HomeMy WebLinkAboutAgr 2019-09-12 (BMI Imaging) AGREEMENT FOR PLANNING & BUILDING
SERVICES
THIS AGREEMENT, made and entered this 11 day of 501 201_T by and
between the TOWN OF TIBURON, a municipal corporation of thl State of California hereinafter
called "Town", and Discovery Office Systems and BMI Imaging, hereinafter referred to as
"Consultant".
RECITALS
A. The Town of Tiburon's Community Development Department wishes to retain
professional contract services to scan planning and building files.
B. The Town has determined that Consultant is qualified to provide the desired services.
C. The Town wishes to contract for the Consultant to provide the services described in
Exhibit A ("Services"), which is attached hereto and incorporated herein by reference.
AGREEMENT
1. Scope of Consultant Services. Consultant shall perform the Services described in
Exhibit A (to be provided by Consultant). Consultant may subcontract out certain of the
Services to other Consultants only as specified in Exhibit A or with Town's prior written
approval. In the event of such subcontracting, Consultant shall remain responsible for the
full performance of the Services.
2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A.
Payments shall be due thirty days after submission of an itemized invoice showing work
actually completed. Consultant shall submit invoices on a monthly basis for time and
materials actually expended. Consultant's fee shall not exceed $35,000 without prior
Town approval of an amendment to this agreement. Consultant shall not use any Town
automobiles for performing any of the Services.
3. Standard of Work; Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify,defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a
negligent or intentional acts or omissions of Consultant in the performance of the Services
pursuant to this Agreement.
Discovery-BMI Agreement for Services
1
4
4. Consultant as Independent Contractor; Indemnity. Consultant (including its agents and
employees) is not an agent or employee of the Town but is an independent contractor not
subject to the direction and control of the Town. Without limiting the foregoing,
Consultant shall maintain complete control of its operations and personnel and shall be
solely liable and responsible to pay all required salaries,wages, expenses,taxes and other
obligations, including, but not limited to, withholding and Social Security.
5. Attendance at Hearings. If requested by the Town of Tiburon, Director of Community
Development, Consultant shall appear at litigation and/or administrative hearings that
pertain to the Services. Town shall reimburse Consultant for such appearance(s) at the
hourly rate specified in Exhibit A.
6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation, subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
7. Insurance. Consultant shall maintain insurance as set forth below.
A. Comprehensive General Liability: Combined single limit of$1,000,000 for each
single occurrence and $2,000,000 annual aggregate.
B. Comprehensive Automobile Liability: Combined single limit of$1,000,000.
C. The insurance required under paragraphs A and B, above, shall be endorsed with
language covering the Town, its officials, officers, employees, agents, assigns and
volunteers. Such coverage shall be primary, non-contributory insurance to the
Town,its officials,officers and employees and shall act as though a separate policy
had been written for each.
D. The insurance required by this Section 7 shall not be suspended, voided, canceled
or reduced in coverage or in limits during the duration of this Agreement and/or
while any work or services are being performed pursuant to this Agreement. Any
failure to comply with the reporting requirements of the policies shall not affect
coverage provided to the Town, its officials, officers and employees.
E. Evidence of compliance with the insurance and endorsement requirements of this
Paragraph shall be subject to the approval of the Town Attorney.
S. Ownershin of Documents: Re-Use: Indemnitv. All documents prepared by Consultant
}
pursuant to this Agreement shall be the property of Town. Town acknowledges that said
documents are prepared for use only in connection with the Services described in the
Exhibit A.
9. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days
Discovery-BMI Agreement for Services
2
after submittal, Consultant may commence to charge interest of the unpaid amounts at the
lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In
addition, Consultant may suspend the performance of the Services after giving Town 10
days notice of its intent to do so. In the event of such suspension, the Base Fee shall be
increased to include Consultant's reasonable costs of suspending and restarting the
Services.
10. Termination of Contract. It is expressly understood that either parry shall have the right
to terminate this agreement with or without cause within five (5) days written notice to
the other parry. In such event, Consultant shall deliver to the Town copies of all finished
and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to
the contract, and Consultant shall be entitled to receive just and equitable compensation
for any satisfactory work completed as determined by the Town.
11. Discrimination. In the performance this Agreement, Consultant shall not engage in nor
permit others he may employ to engage in discrimination in the employment of such
persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
12. Licenses. Consultant represents and warrants that it has all licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required
of consultant to practice its profession. Consultant represents and warrants to City that it
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of
this Agreement, any licenses,permits, insurance and approvals which are legally required
of consultant to practice its profession.
13. Miscellaneous.
A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A.
To the extent that there are any inconsistencies with such Exhibit and the other
portions of this Agreement, the latter shall prevail.
B. Governing Law. The laws of the State of California shall govern this Agreement.
In the event that a dispute arises from this Agreement,the venue for resolving such
dispute shall be the County of Marin.
C. Severability. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not
be affected unless the effect thereof would materially change the economic burden
on either party.
Discovery-BMI Agreement for Services
3
D. Successors in Interest; Assignment. This Agreement shall be binding on the
assigns and successors in interest to both parties.
E. Entire Agreement; Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
CONSULTANT TOWN OF TIBURO
By: John Kinses,� By: Greg fhanis,
Vice President Professional Services TownManager
Discovery Office Systems
By: Jim Detrick
Vice President
BMI Imaging
APPROVED AS TO FORM:
Benjamin Stock, Town Attorney
Discovery-BMI Agreement for Services
4
D. Successors in Interest: Assignment, This Agreement shall be binding on the
assigns and successors in interest to both parties.
E. Lintirc Agreement;Aniendme'nt. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
CONSULTANT TOWN OF'T1131_IIZO
s
By: John Kinses, By: Greg .hanis,
Vice President Professional Services Town Manager
Discovery Office Systems
.4 l,{
By: Jim Detrick
Vice President
BMI Imaging
APPROVED AS TO FORM:
Benjamin Stock,' own Attorney
Discovery-QM/Agreement for Services
4
EXHIBIT A: SERVICES
See Attached Scope of work
Discovery-BMI Agreement for Services
5
'Cr ema
°"'°" ion, In Partnership With
Network Solutions Group 13
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Cost Proposal
Lasertiche Scanning Services
Building and Planning Records
Prepared For
Submitted:
June 25,2019
Prepared For:
Chelsee Navado
Building Permit Clerk
Prepared By:
Jim Detrick, Vice President
jdetrick@bmiimaging.com
408.736.7444 Ext. 212
Raj Chumbar
Account Executive
rchumbar@discoveryofficesystems.com
415.806.3233
John Kinses
Vice President Professional Services
jkinses@discoveryofficesystems.com
707.321.9098
DISrdaoarrE
RY
Network Sotunons Group;
June 25,2019
Chelsee Navado
Building Permit Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Chelsee:
Thnnk vnn fnr a;v;na r);crn%,ar%t(lffir r Ctiotame and nnr;r aninn _nrtnnr RAAi Imnninn thn
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opportunity to submit the attanheri Cost nrnnncal addressing,the scannino of the Tmxrn'c F2�iM;n
Y.-tl-,», b . ..b. ..g
and Planning records to a Laserfiche-compatible format. The following information is included:
i A brief overview of Discovery Office Systems' (DOS) and BMI Imaging's history,
production facilities and security;
A Schedule of Work that provides a detailed description of the proposed document
processing methodology;
A Schedule of Fees that provides unit pricing for the required Laserfiche scanning
services.
Since 1958, Discovery Office Systems has been a leading Northern California-based document
solutions and Managed IT/Network Services provider. Also founded in 1958,BMI Imaging is a
leading, provider of high-volume document/microform scanning,data entry and document
hosting services. Both organizations complement their service offerings with turnkey document
management system solutions incorporating state-of-the-art software and comprehensive
implementation, integration and support services.
Again,thank you for the opportunity to present this proposal. Should there be any questions of
interpretation, please don't hesitate to contact me at the number below.
Regards,
John Kinses
707.570.4215 direct
707.321.9098 mobile
707.570.1000 e www.discoveryofficesystems.com
Sacramento 9 Santa Rosa e Napa 9 Novato • Ukiah
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pay Overviews'
History
Discovery Office Systems has been in business for 61 years. DOS started in 1958 selling and
servicing printing presses. We have evolved into one of the largest office technology solutions
providers in Northern California. DOS is part of the Kyocera Document Solutions family
providing office equipment,document management software solutions,print management
software solutions, Voll?, virtual conference room collaboration systems and Managed IT
services.
BMI Imaging Systems (originally Bay Microfilm Incorporated) began as a microfilm service
bureau, working with county government agencies in the 1950s on the microfilming of land
records. In the early `60s,we expanded our archiving services to include the preservation
microfilming of the rare books and manuscripts of some of California's leading universities. A
Library Microfilms Town was also established, working with over 200 newspapers in preserving
California local history for libraries and publishers. A reputation for service, precision,and
reliability led to steady expansion of our government,education and commercial clients over the
next two decades.
By the early 1990's, the records management industry had entered the digital age and BMI was
at the forefront of this evolution. Clients were meeting their electronic document management
needs by digitizing their microfilm and paper records with BMI installing on- premise document
management software solutions. Like many of the companies that started in Silicon Valley in the
early `50s, BMI's growth was fueled by the spirit of innovation and partnering with customers
who were looking for better ways to preserve and secure their data.
What BMI Offers Today
Today, BMI's production staff,a team of over 70 highly trained technicians,creates an average
of 3 million digital images per month. We serve a customer base of over 800 organizations,
many of whom have been clients for over 20 years. This customer loyalty stems from our
steadfast commitment to providing consistent, high-quality and customized service. As part of
BMI's operational capabilities, BMI developers have written over 2,000 unique software tools to
address almost every conceivable image and data processing requirement.
In addition to providing document/microfilm conversion and data capture services of the highest
standard, BMI is both an application service provider,enabling secure access to client data via
the Web, and a systems integrator, implementing turnkey document capture, management and
workflow solutions. BMI employs an in-house development staff,a project management
customer support staff, and IT professionals that support internal and Web hosting operations.
707.570.1000 a www.discoveryofficesystems.com
Sacramento e Santa Rosa o Napa a Novato 9 Ukiah
�.�rv�ai �,Y Cost Proposal to'Town of"Tiburon
Laserfiche Scanning Services
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BMI's Facilities and Security
BMI maintains two comprehensive 16,000 square foot production facilities located in Sunnyvale
(our headquarters and one of two data centers)and Sacramento, California. Both of these free-
standing, single-tenant facilities are protected by heat-activated sprinkler systems and electronic
security systems (Sonitrol)that are monitored 24/7. All external doors are secured with
programmed key code locks that record the date,time and user of each entrance event. Video
(CCTV) surveillance cameras capture all entrances, inside production and server areas and each
building's exterior. There are no wireless networks at either facility and all BMI servers are
located within locked server rooms, which are redundantly secured with cipher locks. Cell
phone use is prohibited within the production areas.
BMI routinely processes, stores and hosts confidential/secure documents and data for medical,
law enforcement and government entities. As a result,our employees,facilities,data processing
systems and data management procedures are required to be both HIPAA and CJIS(Criminal
Justice Information Systems) compliant. Risk assessment reviews are conducted annually or
prtvr w Mr, rccetpt ut any atatenats requtnng security procedures aria precautions beyond the
standard proceutires uelineu within 131`011's security manuals.
Also noteworthy with regard to security, BMI passed a Federal Government Audit/Certification
in order to perform microfilm conversion services. As a result, BMI is in compliance with the
National Institute of Standards and Technology Special Publication(NIST SP)800-53 guidelines
covering Federal Government Policies for Structural Security, Physical Access, Media
Protection,NPI Security and Safety.
RagingWire, a BMI colocation data center in Sacramento, California, maintains both BMI
production backups and synchronized/replicated sets of customer-hosted data. The data sets
hosted at the RagingWire and BMI Sunnyvale data centers are both active; user requests are
serviced using a"load-balancing" methodology between the sites for performance.
Key specifications for the RagingWire data center environment are provided below:
• 180,000 sq. ft., with 70,000 sq. ft. of raised floor space in a seismically safe location
• 8 feet tall perimeter fence with no public access
Multifactor identification and multi-level security zones
• 240 manned security with centralized electronic access control systems
• Digital zoom cameras that monitor all secure areas, parking lots,entrances and roof
• 29 MW of backup generator power
• Patented 2N+20 electrical infrastructure design and 100%availability SLA
• SSAE 16, PCI DSS, LEED Gold, EPA ENERGY STAR certified
707.570.1000 e www.discoveryofficesystems.coin
Sacramento e Santa Rosa 9 Napa e Novato e Ukiah
DIlSc�r+r�tr Cost Proposal to Town of'l'ihuron
Co Cor ERY Laserfiche Scanning Services
15-W-1 Building and Planning Records
Schedule of Work
BMI Imaging will implement a proven, volume-oriented document scanning/conversion
methodology that will ensure the Town of Tiburon(hereinafter"Town")receives a Laserfiche data
deliverable that will meet its stated requirements. Under this best practice-based approach to the
overall project, BMI Imaging will:
® Maintain the security and integrity of the submitted hard-copy documents while they're
under BMI's custody, care and control;
® Implement a tuned document scanning process that best accommodates the size and
quality/characteristics of the various document/page types;
Create metadata for Laserfiche document foldering, naming and indexing purposes;
Ensure the Town receives a Laserfiche-compliant data deliverable of acceptable quality/
completeness in accordance with mutually agreed upon delivery schedules.
The high-level document processing tasks are as follows:
1) Pre-production Tasks 6) Document Reassembly
2) Document Pick-up 7) Document Indexing
3) Shipment Receipt and Reconciliation S) Data Formatting
4) Document Preparation 9) Output Media Preparation
5) Document Scanning 10)Document and Data Delivery
Each of the processing tasks is described briefly below:
1) Pre-Production Tasks
During this initial phase of the project,the criteria for the subsequent production effort will be
established and agreed upon, and procedures will be implemented to ensure compliance with
the Town's processing and delivery requirements. BMI will work closely with Town staff on
the following pre-production tasks:
a) Define the chain of custody shipping documentation requirements;
b) Define the file pick-up and delivery schedule. BMI will work with the Town to implement
a schedule that will allow each submission of records to be accurately, efficiently and cost
effectively processed within a reasonable turnaround time;
c) Complete a "Milestone I" processing phase, during which a small portion the submitted
files will be fully processed and delivered for the Town's review and acceptance prior to
moving to full production status on the project.
2) Document Pick-Up
BMI provides a high level of care for its client's records and takes
responsibility for maintaining the security and integrity of those records
while they're under its custody,care and control. BMI will utilize its own
vehicles and drivers to pick up the Town-boxed documents from its offices
at 1505 Tiburon Boulevard in Tiburon.
707.570.1000 a www.discoveryofficesystems.com
Sacramento 9 Santa Rosa 9 Napa e Novato e Ukiah
D Osvei\r!BCW 60 �_ _. Cost Proposal to Town of Tiburon
' Lasertiche Scanning Services -
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3) Shipment Receipt,Reconciliation and Tracking
The received boxes will be reconciled with the shipping documentation and logged into Unity,
a BMI-developed workflow and production control/reporting system that utilizes barcode
technology to closely track each box through the various production process flows.
4) Document Preparation
The documents will be prepared for the scanning process. The preparation process will
include the following tasks:
a) Removal of the documents from their file folder fasteners. Documents attached to
the left-hand side of the folder will be placed on top of those on the right;
b) Moving of the large-format plan sets to the end of the file;
c) Printing, matching and insertion of barcoded file separator sheets as the first page of
each file. A barcode sheet will be generated for each record within the file
inventory spreadsheet that the Town will be furnishing for each submission;
rll Rpmnval of all rPmninina nnaP/chPwt fnetanPre-
e) Back-folding of lan cetc to en-gnre each chePt ran he prnperly fed-
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f) Repair of torn sheets in instances where the tear would affect either the feeding
process or the completeness of the image produced from the page.
5) Document Scanning
BMI will utilize workstations configured with best-in-class Opex
Falcon production scanners for the 300 DPI duplex capture of all '�w
small-format pages within each file. The scanners automatic color ,
detection function will be utilized to capture any page with color — F,
content of any kink in color. All other pages will be captured in black
and white. Any blank back-sides of pages captured during the scanning process will be
deleted using a software-based blank page deletion process.
BMI will utilize workstations configured with high-performance,42"
Contex HD Ultra large-format scanners for the black and white capture
of all plan set sheets. The plans will be scanned on a sheet-by-sheet
basis at a 300 DPI resolution to a Group IV TIFF image file format.
During the scanning process, 100% of the images will be presented to the operator and
reviewed for quality and completeness. In general, the image acceptance criteria are
readability (legibility of lettering and graphics), contrast and position. If it is determined that
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using manual controls.
5) Document Reassembly
Following the scanning process, the sheets associated with each plan set will be re-rolled,
rubber-banded and returned to the box they were submitted in. It is assumed that the
replacement of any BMI-removed page bindings/fasteners is not required.
707.5 70.1000 ®www.discoveryofficesystems.com
Sacramento •Santa Rosa a Napa e Novato a Ukiah
DI,anearCost Proposal to Town of Tiburon
avoiwlERY Laserfiche Scarming Services
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7) Document Indexing
The image files created for each document during scanning will be indexed using a
match/merge process that matches the unique ID (UID) value on each BMI-inserted barcode
sheet with the corresponding metadata [Record Type (Building or Planning), Street Number,
Street Name, Permit Number, etc.] in the inventory spreadsheet that the Town furnishes for
each submission.
8) Data Formatting
The image files and their corresponding index values will be formatted for import into the
Town's Laserfiche system using the software's "List File" import specification. During the
import process, all documents will be associated with the COMMUNITY DEVELOPMENT
index template, named as per the Street Name, Street Number and Permit values captured
during the document indexing process and foldered as per the Town's current Laserfiche
folder/subfolder convention (see image below).
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707.570.1000 ®www.discoveryofficesystems.com
Sacramento 9 Santa Rosa 9 Napa 9 Novato 9 Ukiah
DI--^'O ER Cost Proposal to Town ot-iburon
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9) Output Media Preparation
The LaserCche data deliverables will be recorded to both custom-labeled DVD media and
USB thumb drive for delivery.
10) Data and Document Delivery
The DVD,USB thumb drive and processed documents will be delivered to the Town's offices
at 1505 Tiburon Boulevard in Tiburon via BMI delivery vehicles and personnel. Appropriate
chain of custody shipping documentation will accompany all deliveries.
Fee Schedule
Service Description Unit Price
One-Time Project Setup/EngineeringFee: $895.00
Document Preparation: $29.00hour
Document Scanning
Up to 8.5" x 14" sheets: $0.06/image
11"x 17"sheets: $0.12/image
17"X 22"sheets $0.9/image
24"x 36"sheets: $1.3 1/image
36"x 48"sheets: $1.79/image
Document Indexing: $0.l2/document
Record and Label DVD Media: $12.00/disk
Record USB Thumb Drive: $29.00/drive
Document Pick-up/De I i verVia B1Vi1 Truck: $180.00/tri
Minimum Charge per Submission: $1,500.00
Applicable sales tax will be added to all invoices.
Payment terms: Net 30.
707.570.1000 a www.discoveryoffiicesystems.com
Sacramento a Santa Rosa 9 Napa o Novato ® Ukiah