R-1146 - 12/13/2011 - ITEC - Resolutions Supporting DocumentsITEM 7.T.8)
AGENDA ITEM
Regular Board of Trustees Meeting
of
December 13, 2011
SUBJECT: Geographic Information System (GIS) Consortium Service Provider Contract Renewal
FROM: Blaine Wing, Assistant Village Manager
Mike Hullihan P.E. Village Engineer
BUDGET SOURCE/BUDGET IMPACT: GIS: Program 152 (Infrastructure Fund) - $107,229
RECOMMENDED MOTION: I move that the Village Manager be authorized to execute a renewal
to the GIS Service Provider Contract currently held by MGP, Inc.
Background/History:
In January 2009 the Village entered the Geographic Information System (GIS) Consortium. Since that
time several projects have been completed in the areas of Public Safety, Planning, Engineering,
Administration and Infrastructure. The significant accomplishments including the completion of a water
utility atlas, converting all of the official maps (e.g. zoning, roads, and address) to GIS products, resulting
in significant saving (estimated at $100,000).
The program is used routinely for reference, analysis, and communication with residents and staff is
starting to be used by businesses and other government entities. Continuing to develop Oak Brook's GIS
Program, particularly given the ongoing soft economic climate, is a very smart move for the Village. By
providing easily accessible information, GIS will help staff meet both existing and expanded service
levels, reducing the need to hire additional staff. A Geographic Information System is essentially a large
database that can be accessed electronically through the use of maps. The reason that such a system is
useful for a municipality is because so much of what we do is related to properties.
Utilizing GIS, residents, businesses and staff will be able to click on a map and find out items related to
that property — permits, water billing history, zoning, parking tickets, police incidents, fire calls,
emergency information, ownership, etc., once these data sets are created and added into Oak Brook's
system. Overall, GIS in Oak Brook helps make Village operations more efficient by helping everyone
take less time to find info, respond to resident requests, prepare reports, and do property- related analyses.
Recommendation:
Staff recommends that the Village Board authorize the Village Manager to execute a renewal to the GIS
Service Provider Contract currently held by MGP, Inc. n_
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RESOLUTION 2011 -ITEC-GIS-PG-R-1 146
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING
AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY
AND BETWEEN THE VILLAGE OF OAK BROOK AND MUNICIPAL
GIS PARTNERS, INC.TO PROVIDE GIS SUPPORT SERVICES
WHEREAS, the Village is a member of the GIS Consortium ( "Consortium "), an organization
comprised of municipalities in northeastern Illinois, which Consortium shares the cost of establishing a
regional Geographic Information Systems program ( "Program "); and
WHEREAS, on behalf of its members, the Consortium has selected Municipal GIS Partners, Inc.
( "MGP'), for the provision of services related to the Program; and
WHEREAS, the Village and MGP desire to enter into an agreement for the provision of GIS
support services ( "Services ") for the period beginning January 1, 2012, and ending December 31, 2012,
in an amount not to exceed $107,229 ( "Agreement'), which Agreement is attached to this Resolution as
Exhibit A; and
WHEREAS, because the Consortium has selected MGP and the Village is a member of the
Consortium, the Village Manager has recommended that the Village waive competitive bidding and
approve the Agreement for the Services; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to so waive competitive bidding
and to approve the Agreement for the Services;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Waiver of Competitive Bidding Requirements. The advertising and bidding
requirements for the purchase of GIS support services shall be, and they are hereby, waived in
accordance with the Section 8 -9 -1 of the Illinois Municipal Code and Section 1 -7-4 of the Village
Municipal Code.
Section 3: Approval of Purchase of GIS Support Services. The purchase of GIS support
services from MGP in a total amount not to exceed $107,229 shall be, and is hereby, approved.
Section 4: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and MGP in substantially the same form as attached
as Exhibit A and in a final form approved by the Village Attorney.
Section 5: Execution of Agreement. The Village President and the Village Clerk shall be,
and are hereby, authorized to execute the final Agreement on behalf of the Village.
Section 6: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two- thirds of the Trustees and its approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS)
Resolution 2011 -ITEC-GIS-PG-R-1 146
Approving the Waiver of Competitive Bidding
and Authorizing the Execution of an Agreement by
and between The Village Of Oak Brook and
Municipal GIS Partners, Inc.
to Provide GIS Support Services
Page 2 of 2
APPROVED THIS 13th day of December, 2011
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of December, 2011
Ayes:
ATTEST:
Charlotte K. Pruss
Village Clerk
#10804662_vl
GIS Consortium Service Provider Contract
This CONTRACT made and entered into this 1st day of January. 2012, by and
between the Village of Oak Brook, an Illinois municipal corporation (hereinafter referred to
as "Village "), and Municipal GIS Partners, Inc. (MGP), 701 Lee Street, Suite 1020, Des
Plaines, Illinois 60016 (hereinafter referred to as "Consultant "); and
WHEREAS, the Village desires to engage the Consultant to provide support services
in connection with the Village's geographical information system ( "GIS "); and
WHEREAS, the Consultant represents to be in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and
experience to furnish such services upon the terms and conditions set forth herein below;
NOW, THEREFORE, it is hereby agreed by and between the Village and the
Consultant that:
I. SCOPE OF SERVICES
The Scope of Services shall be as set forth in the "Proposal for Geographic
Information System Services" attached to, and by this reference incorporated into,
this Contract as Attachment 1. Should there be a conflict in terms between this
Contract and the Proposal, this Contract shall control.
II. PERFORMANCE OF WORK
All work hereunder shall be performed under the direction of the Village Manager of
the Village or his designee (hereinafter referred to as the "Village Manager ").
III. INDEPENDENT CONTRACTOR
The Consultant shall at all times be deemed to be an independent contractor,
engaged by the Village to perform the services set forth in Attachment 1. Neither
the Consultant nor any of its employees shall be considered to be employees of the
Village for any reason, including but not limited to for purposes of workmen's
compensation law, Social Security, or any other applicable statute or regulation.
IV. PAYMENT TO THE CONSULTANT
For work associated with the services set forth in Attachment 1, the Consultant
shall be reimbursed in an amount NOT TO EXCEED $107,229.
A. The Consultant shall submit invoices in a format approved by the Village.
B. The Consultant shall maintain records showing actual time devoted and cost
incurred. The Consultant shall permit the authorized representative of the
Village to inspect and audit all data and records of the Consultant for work
done under this Contract. The Consultant shall make these records available
at reasonable times during the Contract period, and for a year after
termination of this Contract.
C. The Village shall make monthly payments to the Consultant based upon
actual progress, within 30 days after receipt of invoice.
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V. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the Village may terminate this
Contract at any time upon fifteen (15) days prior written notice to the Consultant.
In the event that this Contract is so terminated, the Consultant shall be paid for
services actually performed and reimbursable expenses actually incurred, if any,
prior to termination, not exceeding the value of work completed determined on the
basis of the percentage completed as agreed upon between the Village and the
Consultant.
VI. TERM
This Contract shall become effective as of the date the Consultant is given a written
Notice to Proceed and, unless terminated for cause or pursuant to Article V
foregoing, shall expire on December 31. 2012, or on the date the Village Manager
determines that all of the Consultant's work under this Contract is completed. A
determination of completion shall not constitute a waiver of any rights or claims
which the Village may have or thereafter acquire with respect to any breach hereof
by the Consultant.
VII. RENEWAL OF CONTRACT
The Village shall decide at least sixty (60) days before the end of the Term, as
defined in Article VI of this Contract, whether the Village desires to engage the
Consultant in another Contract to provide support services in connection with the
Village's geographical information system. The Village shall provide the Consultant
written notice within thirty (30) days of said decision.
VIII. NOTICE OF CLAIM
If the Consultant wishes to make a claim for additional compensation as a result of
action taken by the Village, the Consultant shall give written notice of his claim
within fifteen (15) days after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the Consultant's fee
shall be valid only to the extent that such changes are included in writing signed by
the Village and the Consultant. Regardless of the decision of the Village Manager
relative to a claim submitted by the Consultant, all work required under this
Contract as determined by the Village Manager shall proceed without interruption.
IX. BREACH OF CONTRACT
If any party violates or breaches any term of this Contract, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek
such administrative, contractual or legal remedies as may be suitable to the
violation or breach; and, in addition, if any party, by reason of any default, fails
within thirty (30) days after notice thereof by the other party to comply with the
conditions of the Contract, the other party may terminate this Contract.
X. INDEMNIFICATION
The Consultant shall indemnify and save harmless the Village and all Village
elected or appointed officials, officers, employees, agents, representatives, and
attorneys from and against any and all loss, liability and damages of whatever
nature, including Workmen's Compensation claims by Consultant's employees and
any attorneys fees, in any way resulting from or arising out of negligent actions or
omissions of the Consultant in connection herewith, including negligent actions or
omissions of employees or agents of the Consultant arising out of the performance of
this Contract.
XI. NO PERSONAL LIABILITY
No official, director, officer, agent, or employee of any party shall be charged
personally or held contractually liable by or to the other party under any term or
provision of this Contract or because of its or their execution, approval, or attempted
execution of this Contract.
XII. NON - DISCRIMINATION
In all hiring or employment made possible or resulting from this Contract, there
shall be no discrimination against any employee or applicant for employment
because of sex, age, race, color, creed, national origin, sexual orientation, marital
status, of the presence of any sensory, mental, or physical handicap, unless based
upon a bona fide occupational qualification, and this requirement shall apply to, but
not be limited to, the following: employment, advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training, including
apprenticeship. No person shall be denied, or subjected to discrimination in receipt
of the benefit of any services or activities made possible by or resulting from this
Contract on the grounds of sex, race, color, creed, national origin, marital status, the
presence of any sensory, mental or physical handicap or age except minimum age
and retirement provisions. Any violation of this provision shall be considered a
violation of a material provision of this Contract and shall be grounds for
cancellation, termination or suspension, in whole or in part, of the Contract by the
Village.
XIII. ASSIGNMENT AND SUCCESSORS
This Contract and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto; provided, however, that no
assignment shall be made without the prior written consent of the Village.
XIV. DELEGATING AND SUBCONTRACTING
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Contract and the Consultant shall remain
liable to the Village with respect to each and every item, condition and other
provision hereof to the same extent that the Consultant would have been obligated if
it had done the work itself and no assignment, delegation or subcontract had been
made.
XV. NO CO- PARTNERSHIP OR AGENCY
It is understood and agreed that nothing herein contained is intended or shall be
construed to, in any respect, create or establish the relationship of co-partners.
between the Village and the Consultant, or as constituting the Consultant as the
general representative or general agent of the Village for any purpose whatsoever.
XVI. SEVERABILITY
The parties intend and agree that, if any paragraph, subparagraph, phrase, clause,
or other provision of this Contract, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Contract shall remain in full force
and effect.
XVII. HEADINGS
The headings of the several paragraphs of this Contract are inserted only as a
matter of convenience and for reference and in no way are they intended to define,
limit, or describe the scope of intent of any provision of this Contract, nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XVIII. MODIFICATION OR AMENDMENT
This Contract constitutes the entire Contract of the parties on the subject matter
hereof and may not be changed, modified, discharged, or extended except by written
amendment duly executed by the parties. Each party agrees that no representations
or warranties shall be binding upon the other party unless expressed in writing
herein or in a duly executed amendment hereof, or Change Order as herein
provided.
XIX. APPLICABLE LAW
This Contract shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois.
XX. NEWS RELEASES
The Consultant may not issue any news releases without prior approval from the
Village Manager nor will the Consultant make public proposals developed under this
Contract without prior written approval from the Village Manager prior to said
documentation becoming matters of public record.
XXI. COOPERATION WITH OTHER CONSULTANTS
The Consultant shall cooperate with any other persons in the Village's employ on
any work associated with the project.
XXII. NOTICES
All notices, reports and documents required under this Contract shall be in writing
and shall be mailed by first class mail, postage prepaid, addressed as follows:
If to Village:
Village of Oak Brook
Mike Hullihan
1200 Oak Brook Road
Oak Brook, IL 60523
If to Consultant:
MGP. Inc.
Thomas A. Thomey
701 Lee Street, Suite 1020
Des Plaines, IL 60016
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XXIII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85 -1295
The Consultant certifies hereby that it is not barred from entering into this Contract
as a result of violations of either Section 33E -3 or Section 33E -4 of the Illinois
Criminal Code.
XXIV. SEXUAL HARASSMENT POLICY: 775 ILCS 5/2- 105(A)(4)
The Consultant certifies hereby that it has a written Sexual Harassment Policy in
full compliance with 775 ILCS 5/2.105(A)(4).
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by the Consultant to the Village
Manager and to other participants, which may affect cost or time of completion,
shall be made or confirmed in writing. The Village Manager may also require other
recommendations and communications by the Consultant be made or confirmed in
writing.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals
hereto on the date first above written.
ATTEST:
VILLAGE OF OAK BROOK
C
Gopal Lalmalani, Village President
Date: 2011
Witnessed:
as
Charlotte K. Pruss, Village Clerk
ATTEST: CONSULTANT:
U-2
Its:
Pronosal for Geographic Information System Services
Attachment 1
1) GENERAL PURPOSE
The purpose of this agreement is for the Village to enter an agreement with the
Consultant for all or part of its geographic information system (GIS) management,
development, operation, and maintenance. In addition to supporting the existing
GIS program, the Consultant will identify opportunities for continued development
and enhancement.
The Village will be sharing management, development, and maintenance expertise
and staffing with other municipalities as a member of the Geographic Information
System Consortium (GISC). The benefits to the Village include, but are not limited
to, collective bargaining for rates and services, shared development costs, and joint
purchasing and training.
The Consultant is the sole Service Provider for GISC and is responsible for providing
the necessary GIS professional resources to support this entity. The Consultant will
facilitate and manage resource, cost, and technical innovation sharing among GISC
members.
2) CONFIDENTIALITY
This attachment includes proprietary and confidential information. It shall not be
copied, circulated, or otherwise provided to any person or organization that is not
part of the process established for its consideration without the advance written
permission of MGP, Inc. except as required by law.
3)
For the purpose of cost accounting, the Consultant will provide two (2) service types
to the Village. The intent of this distinction is to track specific types of investment
without overburdening general operation of the GIS program. Many of these services
will go unnoticed to the Village but are required to sustain the GIS program, The
Consultant will employ reasonable professional discretion when specific direction is
not provided by the Village or the GIS Consortium.
A. Services relate to the direct management, development, operation, and
maintenance of the Village GIS required to reasonably support the system.
B. Services relating to the investigation, research, and development of new
functionality and capability for the GIS Consortium and its members.
4) SERVICES
The Consultant will help provide the necessary resources to support the Village GIS
program. The allocation of these resources will be reasonably commensurate with
the level of expertise required to fulfill the specific task thus enabling efficient use of
Village investment. The Consultant includes, but is not limited to, the following
personnel:
C3
A. A GIS Manager that is responsible for the overall implementation of the GIS
program based on the directions and instructions of the Village. The GIS
Manager will provide senior - consultant services and will provide coordination
and facilitation of GISC developments and initiatives. Budget forecasting and
work reporting will be provided by the GIS Manager as directed by the
Village.
B. A GIS Coordinator is responsible for the operation of the GIS program
including the coordination of resources. The GIS Coordinator will provide
services to the Village in determining the short- and long -term needs of the
GIS program. The GIS Coordinator will be responsible for managing the
program resources including Consultant resources, external agencies, and
Village committees and user groups.
C. A GIS Data Administrator is responsible for managing the data model and
administering the database and related information. The GIS Data
Administrator plans, implements, and configures the data to enhance
performance and maintain integrity of the data system.
D. A GIS Application Developer that is responsible for the conceptualization,
design, development, testing, installation, documentation, training, and
maintenance of GIS and related software. Software includes, but is not
limited to; computer programs, form designs, user manuals, data
specifications, and associated documentation.
E. A GIS Analyst is responsible for analyzing and planning special projects that
require skills beyond the typical operation of the system. Special projects
may include the development of ad hoc maps, layers, databases, and user
solutions.
F. A GIS Specialist that provides the daily operation, maintenance, and support
of the GIS. This individual is typically fully allocated to the Village and is
responsible for database development and maintenance, map production,
user training and help -desk, user group support, and system support and
documentation.
5) PROJECTED UTILIZATION
Projected utilization is an estimate of service hours required of the Consultant by
the Village. This projection is established by and between the Village, GISC, and the
Consultant. Although variations are anticipated, the Village and the Consultant
have a fiduciary responsibility to GISC and its members to meet their projected
utilization. Significant variations in actual utilization may negatively influence
service rates for GISC members. The anticipated projected utilization for each
Consultant service is:
A. 986 hours of GIS Specialist
B. 99 hours of GIS Coordinator
C. 82 hours of GIS Analyst
D. 82 hours of GIS Data Administrator
E. 82 hours of GIS Application Developer
F. 82 hours of GIS Manager
6) SERVICE RATES
Rates are based on projected utilization of GISC members in collective bargaining
with the Consultant. The Consultant guarantees these rates for the term of this
agreement as long as actual utilization is reasonably consistent with projected
utilization. The Consultant has the right to assign a cost -of- living adjustment one (1)
time per year with prior notice to the Village. The GISC collective bargaining rates
are as follows:
A. 67.10 per hour for GIS Specialist
B. 83.90 per hour for GIS Coordinator
C. 83.90 per hour for GIS Analyst
D. $104.90 per hour for GIS Data Administrator
E. $104.90 per hour for GIS Application Developer
F. $104.90 per hour for GIS Manager
7) FACILITIES AND EQUIPMENT
The Village is required to provide the Consultant adequate space, furnishings,
hardware, and software to fulfill the objectives of the GIS program. The facilities
requirement is no different than would be otherwise required by the Village to
support a GIS program. The rate structure extended to GISC members is contingent
on these provisions for the Consultant. Facilities and equipment include, but are not
limited to, the following
A. Full-time office space for the GIS Specialist and periodic office space for
guests. This space should effectively and securely house all required GIS
systems, peripherals, and support tools. This space must be available during
normal business hours.
B. Furnishings including adequate desk(s), shelving, and seating
accommodations for the GIS Specialist and periodic guests. A telephone line
and phone to originate and receive outside calls. A network connection with
access to the Internet.
C. Hardware including a workstation, server, plotter, printer, digitizer, scanner
and network infrastructure.
D. Software including GIS software(s), productivity tools, application
development tools, commercial databases, and network access software.
E. The Village is responsible for installing, operating, and maintaining the
backup and recovery systems for all Village owned GIS assets that permits
the Consultant to continue services within a reasonable period of time
following a disaster.
8) BILLING & PAYMENT
The Consultant will invoice the Village on a monthly basis for work completed and
work in- progress. The Consultant requires 100% payment within 30 days of
invoicing.
9) INTELLECTUAL PROPERTY
If any intellectual property should be developed during the course of this agreement,
the Village and the Consultant shall be joint owners of said intellectual property.
A. It is understood that this agreement does not grant to the Village or any
employees, partners, business associates or other associated parties thereof, any
rights in any intellectual property developed by the Consultant outside the terms
of this agreement, or any protectable interests stemming there from.
B. The Village and the Consultant agree, that no assignments, authorization of
reuse by others, giveaways, license grants, sales, transfer, security interests, or
any other grant of rights for any intellectual property that may be developed
during this agreement, will be made to any third party without a written
agreement between the Village and the Consultant except as required by law.
This Section shall not be interpreted to restrict the Village's ability to provide
GIS maps, photography and GIS data to any assignees, agents, representatives
or third - parties as it sees fit.
C. If this agreement between the Village and the Consultant should be terminated,
the Village shall, in good faith, allow the Consultant, any reasonable use of any
Intellectual Property developed during this Contract.
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