Loading...
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_ Last saved by DEFAULT 00ocuments and Settings\kvonachen\Local Settings \Temporary Internet Files \Content.Outlook \RE39BVGI\gis 2012 IY, renewal.doc Last printed 12/8/2011 6:02 PM 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. https: / /sh mpoint.mgpinc.wMAdmi WaUwServise gaVCantrec IOek Brook, IL 12 January /MGPBerv.PmviderAgaement_VOB 2o12.d. 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 4 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. 9