2006/04/25 City Council Resolution (3)RESOLUTION NO. 2006 -106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE AGREEMENT WITH PEELLE TECHNOLOGIES
FOR DOCUMENT SCANNING SERVICES
WHEREAS, the Building Department, has budgeted funds for document scanning
services, and,
WHEREAS, said document scanning will import documents into the City's laserfiche
system; and
WHEREAS, said services to be provided by Peelle Technologies, of Campbell,
California, and;
WHEREAS, the total cost for said services is $8,750.00, and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the agreement for document scanning services
from the following most responsive bidder, compatibility and other factors considered, to wit:
Contractor Name Contract Total
Peelle Technologies $8,750.00
Campbell, CA
BE IT FURTHER RESOLVED that the City Manager is hereby authorized aid
directed to execute documents pertaining same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 25th day of April, 2006.
CITY OF ROHN PAIT�
Mayo
AT EST: V10 NERT p4
City Clerk 19 62
,.
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into this 25th day of April, 2006, by and between the
City of Rohnert Park, hereinafter referred to as the "City," and Peelle Technologies, hereinafter
referred to as the "Consultant."
WHEREAS, the City requires document scanning services; and
WHEREAS, the Consultant is qualified and experienced to provide such services; and
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform services as described in the attached
Exhibit "A" within the time frames stated therein.
2. COORDINATION. Consultant shall assign a representative, to personally
participate in said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A City shall pay Consultant as compensation in full for such services the lump
sum of $8,750.00.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City. In
the event the City has not appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of
the current fiscal year; payment for additional work is conditional upon future City appropriation.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. . . notices, bills, and payments shall be i —de in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
TO CITY: BUILDING DEPARTMENT
CITY OF ROHNERT PARK
P.O. BOX 1489
ROHNERT PARK, CA 94927
TO CONSULTANT: PEELLE TECHNOLOGIES
197 EAST HAMILTON AVENUE
CAMPBELL, CA 95008
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Failure of the Consultant to secure City's written authorization for
extra. or changed work shall constitute a waiver of any and all right to adjustment in the contract
price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done
without the appropriate City authorization.
7. CITY'S RIGHT TO TERM:INATEISUSPEND CONTRACT: At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
they are complete and acceptable to the City, and pay the Consultant such equitable proportion of
the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the terms
ofthis Agreement.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for
delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or
as otherwise agreed upon between the Consultant and the City. In such event, compensation as set
forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to
the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain adequate records of
contract performance costs, expenses, etc., and make these records available for inspection, audit,
and copying by the City during the agreement period and for a period of three (3) years from the
date of final payment.
11. SUBCONTRA RIG. None of the services covered this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEM EICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence
or willful misconduct of City. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable by or for Consultant under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement.
14. INSURANCE. Without limiting Consultant's indemnification provided herein,
Consultant shall take out and maintain, throughout the period of this Agreement, the following
policies of insurance placed with insurers with a current A.M. Bests rating of no less than ANTI or
its equivalent against injury/death to persons or damage to property which may arise from or in
connection with the activities hereunder of Consultant, its agents, employees or subcontractors:
A Comprehensive or Commercial General Liability Insurance at least as broad
as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001),
in an amount of $1,000,000.00 per occurrence. If work involves explosive, underground or collapse
risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project or the general aggregate shall be twice the required occurrence
limit. Said policy shall contain, or be endorsed with, the following provisions:
(1) The City, its officers, employees and agents, are covered as insureds for liability
arising out of the operations performed by or on behalf of Consultant. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officers, agents and
employees.
(2) The policy shall not be canceled or materially reduced in coverage without thirty
(3 0) days prior written notice (10 days for non - payment of premium) to City by certified mail.
(3) The inclusion of more than one insured shall not operate to impair the rights of
one insured against another insured, and the coverage afforded shall apply as though separate
policies had been issued to each insured, but the inclusion of more than one insured shall not operate
to increase the limits of the insurer's liability.
(4) For claims related to this project, the Consultant's insurance is primary coverage
to the City, and any insurance or self-insurance programs maintained by the City is excess to
Consultant's insurance and will not be called upon to contribute with it.
- - (5) -Any- failure to- comply with reporting or other provisions of the parties, including
breach of warranties, shall not affect coverage provided to City, its officers, employees and agents.
B. Automobile liability insurance with coverage at least as broad as ISO Form
numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement
with minimum coverage of not less than $1,000,000 per accident combined single limit (CSL).
Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or
materially reduced in coverage without thirty (30) days prior written notice (10 days for non-
payment of premium) to City by certified mail.
C. Worker's Compensation insurance meeting statutory limits of Labor Code which
policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers,
agents, and employees and provide for thirty (30) days prior written notice to City in the event of
cancellation. If Consultant has no employees, Consultant may sign and file the following
certification in lieu of insurance:
'7 am aware of the provisions of California Labor Code Section 3700
which requires every employer to be insured against liability for
workers' compensation or to undertake self - insurance in accordance
with the provisions of that code, and I will comply with the
provisions of that code before commencing with and during the
performance of the work of this contract. "
D. Professional liability insurance(errors and omission coverage in an amount no
less than $1,000,000.00 combined single limit (CSL). If insurance is written on a claim -made basis,
Consultant agrees to maintain such insurance in effect for at least three (3) years following
completion of performance under this Agreement.
E. Consultant shall furnish City with certificates and original endorsements
affecting the required coverage prior to execution of this Agreement by City. The endorsements
shall be on forms provided by City or as approved by City Attorney. Any deductible or self - insured
retention over $100,000.00 shall be disclosed to and approved by City. If Consultant does not keep
all required insurance policies in full force and effect, City may, in addition to other remedies under
this Agreement, take out the necessary insurance, and Consultant agrees to pay the cost of said
insurance.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in rendering services under this Agreement. Consultant agrees that the acceptance of his
work by City shall not operate as a waiver or release of said obligation of Consultant. The absence,
omission, or failure to include in this Agreement, items which are normally considered to be a part
of generally accepted professional procedure or which involve professional judgment shall not be
used as a basis for submission of inadequate work or incomplete performance.
16. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working for
the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or making this
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Agreement. For breach or v. Aion of this warranty, the City shall h. the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
17. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree
with the performance of its services hereunder. Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall be employed.
18. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes
within the definition of Consultant under the Political Reform Act (Government Code §87100),
Consultant shall complete and file and shall require any other person doing work under this
Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of
Rohnert Park disclosing Consultant and/or such other person's financial interests.
19. MERGER This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the same
subject matter. No modification of this Agreement shall be effective unless and until evidence by a
writing is signed by both parties.
20. I)EFALJLT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
21. NO WAIVER OF BREACH; TIME. The waiver by City of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
22. nM PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
23. ATTORNEY FEES, APPLICABLE LAW AND FORUM. In the event either party
brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
TN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK
Stephen R. Donley, City Manager
Per Resolution No. 2006- 106 adopted
by the City Council on April 25, 2006
ATTEST:
City Clerk
CONSULTANT: PEELLE TECHNOLOGIES
By:
(Date) (N~Tide) oate)
APPROVED AS TO FORM:
watt,
v
AA A a City Attorney Gabrielle P. Whelan
By:
(Namellfuke) (pate)
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EXHIBIT "A'v
SCOPE OF WORK
Peelle
TECHNOLOGIES
Document Scanning Services
Included is a fee schedule for the scanning and indexing of the Building Department's small and
large - format documents for import into the Laserfiche system. The fee schedule is based upon
the following description of work:
Method of Shipment 'Via Peelle truck.
'
Document Extygation: The City will be responsible for document preparation to
include 1) the removal of all pages that do not require scanning and 2) the placement of a
Pre-printed barcode label in the lower, right-hand corner of the first page of each
document/plan set to be scanned. Peelle will be responsible for removing page fasteners
(staples, paper clips etc.). Fastener replacement is not required.
" nnin : All Pages/sheets will be scanned at a 200 DPI resolution to a single -page, 04
TIFF file format,
do
I exlug: The City will provide standard comma/quote delimited data files for each of
the record types (those associated with the permit table and those associated with the
parcel table) containing the barcode ID# and the related PTWin -based index information
for each document submitted. The data files will be in the following format:
Permit Table Documents
Field Names
Permit Number,Address,Parcel #,Address Number,Street Name,Street
TYMEXtension,Bar Code Numbers,Scan Ref. Date,Plan Sheets
Totai,Comments/Address,Range of Addresses ?,Subdivision,Exp Permit
Samvle Record
"BP200U001 C ", "5265 Evonne Ave "," 143 860 017
000 ", "5265 ", "Evonne ", "Ave", " "," 100001 A4 100002BI 100003 E1 100052G" "07130!05
76 ", "5200 Evonne Ave", "Tine ", "", Y es"
Parcel Table Documents
Field Names
Address,Parcel #,Address Number,Street Name,Street Type,Extension,Bar Code,Scan
Ref Date,Plan pages,Range of Addresses ?,Subdivision
Samvle Record
1718 -1728 East Cotati Ave ";'047 500 015","1 718-1728","East
Cotati "," Ave "; t'l," 000021X(I32B)[1722]l000036P(99-
568)[ 1722]100025L(14854)[ I 728A]E000047(8854)[ 1728] "," 12122/05 ", " ", "True ", ""
The image files will be indexed by Permit Number (if applicable), Parcel #, Address
Number, Street Name + Type, Document Type, Scan Date and Subdivision. A value of
"yes" in the Permit Table "EXP Permit" field will cause an "EXP- prefix to be added
to the related permit number.
Continued
Campbell • Sacramento ♦ Reno
www.PeelleTech.com
CERTIFICA %, OF CONSULTANT
I HEREBY CERTIFY that I am the and a duly
authorized representative of the firm of
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or
person in connection with carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date
agr\ConsWi-
Signature
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