01375.0001/996490.1
AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
VertiGIS North America Ltd.
This Agreement (“Agreement”), made this 3rd day of September, 2024, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and VertiGIS North America Ltd, a Canadian Limited Liability Company ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:
RECITALS
A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.
B. CITY is authorized to enter into consultant agreements under the provision s of California Government Code section 53060.
C. CITY desires or is in need of GIS Upgrade services.
D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above services.
E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
OPERATIVE PROVISIONS
1. RESPONSIBILITIES OF CONSULTANT
1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take prec edence and the provisions of Exhibit “A” shall not apply . These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.
1.2 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in e ntering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.
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2. ADMINISTRATION OF AGREEMENT
2.1 CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.
2.2 CONSULTANT shall keep the C ity Manager, CITY’s representative, or his designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.
2.3 This Agreement shall be administered on behalf of the parties hereto, and a ny notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: John Borger
Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 304-2489
Facsimile: (951) 461-6430
For CONSULTANT: Aaron Oxley
VertiGIS North America Ltd.
CONSULTANT: 300 – 1117 Wharf Street
Address: Victoria, BC V8W 1T7
Canada
Phone: 250-381-8130
Facsimile: 250-381-8132
3. TERM
3.1 The term of this Agreement shall be from the date of execution to satisfactory completion of the project, not to exceed 1 year.
3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
4. PAYMENT TO CONSULTANT
4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT a sum not to exceed of Twenty Thousand Dollars ($20,000.00) based on an hourly rate of $255 an hour for the services set forth in Exhibit “A.”
4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services in cluding costs by CONSULTANT and CITY , CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the 01375.0001/996490.1 3
cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.
4.3 Payments. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.
5. STATUS OF CONSULTANT
5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, ex cept as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents and representatives shall be deemed an employee of the CITY for any purpose.
5.2 Employee Benefits . CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to , overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits.
5.3 Workers' Compensation Insurance . CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participat ing in the activities hereunder, as provided in Section
6.1.2 of this Agreement.
5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman nee ded to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.
Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.
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6. INSURANCE
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, C ITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.
6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability . Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.
6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.
6.1.3 Professional Liability . For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.
6.2 Insurer Requirements . All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided. 01375.0001/996490.1 5
6.4 Specific Provisions Required . Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that : (a) the policies are primary and non -contributory to any insurance that may be carried by CITY; and ( b) CITY is entitled to thirty (30) days ’ prior written notice (10 days for cancellation due to non -payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.
6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement , and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.
7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY , or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data r elated to all matters covered by this Agreement.
All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.
8. CONFIDENTIALITY AND USE OF INFORMATION
8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the C ity Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.
8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.
8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy 01375.0001/996490.1 6
and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.
9. NOTICE
All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set forth in Section 2 above.
10. TERMINATION FOR CAUSE
10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.
Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violatio n shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective d ate specified in the written notice by CITY.
10.2 In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.
11. TERMINATION FOR CONVENIENCE OF CITY
11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.
11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.
01375.0001/996490.1 7
12. PERFORMANCE AFTER TERMINATION
Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which C ity Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.
13. DEFENSE AND INDEMNIFICATION
13.1 CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance under this Agreement or any negligent or wrongful act or omission by CONSULTANT, its officers, employees, representatives, subcontractors, or agents regardless of whether or not such cla im, loss or liability is caused in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of co mpetent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.
13.2 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assuranc es of protection of the CITY's interest.
The CITY shall, in its sole discretion determine whether such assurances are reasonable.
CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone for who m CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.
14. CONFLICT OF INTEREST
14.1 CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.
14.2 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.
If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation. 01375.0001/996490.1 8
14.3 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.
14.4 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.
15. ASSIGNMENT
No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain sub consultants specifically included in the attached “ Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such c onsent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.
16. SURVIVAL
CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.
18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
19. NONDISCRIMINATION IN EMPLOYMENT
CONSULTANT agrees that it will not engage in unlawful discrimination in employment and 01375.0001/996490.1 9
shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law.
If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement , upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.
20. NON-WAIVER
The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.
21. SEVERABILITY
If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.
22. DISPUTES
In the event that any action is brought by either party to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, whether or not the matter proceeds to judgment.
23. REMEDIES
The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.
24. ENTIRE AGREEMENT/AMENDMENT
This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.
25. GOVERNING LAW/VENUE
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The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.
26. BINDING AGREEMENT
This Agreement is intended to be binding on the parties and their respective successors and assigns.
27. NUMBER
The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.
28. WARRANTY OF AUTHORITY
Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.
29. COUNTERPARTS
This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MURRIETA _____________________________
Name of Consultant
_____________________________
Lori Stone, Mayor _____________________________
Name/title of signatory [please print]
_____________________________
Signature
Attest:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature
Approved as to Form:
_____________________________
Tiffany Israel, City Attorney
EXHIBIT A
Contact:
Aaron Oxley
Email: [email protected]
Tel: +1 250-381-8130
From:
VertiGIS North America Ltd.
300 - 1117 Wharf Street
Victoria, BC V8W 1T7
Canada
City of Murrieta
VertiGIS Studio Migration Services
Reference ID: OP-VGNA-00001558 | August 20, 2024
Legal
Privacy & Confidentiality
The contents of this document are confidential and proprietary. Disclosure, distribution or sharing of this information with persons or entities, for which it is not intended, in any form or for any other purpose than the evaluation of this proposal, is prohibited without the express, written consent of VertiGIS North America Ltd.
In situations where information is required to be shared publicly to comply with policies regarding transparency of information, all statements must be signed off on by both VertiGIS and the City of Murrieta prior to being published.
Trademarks
Geocortex, VertiGIS Studio, and VertiGIS are registered trademarks of VertiGIS North America Ltd. in the United States and Canada. Essentials is a registered trademark of VertiGIS North America Ltd. in the United States. Other companies and products mentioned are trademarks or registered trademarks of their respective owners. Trademarks provided under license from Esri.
Acceptance of Terms & Conditions
The City of Murrieta acknowledges that it has reviewed the process, terms, conditions, and reserved rights contained in this proposal and has voluntarily chosen to participate in this proposal subject to those procedures, terms, conditions, and reserved rights.
This proposal is valid for 30 calendar days from the date of delivery.
All services and deliverables are subject to the terms and conditions of this proposal and shall supersede any conflicting terms in the client's purchase order.
All VertiGIS Studio software included in this proposal are subject to the Licensing Terms of Use at www.vertigisstudio.com/legal. Software subscriptions begin on the date of purchase. © 2024 VertiGIS North America Ltd. All Rights Reserved. 2 Document Control Sheet
Version History
Version Date Changed by: Nature of Amendment
1.0 June 4, 2024 Joshua Zapf 1st Draft
1.1 June 19, 2024 Jon Swoveland Added Parcel Report Deliverable
1.2 August 20, 2024 Joshua Zapf Update to proposal date.
Approvals
Name:
Position:
Signature:
Date:
Name:
Position:
Signature:
Date:
3 OverviewAs Esri's JavaScript 3.x API is set to officially retire later in 2024, the migration of Apps to Esri's JavaScript
4.x is recommended as there is a genuine risk that future browser updates may cause a degradation or failure in part of Esri's older JavaScript 3.x API.
The items provided on the Deliverables page provides VertiGIS' general understanding of items required in City of Murrieta's migration of Geocortex components to VertiGIS Studio.
Please note that this list also includes other common tasks such as: technical project administration, business analysis, design, testing, quality assurance, documentation, delivery, user acceptance testing, and project management.
4 Professional ServicesBy combining innovative software with world-class services, we empower customers to face their GIS challenges with confidence, help them manage risk, and fast-track deployment of world-class web- mapping systems.
Project-based Services
Custom projects are often necessary to meet the needs of your organization, and our team of experts will help you succeed by providing a range of services from business analysis to project management.
Business Analysis
Our 20+ years of experience creating web mapping applications for clients around the world has given us the experience to address and understand the unique requirements of your organization.
Custom Development
For the vast array of intended uses of GIS, building custom functionality or tailoring the platform to meet your specific requirements is a key part of the process.
Upgrade/Migration Services
As technology evolves, you may have to update your server or platform from time to time. Our services team can help you migrate from one system to another. We can either perform the migration ourselves, or our support team can provide you with assistance.
Project Management
Our project managers will partner with you to do more with VertiGIS Studio. They will help you establish a project plan, manage tasks, and arrive at a project's successful completion. Your project manager will also provide you with information throughout the project so you always know where things stand. 5 Technical Project AdministrationThe following technical tasks will be performed by the VertiGIS development team to support the overall development effort.
Development Environment Setup
Project Setup
A developer will create a repository in VertiGIS' code repository system (SVN) for the client and project based on the VertiGIS developer template. Once the repository has been created, all developers working on the project will check out the project to their local workstation and deploy it. This may involve installation of a new version of VertiGIS Studio if it is not already installed on the developer workstation.
Remote Connectivity
All members of the development team will work with the client to get authenticated access to the client environment and adequate security set on target systems. This may include access to secured ArcGIS Services, VertiGIS Studio instances, and remote desktop access to deployment servers.
This task typically involves working with the client's network security team to acquire credentials, install VPN software, set up two-factor authentication, and work through issues such as system-specific connectivity problems and password issues.
Environment Replication
This task involves receiving sample development data from the client along with optional map documents (MXDs) for publishing the data to ArcGIS Server. On a shared internal ArcGIS Server (and possibly database) instance, the data will be deployed and published for all members of the VertiGIS development team to access. No external access will be allowed to the development data and ArcGIS services.
Technical Task Setup
The team lead will create and configure a project in VertiGIS' task tracking software (JIRA), selecting an appropriate template and creating project Epics. Tasks will be created and assigned to Epics for each individual work item and populated with acceptance criteria as appropriate. Each Task will be assigned an estimate and assigned a developer. The final step in this task will be to allocate JIRA Tasks to the first development sprint.
Developer Project Meetings
It is expected that VertiGIS developers and/or technical leads will participate in project kickoff and regularly-scheduled status meetings throughout the duration of the project. 6 DeliverablesThe following is a general understanding of functionality required. Effort listed for each deliverable represents VertiGIS' best estimate but could differ from actual time spent depending on complexity or unforeseen circumstances. VertiGIS will notify the City of Murrieta (the City) of any deviation between actual time spent and estimated time from this proposal.
Viewer Configurations
Estimate of Effort: 32 hours
Resources: Application Development and Services
Work will include:
• Installation of VertiGIS Studio components as required • Configuration of a VertiGIS Studio Web viewer equivalent to the City's current internal Geocortex Viewer for HTML5 app.
• Configuration of a VertiGIS Studio Web viewer equivalent to the City's current external Geocortex Viewer for HTML5 app.
• Update and registration of existing tax parcel search workflow Dependencies:
• VertiGIS will require an account on the City's Portal for ArcGIS with a minimum of Creator privileges.
Assumption:
• The City is responsible for configuring the ArcGIS web maps to be used by the above VertiGIS Studio Viewer apps.
• Due to the nature of moving between software generations, the UI/UX and accessibility will not be like-for-like and will conform to VertiGIS Studio's out-of-the-box standard. • VertiGIS Studio Web configuration work will include configuring up to four (4) layers (feature details, symbolization, etc.).
• Any other configuration will be done by the City.
Parcel Report Workflow
Estimate of Effort: 6 hours
Resources: Application Development and Services
Using Assessor parcel data and data from related layers (e.g. zoning, water district, and CSD/CFD), VertiGIS will create a workflow generate a Parcel Report. 7 Print & Report Template Development
Estimate of Effort: 10 hours
Resources: Application Development and Services
VertiGIS will configure the following three print templates in the following formats:
• 8.5" x 11", Landscape
• 11" x 17", Landscape
• A4, Landscape
VertiGIS will configure a Parcel Report built on the Assessor parcel data and include related layers data (e.g. zoning, water district, and CSD/CFD).
Note: The City is responsible for creating any Print & Report Templates not noted above.
Constraint: The listed print jobs and reports will be produced as PDFs only.
Technical Project Administration
Estimate of Effort: 5 hours
Resources: Application Development and Services
Technical project administration tasks, as necessary, as described in the Technical Project Administration section of this proposal.
Business Analysis & Design
Estimate of Effort: 3 hours
Resources: Application Development and Services
Prior to commencing development on project deliverables, the VertiGIS' project team lead will conduct discovery sessions with the City to produce a detailed design for each deliverable.
Testing & QA
Estimate of Effort: 3 hours
Resources: Application Development and Services
Prior to development commencing, a developer will create agreed-upon test plans. The finished application will be tested against these test plans and successful completion of the test run will constitute completion of the development phase.
Documentation & Delivery
Estimate of Effort: 3 hours
8 Resources: Application Development and Services
The developer will create a delivery package including documentation for the deployment of the delivered code. The developer will deploy the site to the client environment.
User Acceptance Testing
Estimate of Effort: 3 hours
Resources: Application Development and Services
To ensure that the final product meets business requirements, VertiGIS will work with the City to support and help guide User Acceptance Testing before go-live.
Project Management
The project manager will monitor the progress and budget burn for the project. They will provide status updates and reports to the client on an agreed-upon schedule. The project manager will also be responsible for capturing any change requests and generally ensuring the project runs smoothly. 9 Project Assumptions• VertiGIS will require an account on the City's Portal for ArcGIS with a minimum of Creator privileges. • The latest on-premises versions of VertiGIS Studio Web, Workflow, Printing, and Reporting will be installed on a server provided by the City.
• The City is responsible for the creation and configuration of the ArcGIS web maps used by the VertiGIS Studio Web applications.
• The City is responsible for creating any and all Workflows, Report Templates, and/or Print Templates not listed herein.
• VertiGIS Studio will use the City ArcGIS Enterprise application services, including:
• Authentication and authorization
• Storage of application resources;
• Spatial services, and
• Web map configuration.
• Unless otherwise stated, it is assumed that VertiGIS is providing a single, desktop viewer layout. • Testing will only be done in Google Chrome and Microsoft Edge. • Accessibility will conform to VertiGIS Studio's out-of-the-box standards. • The application may not satisfy local accessibility requirements. • The UI/UX experience of the app will be in accordance with out of the box look and feel and capabilities of VertiGIS Studio's products.
• Access to the client environment for installation and deployment is via VPN connection and remote desktop (or equivalent).
• The installer and developer have sufficient administrative access to the client machines for deployment and configuration.
• Data schema will not change after development commences. • Work will be completed off-site via remote access to client's development environment. • VertiGIS shall retain all of the intellectual property rights to the deliverables. 10 Constraints and Dependencies• Due to Google Map's API terms of service, VertiGIS does not support integration of Google Streetview in VertiGIS Studio Web.
• Due to the nature of moving between software generations, the UI/UX, accessibility, and features will not be like-for-like and will conform to VertiGIS Studio's out-of-the-box standard. The feature comparison matrix linked here compares the features of Geocortex Viewer for HTML5 and VertiGIS Studio Web.
• Migration projects focus on moving a solution from one framework to a newer framework – improving and modernizing useful software for an organization. As VertiGIS Studio is a commercial- off-the-shelf application framework, VertiGIS may be limited in some capacities to deliver the exact behavior, look, or feel of the original application.
• Any resulting schedule and ability for VertiGIS to deliver will be dependent on deliverables owned by the City, including but not limited to, environment, infrastructure, data (Esri Utility Network), service connectivity, and developer access.
• As application performance depends on multiple factors beyond VertiGIS' control (i.e.. number of layers in the web map, data volume and granularity, service configuration, and server infrastructure), VertiGIS cannot guarantee the application or tools will load within a specific timeframe.
• VertiGIS will work to find the best balance of performance and may provide performance tuning steps that the City will own.
11 VertiGIS' Responsibilities
• Provide project management to ensure successful delivery. • The project manager will monitor the progress and budget burn for the project. They will provide status updates and reports to the client on an agreed-upon schedule. • The project manager will ensure that any change requests are captured and processed accordingly.
• Provide QA/QC on the developed modules, templates, forms, work sheets, etc. • Resolve critical issues found with the application during testing and implementation within an agreed upon timeframe.
• Resolve high and medium priority issues found during testing and implementation. • Capture low priority defects for future releases.
• Provide Project status reports to the City's Project Manager on an agreed-to basis. • Development Epics and Sprints will be created to prioritize and manage the work outlined in this proposal.
• Manage and escalate Project issues and risks as appropriate. • VertiGIS warrants for a period of thirty (30) calendar days from the time of delivery that the deliverables will substantially conform to the specifications set out in this proposal.
The City of Murrieta's Responsibilities
• Provide a primary point of contact for the entirety of each task. • Communicate project needs and priorities to VertiGIS. • Provide Subject Matter Experts to assist with tasks.
• Provide sample/development data and supporting map services. • Escalate Project issues and risks as appropriate.
• Provide the appropriate resources to perform User Acceptance Testing. • Coordinate user training, as needed.
• Notify VertiGIS of product defects, their priorities and issues for resolution. 12 Cost and Budget
Costing Model - Time & Material
During the software development process, there are situations and projects that demand flexibility from all the parties involved. Time & Material (T&M) is the preferred approach to managing cost and budget constraints since it allows more control over development progress and cost instead of relying on educated guesses at eventual expenses.
VertiGIS uses the T&M model when there is no whole vision of the solution and its implementation specifics. This option is fully negotiable and uses an hourly rate for work applied in the development process. To prevent uncontrolled price growth, we define an upper limit for project budget.
One of the biggest benefits of this model is task prioritizing for development projects. Each project is divided into several separate tasks (involving features, use cases, tests, etc.). VertiGIS' project manager gives advice on importance, level of complexity, implementation, and cost of these tasks. Thus, clients can prioritize the order of features and use cases depending on cost and relevance to the solution.
VertiGIS uses the T&M model when at least one of the following situations applies to the project:
• When requirements are not precise or specifications cannot be clearly defined. • When there will be a constant flow of tasks or enhancements. • When project scope is unknown or implementation spreads over months. • When the client requires a high level of flexibility or change requests often appear during the development process.
• When the client wants more direct control over the process or provides certain resources that can influence the project implementation.
In this type of pricing model communication and agreement greatly influence time and cost efficiency of the project. Constant supervision and coordination of effort are the keys to a successful project.
Since clients pay only for the hours and accompanying expenses spent on the project, they are provided with timely reports so they can track and control time and expenses, and material. VertiGIS uses a variety of software - from weekly project burn down reports to specialized web applications. VertiGIS uses Intacct Project Accounting and JIRA Issue Tracking to provide all the necessary data, time tracking and communication for successful project management and reporting. 13 CostThe proposed budget for the project is supplied below and is an estimate only. The estimates are based on our current understanding, and may need to be adjusted as the requirements and specifications evolve over the course of the project.
Description Quantity Cost Total Cost
Application Development and Services
Note: The provided estimate of hours includes Project
Management time to ensure that any change requests are
captured and that projects run smoothly.
65 $255 $16,575
Total $16,575
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