HomeMy WebLinkAboutQuartic Solutions LLC; 2007-03-01;AGREEMENT FOR GIS DATABASE AND OPERATIONS SUPPORT SERVICES
QUARTIC SOLUTIONS, LLC
THIS AGREEMENT is made and entered into as of the / _ day of
20(37 by and between the CITY OF CARLSBAD, a municipal
corporation, C'Crty"), and QUARTIC SOLUTIONS, LLC, a CALIFORNIA CORPORATION,
("Contractor").
RECITALS
City requires the professional services of a GIS consulting firm that is experienced in
GIS software for database creation, maintenance and operations. Contractor has the necessary
experience in providing these professional services, has submitted a proposal to City and has
affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1 . Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one (1) year from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be not to
exceed five thousand dollars ($5,000). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. City reserves the right
to withhold a ten percent (10%) retention until City has accepted the work and/or the Services
specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
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employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred
thousand dollars ($500,000) each, unless otherwise authorized and approved by the City
Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior
written notice to the City by certified mail. City will be named as an additional insured on
General and Automobile liability. Contractor will furnish certificates of insurance to the Contract
Department, with endorsements to City prior to City's execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
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14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CITY OF CARLSBAD, a municipal
corporation of the State of California
By-
(sign here)
L
(print name/title)
City Manager or Mayor
ATTEST:
0 gl
(e-mai
tfxtr
ail address)
"By:
(sign here)
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
Corporation. Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
*Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD/R: BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #11.28.06
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of C. o- 1 f f < si <
County of
)
On he WiAetvy £, Q7 before me, TJ^mtS
'«,
personally appeared ~\\ w ^ Lu.pg
(here insert name and title of the officer)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the(^erson$s) whose
nam^(s)(f§)/are subscribed to the within instrument and acknowledged to me thatdieyshe/they executed the
same in(RT^/rier/their authorized <grgpacityj(ies), and_that byCtuVher/their (signatu^s) on the instrument the
(s), or the entity upon behalf of which th^persojj(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
JAMES PATRICK O'CONNELL I
COMM. # 1716372 2
NOTARY PUBLIC - CALIFORNIA S
SAN DIEGO COUNTY ~
My Comm. Expires Jan. 13, 2011 f
(Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPCITY CLAIMED BY THE SIGNER
Individual (s)
Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
D Trustee(s)
D Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notarv to do something that is illegal for a notarv in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
fte/she/tHeyv- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•J* Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
•J* Indicate title or type of attached document, number of pages and date.
•J* Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
CAI'A v 12.11).(15 '' : hy Association of Professional Notaries & C'SA SOfl-873-9865 www.notaryclasses.com
EXHIBIT "A"
SCOPE OF SERVICES
1. Create an automated process to import and configure parcel data from SanGIS, to
produce a layer of single polygons representing parcel boundaries. This single layer
polygon boundary file would then be linked with corresponding attribute table(s) from
Assessor files, the PERMITS database, and others, related to the polygons. The
resulting structure would link a polygon to related attributes in a one-to-many relation.
2. Test the program and procedures for completeness and accuracy, and so it can be
executed on succeeding parcel updates from SanGIS.
3. Other tasks related to enhancing the City of Carlsbad's ArcSDE administration and
operations, as directed.
City Attorney Approved Version #t1.28.06