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CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 4`h day of November, 2010, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and The Gartrell Group,
hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and experience
possessed by Contractor, and
City has determined that Contractor is qualified and capable of performing the professional services as City
does hereinafter require,under those terms and conditions set forth:
Therefore, the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services upon receipt of City's notice to proceed together with an executed copy of
this Agreement. Contractor agrees to complete work that is detailed in Exhibit A — Scope of Work and by
this reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise
terminated or extended, on June 30, 2011. All work under this Agreement shall be completed prior to the
expiration of this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not exceeding Twenty Thousand Eight Hundred and No/100
Dollars ($20,800.00) for the performance of the services described in this Agreement. Payments will be
based on Contractor's invoice which shall be subject to the approval of the City. Payments shall not be
made more frequently than monthly. Payment shall be payable within thirty (30) days from the date of the
Contractor's invoice.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax.
Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and
contacts shall be used to transmit notices,bills, payments, and other information:
en wolf 7WAMTHEE GA TRE+ Ci OO
Attn: Preston Beck Attn: BrYce Gartrell
13125 SW Hall Blvd. 107 SE Washington, #435
Tigard, Oregon 97223 Portland, Oregon 97215
Phone: 503) 71.8-240.4 Phone: (503),23`5-3579
Fax: 503) 684-7297 Fax: (503) 235-7064
Email Address: j2restong,ti ard-or: ov Email Address: b ce artrell ou .com
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CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to
be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to
benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and
taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any
administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation
due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full
extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as
a result of said finding.
Contractor acknowledges that for all purposes related to this Agreement,Contractor is not an officer, employee,
or agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to enter into
this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local laws, it
being understood that acceptance of a contractor's work by City shall not operate as a waiver or release.
Contractor and City agree to indemnify and defend the other, and the other's officers, agents and employees
and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other
costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a
trial or appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's
acts (or failure to act when action is appropriate) that may be asserted by any person or entity which in any way
arise from or relate to this Agreement or the performance of obligations under this agreement, except liability
arising out of the sole negligence of the party being indemnified. The indemnification by Contractor of the City
shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect
of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this indemnification.
INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract. Such insurance shall cover all risks arising directly or indirectly out of Contractors activities or work
hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and
coverages:
a. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
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Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that
Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles.
The Combined Single Limit per occurrence shall not be less than$1,000,000. Said insurance shall name
City as an additional insured and shall require written notice to City thirty (30) days in advance of
cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier
complies with this paragraph.
c. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are either
subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage that satisfies Oregon law for all their
subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must
provide Oregon workers' compensation coverage for their workers who work at a single location within
Oregon for more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain such coverage. This shall include Employer's
Liability Insurance with coverage limits of not less than$500,000 each accident.
d. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
e. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the required certificates have
been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or
loss caused by negligence or neglect connected with this contract.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before either before the
work is completed or the 30`h day of June, 2007 shall be accompanied by thirty (30) days written notice to
the other party prior to the date termination would take effect. There shall be no penalty for early
termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services
rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which
result from this Agreement, including any computations, plans, correspondence or pertinent data and
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information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or
upon completion of the work pursuant to this Agreement.
GOVERNING LAw
Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on non-
discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status,
age, medical condition or disability. The provisions of this Agreement shall be construed in accordance with
the provisions of the laws of the State of Oregon. All provisions required by ORS Chapter 279 to be included
in a contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or
suits involving any question arising under this Agreement must be brought in the appropriate court of the State
of Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment promptly as due to persons supplying Contractor labor or
materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts
due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall
not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any
labor or material to be famished. Contractor further agrees to pay to the Department of Revenue all sums withheld
from employees pursuant to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver,
consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed
by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific
instances and for the specific purpose given. There are no understandings, agreements, or representations, oral
or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized
representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be
bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD THE GARTRELL GROUP
By: Autf7rized City staff By: uthorized Agent of Contractor
11/ 1( /f 0 d � Z o/I
Date Date
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Exhibit A
Scope of Work
Est.
Task Task Description &Vendor Proposal Cost
This will provide the opportunity for key staff from Contractor and the
City to discuss project details and assure a common sense of orientation
about goals and leading priorities. The agenda will include:
• Performing a review of relevant aspects of the City's technical
infrastructure and environment;
• Identifying critical project beneficiaries, end users and stakeholders
at the City and discussing their associated roles and work activities;
• Discussing project management details,resources, and an associated
1. Project Kickoff communication plan; $1,280
• Reviewing the proposed project plan and discussing any necessary
or desired adjustments;
• Collecting and discussing any available information, documentation,
lessons-learned related to the City's earlier pilot application work
focused on DMS-GIS integration.
DELIVERABLES:
➢ A refined and guiding scope of work based on topics discussed and
explored during the Kickoff Meeting.
Contractors shall produce the workflow mappings at the end of the
next task,which will focus more attention on the current and
envisioned work practices of end users and stakeholders. In Task 2
Contractor shall focus specifically on:
• Reviewing technical aspects of the DMS system and its deployment
at the City in greater detail that was covered during Kickoff;
• Review and consider the document types that are candidates for the
DMS/GIS integration project;
• Review and discuss strategies for creating the `spatial hook' that may
be used to geolocate Laserfiche documents;
• Consider any interventions or change recommendations for any
2. Database incipient Laserfiche projects or activities that might better situate $1,280
Architecture them for future integration with GIS.
Contractor's findings and activities in Task 2 will provide an improved
understanding of the mechanics of City's Laserfiche deployment(s)
which Contractor will draw from in Task 3 in which Contractor's direct
attention to assessing the current and evolving needs of stakeholders
and begin to consider the functional requirements of a system that will
best serve their needs.
DELIVERABLES:
➢ Document of Task 2 findings detailing potential document types to
include,potential types of`spatial hooks' and Laserfiche / GIS
deployment details relevant to the project.
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Est.
Task Task.Description&Vendor Proposal Cost
With a more detailed technical orientation to the City's DMS and GIS
systems, Contractor will then conduct a series of tactical stakeholder /
end user interviews designed to help us elicit information that may be
used to:
• Develop an accurate and sufficiently thorough understanding the
existing and ideal workflows of different end users who use or have
3. End User / potential use for integrated GIS / Laserfiche capabilities;
Stakeholder • Create graphical documentation reflecting the different discovered
Needs workflows,with emphasis on filling gaps in the City's GIS Team's
Assessment & current understanding of work procedures that may benefit from a $3,200
Workflow GIS/DMS integration.
Mapping • Record a list of desired and / or necessary features and functions
for an integrated GIS/DMS system, and prioritize this list according
to the perceived business value of the included features.
DELIVERABLES:
➢ Actual and potential workflow mappings,with included narrative
explanations and graphical illustrations.
➢ Related needs assessment findings, including a prioritized list of
system integration feature requirements.
Commercial off-the-shelf software (COTS) can offer distinct
advantages over custom software solutions in certain cases. Contractor
shall explore the availability of COTS solutions that may match the
requirements we have helped the City discover and document over the
course of the previous tasks may be valuable. In Task 4, Contractor
shall spend some limited time investigating COTS solutions that might
be used in `bridging' Tigard's GIS and DMS systems. Criteria in the
assessment shall include:
• Judging how well a COTS product satisfies the City's identified
requirements;
4. COTS • Reviewing similar uses of the product and learning of the $960
Assessment experiences in other organizations where similar efforts have been
undertaken;
• The install base of a considered product;
• Product cost.
DELIVERABLES:
➢ Documentation of COTS Assessment findings,including a ranking
matrix of any considered products and a recommendation as to
whether a COTS or custom solution should be pursued by the City.
➢ An optional in-person meeting to discuss Task 4 findings and
recommendations may also be held if the City's project team
believes it may be helpful for decision making.
5. Solution In Task 5, Contractor shall apply collective findings about the $2560
Architecture & mechanics of Ti ard's DMS and GIS systems, and the workflows and '
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Est.
Task Task Description&Vendor Proposal Cost
Design functional requirements and preferences of users toward architecting
the optimal GIS-DMS integration for the City. Depending on the
decisions made in Task 4, this may involve a custom solution or it may
involve a COTS third party solution (in which case,Task 5 will focus
more on implementation plans than on the architecture of the actual
software system).
Contractor's work on this task will involve drafting a blueprint for the
technical solution and also some usercentered design activity related to
developing any graphical user interfaces (GUIs) that may be involved in
effecting the desired integration between GIS and DMS. Both the
technical architecture of the solution (or implementation plan, as the
case may be) and the GUI illustrations will be presented in draft form
to the project team, and then refined based on feedback until the full
team is confident in their thoroughness and completion.
DELIVERABLES:
➢ Technical Solution Architecture document— 1st draft, then final
version.
➢ Wireframes of GUI(s) — 1st draft, then final version(s) based on
feedback.
Following the approved deliverables from Task 5, Contractor will
proceed in either developing a customized solution for the integration
or implementing a 3rd party solution chosen from Task 4 efforts. The
precise details of how application development or implementation will
be done will be mutually determined with the City's project team,but it
will likely involve having Contractor's technical team do some work in
our own development environment and then transitioning developed "
6. Application components to City infrastructure so as to minimize disruptions to City
Development or staff. It may first be implemented in a testing environment, according $7,680
to City preferences. Although formal testing will be covered in a
Implementation
follow-on phase,progressive testing and review of work in progress will
likely be used to help verify that work is proceeding according to the
City team's desires and expectations and that any adjustments in
priorities or approaches may be accommodated along the way.
DELIVERABLES:
➢ Implemented application / integrated systems, ready for formal
testing on City infrastructure.
Following complete implementation of the custom
developed/purchased 3rd party system, a period of formal testing will
ensue. Contractor will develop a formal Testing Plan based around the
workflows and functional requirements documented earlier in the°"
7. Testing project,and will describe a series of interactions with the system, the $1,920
effect they are anticipated to produce, and will leave spaces in which
testers may record any differences between anticipated and actual
behavior of the system. Any exceptions to anticipated behaviors will be
to ed in a bug tracking system and appropriate modifications to the
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Est.
Task Task Description &Vendor Proposal Cost
system will be made until all identified exceptions have been addressed
and are no longer reproducible.
DELIVERABLES:
➢ Bug Tracker...all identified exceptions logged and resolved to
mutual satisfaction of project team members.
Once testing work has been completed and any associated changes or
revisions to the integrated system have been made, Contractor's team
will produce documentation targeting an audience that will be mutually
determined with the City's project team. Contractor shall present this
8. Documentation documentation in draft form, and following any necessary revisions
& Knowledge made based on City-provided feedback, Contractor shall then use it as a $1,280
Transfer guide for some on-site mentoring related to the administration, support,
and maintenance of the delivered integration system.
DELIVERABLES:
➢ System documentation, oriented to audience(s) of City's choosing.
➢ On-site mentoring ands stem review session.
Once the City is prepared to put the implemented system into
production usage, Contractor's technical staff will provide on-call
support to help address any unanticipated issues that may arise as the
9. Deployment & City goes from a testing to production environment and begins to
Production deliver the GIS-DMS integration capabilities to users in different $640
Rollout Support divisions.
DELIVERABLES:
➢ On call support, as needed. Up to 4.5 hours.
Pro:'ect Total $20,800'
q City of'rigard Of
FINANCE AND INFORMATION SERVICES
Notice To Proceed
November 17,2010
The Gartrell Group
ATTN: Bryce Gartrell
107 SE Washington, #435
Portland, OR 97215
Dear Mr. Gartrell:
Enclosed you will find an executed copy of the agreement between the City of Tigard and The Gartrell
Group, for the GIS-DMS Integration project. Please consider this letter the City's official notice to proceed
on the project.
The City is truly looking forward to this opportunity to work with your company. If you have any questions
please feel free to contact me at either 503-718-2477 or at josephgtigard-or.gov.
Sincerely,
Joseph Barrett
Senior Management Analyst