involve. 5.2. Non - Payment or Failure to Pay. A charge of 1.5% per month may be assessed on any outstanding and past due invoices until paid In full. You will be charged for any cost of collections including, but not limited to, agent fees, legal fees and costs, and other associated expenses. If Your access and use Is terminated or suspended due to nonpayment or non- compllanca, You shall nonetheless still be responsible for any fees as set forth in this Agreement. If We do not receive from You payment for the invoiced amount within thirty (30) days of its due date, We may suspend Your access and use of the Services and Content, until You bring Your account current. 5.3. Term of Agreement, This Agreement will continue for the period defined in the Consultant Agreement as the "Initial Term ". The agreement can be renewed for an additional two (2) years upon approval from the City Manager. Upon termination, any non- perpetual licenses granted by DMP under this agreement are Immediately revoked, 6. PROPRIETARY RIGHTS, ADDITIONAL LICENSE LIMITATIONS, AND CONFIDENTIALITY 0.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We and Our Contributors reserve all of Our /their rights, titles, and interests in and to the Licensed Products and Contributed Databases, Including all of Our/their related intellectual property rights. You understand that We may at our sole discretion replace Contributors at any time without notice. You agree that any works commissioned or undertaken by Us pursuant to or in supplement to this Agreement shall be and remain Our property unless indicated otherwise. No rights are granted to You hereunder other than as expressly set forth herein. Content Solutions Sublicense Terms and Conditions Page 2 of 3 25H -104 6.2. Proprietary Notices. We and our Contributors claim and reserve all ownership and rights afforded at law and in equity in all data, compilations, and materials that constitute the Licensed Products, including, but not limited to, all rights under federal copyright law. You agree to respect and not to knowingly or maliciously remove, obliterate, or cancel from view any copyright, trademark, confidentiality, or other proprietary notice, mark, or legend appearing on the Licensed Product or on the Visual Output, including, but not limited to, any such notices displayed to the user during the operation of the Licensed Products and any such notices in the documentation, and agree to use reasonable best efforts to reproduce and include the same on any copy of the Licensed Product or any portion thereof distributed to Your consultants, agents and contractors. 6.3. Confidential Information. Each party agrees to keep confidential all confidential Information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof, in the same manner in which It protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information). You acknowledge that the unauthorized use, transfer, assignment, sublicensing, or disclosure of the Licensed Products, documentation, Derivative Products, or copies of any portions thereof will (a) substantially diminish the value to Contributo rs of their intellectual property, (b) render Our remedy at law for such unauthorized use, disclosure, or transfer inadequate, and (c) cause irreparable Injury. If You breach any of Your obligations with respect to the use or confidentiality of the Licensed Products, documentation, Derivative Products, or any copies of portions thereof, We shall be entitled to equitable relief to protect Our interests therein, including, but not limited to, preliminary and permanent Injunctive relief, Upon (presentation of just cause and) ten (10) days' written notice to You, We shall, with Your consent and permission, have reasonable access to inspect and audit Your procedures and to examine Your computer systems In order to determine whether such procedures and computer systems comply with the requirements set forth in this Agreement. 7. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS 7.1, Our Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. WE PROVIDE THE LICENSED PRODUCTS ON AN "AS IS," "AS AVAILABLE' BASIS, NEITHER WE NOR OUR CONTRIBUTORS MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT WHATSOEVER REGARDING AVAILABILITY OR ACCURACY OF THE LICENSED PRODUCTS AND /OR CONTRIBUTED DATABASES, WE MAY ALTER OR REDUCE THE AVAILABILITY AND QUALITY OF THE LICENSED PRODUCTS AT ANY TIME WITHOUT CAUSE IN OUR SOLE DISCRETION. NO AGENT OF DMP IS AUTHORIZED TO ALTER OR EXCEED Tf IE WARRANTY OBLIGATIONS OF DMP AS SET FORTH HEREIN. NEITHER US NOR ANY CONTRIBUTORS WARRANT THAT THE LICENSED PRODUCTS OR RELATED E -MAILS SENT ARE FREE OF ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, BY ACCEPTING THIS AGREEMENT, YOU DISCLAIM ALL LIABILITY AND INDEMNIFICATION OBLIGAI "IONS EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, 7.2. Limitation of Liability. Our aggregate and maximum liability in connection with any claim arising out of or relating to this Agreement shall be limited to a refund of 12 months of fees paid by You to Us. Neither We nor the Contributors shall be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including attorneys' fees) arising in connection with the Licensed Products, or any failure by Us to perform our obligations, regardless of any negligence alleged. 7.3. Indemnification. We will defend and Indemnify You against a third -party action, Suit, or proceeding against You to the extent such claim is based upon an allegation that the Licensed Product, as of Its delivery date under this Agreement, infringes a valid United States patent or copyright or misappropriates a third party's trade secret. If a third party alleges that your use of the Licensed Products in breach of this Agreement infringes or misappropriates intellectual property rights or violates law, You will defend and indemnify Us and the Contributors against any such claim, demand, suit, or proceeding. Including any judgments, settlements, and attorney fees. 8. ADDITIONAL PROVISIONS 8.1. Non - Assignability. Neither party may assign or transfer this Agreement without the prior written consent of the other party. Any unauthorized assessment or transfer will be null and void, and enables termination. This Agreement is binding upon any authorized successor or assignee. 8.2. Entire Understanding. This Agreement is the parties' entire agreement relating to its subject, and supersedes any prior or contemporaneous agreement. Any amendment must be in writing and expressly state that it is amending this Agreement. 25H -105 8.3. Governing Law & Arbitration. This Agreement is governed by California law, excluding California's choice of law rules. All disputes relating to this Agreement will be subject to binding arbitration pursuant to the rules of The American Arbitration Association or the Judicial Arbitration And Mediations Services, Inc. The exclusive place of the arbitration shall be Orange County, California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. For the purpose of entry of judgment on such an award, the parties consent to personal jurisdiction In the courts of Orange County, California. 8.4. Headings Not Controlling. All captions and headings in this Agreement aro for purposes of convenience only and shall not affect the construction or Interpretation of any of its provisions. 8.5. Severabihty. If any provision of this contract is held to be illegal, invalid, or unenforceable, such provision is fully separable, and the remaining provisions of the contract shall remain in full force and effect. Content Solutions Sublicense Terms and Conditions 25H -106 Initials Date Page 4 or 3 �J� DIGITAL MAP U PRODUCTS Exhibit B Web Application Subscription Terms and Conditions By executing the Consultant Agreement that references these Terms and Conditions and initialing these Web Application Subscription Terms and Conditions (collectively, the "T &C "), You agree that the T &C terms govern Your purchase and use of Digital Map Products ( "DMP ") Web Application and Content. If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms, in which case the terms "You' or "Your' shall refer to the entity and its affiliates. If You do not have such authority, or if You do not agree with these terms and conditions. You must not accept the agreement and may not use the Web Application or Content. This Agreement was last updated on June 301h, 2016. It is effective as of the date You signed the Consultant Agreement. 1. DEFINITIONS "Content" means any content provided through the Web Application (whether created by Us or Our third -party licensors), and includes but Is not limited to any information portrayed or rendered In any manner through the Web Application, including maps, data, analysis and Images of any kind. "Consultant Agreement" means an ordering document or submitted proposal in response to a Request for Proposal specifying the specifics of what is being provided hereunder that Is entered into between You and Us, including any addenda and supplements thereto. By entering into an Consultant Agreement hereunder, an affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto. "User" means an individual who is authorized by You to use the Web Application, for whom You have ordered the Web Application, and to whom You (or We at Your request) have supplied a user identification and password. "We;' "Us" or "Our" means Digital Map Products, Inc. or its affiliates. "Web Application" means the product You have requested access to and that has been ordered by You under this agreement and has been made available by Us, excluding any third- party web sites, content, or applications that our products and services link to. Any use of the term Web Application shall be assumed to include Content. "You" or "Your means the company or other legal entity for which you are accepting this agreement, and Affiliates of that company or entity. "Your Data" means electronic data and information submitted by or for You to be incorporated into the Web Application 2, WEB APPLICATION, CONTENT, AND USAGE 2.1, Web Application and Content. We will (a) make the Web Application available to You pursuant to this agreement and the Consultant Agreement, (b) provide support for the Web Application to You pursuant to any such indication on the Consultant Agreement. Unless expressly provided otherwise, the Web Application is purchased as a subscription, and subject to usage limits, including, for example, (i) the number of Users and the geographic coverage areas specified in the Consultant Agreement and (ii) You may not extract more than 30,000 property records per month without a separate data license. Unless otherwise specified, the Web Application may not be accessed by more than the number of Users Indicated, a Users password may not be shared with any other individual, and Users will not attempt to access information or functionality outside of the purchased geographic coverage areas. 2.2 Your Responsibilities. You will (a) be responsible for Users' compliance with this Agreement, (b) be responsible for the accuracy, quality, and legality of Your Data and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Web Application, and notify Us promptly of any such unauthorized access or use, and (d) use the Web Application in accordance with any applicable laws and government regulations. 2.3 Usage Restrictions. You will not (a) make the Web Application available to, or use the Web Application for the benefit of, anyone other than You or Users, (b) sell, resell, license, subliro nse, distribute, rent, or lease any portion of the Web Application, (c) use the Web Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material In violation of third -party, privacy rights, (d) interfere or disrupt the integrity or performance of the Web 25H -107 Application or third -party data, (s) copy the Web Application or any part, feature, function, or user interface thereof, (f) copy, extract, or store Content except as expressly permitted, (g) frame or mirror any part of the Web Application, other than framing on Your own intranets or otherwise for Your own internal business purposes, (h) process, extract, conduct load testing on, or Place undue load on any part of the Web Application except as expressly permitted, (1) use the Web Application for marketing or telemarketing purposes; or (J) access the Web Application in order to build or enhance a competitive product or service. 2.4. Future Functionality, Updates, and Beta Services. You agree that Your purchase of use of the Web Application is not contingent on the delivery of any future functionality or content, nor dependent on any oral or written public comments made by Us regarding future functionality or content. You agree that We may make changes to the Web Application over time for any reason, without limitation, and that We may not continue to provide or support older versions of the Web Application We may invite You to try other Web Applications and options to Web Applications, Any such additional Web Applications and options may be subject to additional or separate terms and fees, In the event that such other Web Applications and options are trials or beta products, we will have no liability for any harm or damage arising out of Your use of such. 3. FEES, PAYMENT, AND TERM 3.1. Fees and Payment. You will pay all fees specifed In the Consultant Agreement plus any applicable taxes, levies, duties, or similar governmental assessments of any nature, Except as otherwise specified herein or in an Consultant Agreement, (a) fees are based on the purchased use and not actual Incremental usage, (b) payment obligations are non - cancelable and fees paid are non- refundable,(c) fees shall be made In advance in accordance with the frequency stated in the Consultant Agreement, (d) quantities or add -ons purchased cannot be decreased during the relevant subscription term, and (e) unless otherwise stated in the Consultant Agreement, Invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact Information and notifying Us of any changes to such information. 3.2. Non - Payment or Failure to Pay. A charge of 1.5% per month may be assessed on any outstanding and past due Invoices until paid in full. You will be charged for any cost of collections including, but not limited to, agent fees, legal fees and costs, and other associated expenses. If Your access and use is terminated or suspended due to nonpayment or non- compllance, You shall nonetheless still be responsible for any fees as set forth in this Agreement. If We do not receive from You payment for the Invoiced amount within thirty (30) days of its due date, We may suspend Your access and use of the Web Application, until You bring Your account current. 3.3. Term of Agreement. This Agreement will continue for the period defined in the Consultant Agreement as the 'Initial Term ", The Agreement can be renewed for an additional two years upon approval from the City Manager. Upon termination, any non- perpetual licenses granted by DMP under this Agreement are immediately revoked. 4. PROPRIETARY- RIGHTS, — LICENSES —AND- CONFIDENTIALITY 4.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of Our /their rights, titles, and Interests in and to the Web Application, including all of Our /their related intellectual property rights. You understand that We may at our sole discretion replace vendors or suppliers related to Content or Web Application functionality at any time without notice. You agree that any works commissioned or undertaken by Us pursuant to or in supplement to this Agreement shall be and remain Our property. No rights are granted to You hereunder other than as expressly set forth herein. 4.2. Preservation of Notices. You agree to include, and not to remove or obscure, any copyright, trademark, patent, or other notices appearing within our Web Application including any visual or printed depictions of the same. 43. License to Host Your Data. You grant Us a limited -term license to host, copy, adapt, modify, transmit, and display Your Data, as necessary for Us to provide the Web Application to You. You reserve all title, interest and Intellectual property rights to Your Data. 4.4. License to Collect Data and Use Feedback. You agree that We may collect and use Information gathered as part of the Web Application to improve Our technology, products, and Internal processes. You grant Us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Web Application any suggestion, enhancement request, recommendation, correction, or other feedback provided by You or Your Users. 5. CONFIDENTIALITY 5.1. Trade Secrets and Confidential Information. The Web Application is based on and includes Our proprietary trade secrets and confidential information. You will not modify, adapt, translate, reverse engineer, decomplle, attempt unauthorized access Web Aps]Ica tin n Subscription Terms and Conditions Page 2 of 3 25H -108 to, or disassemble any portion of the Web Application. You will treat the Web Application with at least the same degree of care (and no less than a reasonable degree of care) as that which You would treat Your own trade secrets and confidential information. You will not disclose the terms of this agreement or any Consultant Agreement to any third party. 6. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS 6.1. Our Warranties. EXCEPT FOR ANY EXPRESS WARRAN71ES PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. WE PROVIDE THE WEB APPLICATION ON AN "AS IS," "AS AVAILABLE" BASIS, WE MAKE NO REPRESENTATION, WARRANTY, OR COVENANT WHATSOEVER REGARDING PERFORMANCE, FUNCTIONALITY, AVAILABILITY, ACCURACY, OR SECURITY OF THE WEB APPLICATION OR YOUR DATA. WE MAY ALTER, REDUCE THE FUNCTIONALITY OR CONTENT OF, AND /OR TERMINATE THE WEB APPLICATION AT ANY TIME WITHOUT CAUSE IN OUR SOLE DISCRETION. NO AGENT OF DMP IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF DMP AS SET FORTH HEREIN. NEITHER US NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE WEB APPLICATION, SERVERS, OR ANY E -MAIL SENT ARE FREE OF ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, BY ACCEPTING THIS AGREEMENT, YOU DISCLAIM ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS OF OURS AND ANY OF OUR THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES EXCEPT AS EXPRESSLY PROVIDED HEREIN. 62 Limitation of Liability. Our aggregate and maximum liability in connection with any claim arising out of or relating to this Agreement shall be limited to a refund of fees paid by You to Us up to a limit of one year's worth of fees. We shall not be liable for any special, Indirect, Incidental, or consequential damages of any kind (including attorneys' fees) arising in connection with Your use of the Web Application, or any failure by Us to perform our obligations, regardless of any negligence alleged, 6.3. Indemnification. We will defend and indemnify You against a third -party action, suit, or proceeding against You to the extent such claim is based upon an allegation that the Web Application or Content under this agreement infringes a valid United States patent or copyright or misappropriates a third party's trade secret. If a third party alleges that Your Data or your use of the Web Application in breach of this agreement infringes or misappropriates intellectual property rights or violates law, You will defend and indemnify Us and Our third party providers, partners, and affiliates against any such claim, demand, suit, or proceeding, including any judgments, settlements, and attorney fees. 7. ADDITIONAL PROVISIONS 7.1. Non - Assignability. Neither party may assign or transfer this Agreement without the prior written consent of the other party. Any unauthorized assessment or transfer will be null and void, and enables termination. This agreement is binding upon any authorized successor or assignee. 7.2. Entire Understanding. This agreement is the parties' entire agreement relating to its subject, and supersedes any prior or contemporaneous agreement. Any amendment must be in writing and expressly state that it Is amending this agreement. 7.3. Governing Law & Arbitration. This agreement is governed by California law, excluding California's choice of law rules. All disputes relating to this agreement will be subject to binding arbitration pursuant to the rules of The American Arbitration Association or the Judicial Arbitration And Mediations Services, Inc. The exclusive place of the arbitration shall be Orange County, California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. For the purpose of entry of judgment on such an award, the parties consent to personal Jurisdiction in the courts of Orange County, California. 7.4. Headings Not Controlling. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 7.6. Severabiltty. If any provision of this contract Is held to be illegal, invalid, or unenforceable, such provision is fully separable, and the remaining provisions of the contract shall remain in full force and effect. Initials Date Web Application Subscription Terms and Conditions Page 3 of 3 25H -109 EXHIBIT C FEE SCHEDULE (OR) RATES AND CHARGES Page 12 of 12 25H -110 EXHIBIT' C mv v M N N C ❑ V V O C � Q � � C •Op a C S o � D N N If1 m m � q m v� N J ri N N u m . 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