HomeMy WebLinkAboutItem No. 07 Amend. No. 1 PSA Soto Media, LLC.City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-695
Agenda Date: 8/11/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 7)
Amendment No. 1 to the Agreement for Professional Services with Soto Media, LLC
Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services
with Soto Media, LLC for Consulting Services and Support for EnerGov /GIS Integration to the City ’s land
management software for Fiscal Year 2020-21 in the amount of $30,400 and in such final form as
approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 8/6/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of City Council
From: Grant Yates, City Manager
Prepared by: Jim Jensen, Information Technology Manager
Date: August 11, 2020
Subject: Amendment No. 1 to the Agreement for Professional Services with Soto
Media, LLC
Recommendation
Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional
Services with Soto Media, LLC for Consulting Services and Support for EnerGov/GIS Integration
to the City’s land management software for Fiscal Year 2020-21 in the amount of $30,400 and in
such final form as approved by the City Attorney.
Background
For the past year, the City of Lake Elsinore has been engaging the services of Soto Me dia, LLC
(“SOTO MEDIA”) to provide support for and implement changes to, the City’s EnerGov land
management software. SOTO MEDIA has assisted City staff with mitigating issues that have
occurred during normal operation of the software along with implementing configuration changes
as requested by City staff. This has helped to alleviate the workload already placed upon City IT
staff, freeing them up to focus on other, more critical projects.
Discussion
As we move forward with adding additional features to the EnerGov application and the underlying
GIS platform it relies on, it will be critical that the software is configured correctly to ensure
accurate and timely services are provided to the City’s residents and partners. To that end, the
City desires to extend its relationship with SOTO MEDIA and have them assist with the further
development of the EnerGov and GIS applications.
Fiscal Impact
The Information Systems Internal Services Fund has funding available for the $30,400.00 for the
next four months.
Exhibits
A – First Amendment
B – Original Agreement
1
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL
SERVICES FOR ENERGOV LAND MANAGEMENT
CONSULTING AND SUPPORT SERVICES
This Amendment No. 1 to Agreement for Professional Services ("Amendment No 1") is
entered into as of July 1, 2020 by and between the City of Lake Elsinore, a municipal corporation
("City") and Soto Media, LLC. ("Consultant").
RECITALS
A. The City and Consultant have entered into that certain Agreement for Consultant Services
dated April 29, 2019 (the "Original Agreement"). Except as otherwise defined herein, all
capitalized terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
B. The Original Agreement provided for performance by Consultant of certain services for
Implementation Services and Support for EnerGov/GIS Integration; EnerGov Data migration;
EnerGov Permit Inspection Workflows; EnerGov Workorder Module; Optimize GIS Data
Maintenance; Document Standard Operating Procedures; Develop GIS Web based Applications;
EnerGov and GIS Ad Hoc requests; and Develop a GIS Strategic plan to improve GIS Adoption
and ROI.
C. The Parties now desire to extend the term of the Original Agreement for a period of four
(4) months, effective as of July 1, 2020 and ending on October 31, 2020 and to provide for
compensation to Consultant for services provided under this Amendment No. 1 in an amount not
to exceed $30,400.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 2c, Term, of the Original Agreement is hereby amended and restated in its entirety
to read as follows.
The term of this Agreement shall commence upon execution of this Agreement and shall
continue through October 31, 2020, unless earlier terminated as provided herein.
Consultant shall complete the services within the Term of this Agreement and shall meet
any other established schedules and deadlines.
2. Section 3, Compensation, of the Original Agreement is hereby amended to add the
following:
Consultant’s compensation for the period commencing July 1, 2020 through October 31,
2020 shall not exceed thirty thousand four hundred and no cents ($30,400.00).
3. Except for the changes specifically set forth herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
2
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the
respective dates set forth below.
“CITY” “CONSULTANT”
CITY OF LAKE ELSINORE, Soto Media, LLC
a municipal corporation
_____________________________ ________________________________
Grant Yates, City Manager Toby Soto, Owner
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney
________________________________
Risk Manager
Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Soto Media LLC
EnerGov Consulting
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of April 29, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Soto Media LLC, a corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Implementation Services and Support for EnerGov/GIS Integration; EnerGov Data migration;
EnerGov Permit Inspection Workflows; EnerGov Workorder Module; Optimize GIS Data
Maintenance; Document Standard Operating Procedures; Develop GIS Web based Applications;
EnerGov and GIS Ad Hoc requests; and Develop a GIS Strategic plan to improve GIS Adoption
and ROI.
B. Consultant has submitted to City a proposal, dated March 5, 2019, attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall the Consultant exceed 20 hours per week,
without additional written authorization from the City. Notwithstanding any provision of
Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be
reimbursed at cost without an inflator or administrative charge. Payment by City under this
Agreement shall not be deemed a waiver of defects, even if such defects were known to the City
at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor’s bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Reserved.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
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actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City’s use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
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agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
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this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14. Licenses. Consultant represents and warrants to City that it has the 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
Consultant 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. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
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officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Soto Media, LLC
Attn: Toby Soto, Owner
605 Lakewood Drive
Riverside CA 92506
Entire Agreement. This Agreement constitutes the complete and exclusive statement
of Agreement between the City and Consultant. All prior written and oral
communications, including correspondence, drafts, memoranda, and
representations, are superseded in total by this Agreement.
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18. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
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into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor, has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
28. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
29. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Signatures on next page]
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Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
Deputy City Clerk
Jason Simpson
Assistant City Manager
CONSULTANT”
Soto Media LLC
By: Toby Soto
Its: Owner
Attachments: Exhibit A – Consultant’s Proposal
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EXHIBIT A
CONSULTANT’S PROPOSAL
ATTACHED]
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Soto Media LLC
605 Lakewood Dr
Riverside, CA 92506
951) 334 - 5532
SotoMediaLLC@gmail.com
GIS and ERP Support Service
Overview
City of Lake Elsinore has traditionally retained a lean workforce and been very conservative in its
purchasing policy. This has lead to the underutilization of the previous Business Systems such
as Sungard HTE and Desktop GIS by limiting the valuable benefits including staff efficiencies,
data quality, service levels, customer service and community engagement.
The City has embarked on a new EnerGov Enterprise Resource Project (ERP) system and
committed to raise the GIS capabilities to match. Existing ERP Project staff are multitasking
with Operations and Maintenance and limited on dedicated time to complete the ERP
implementation and GIS integration. Without staff commitment and additional expertise in GIS
and Land Management, end user adoption will continue to decline and workarounds generated
to accomplish simple tasks undermining the ERP benefits. The ability to take advantage of GIS
Innovation opportunities to raise City Service levels to improve data quality, community
engagement, and location based decision making will cease to materialize.
Dedicated onsite and remote ERP and GIS support services from Soto Media LLC can finish the
ERP GIS Integration, Support staff ERP requests, and Support staff GIS requests giving the City
the dedicated staff feel without the Full Time Employee (FTE) costs. Soto Media LLC provides
IT/GIS support services to small/mid size Local Governments with the value-added Enterprise
style strategies for immediate results.
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Project Summary
ERP implementations are a tedious and time consuming project. Coupled with the Enterprise
GIS needs to help support the EnerGov implementation, City staff are quickly getting
overwhelmed, the project never finishes, and the EnerGov isn’t fully configured to its promised
potential. End user staff are frustrated with EnerGov and finding workarounds to perform their
tasks, thus circumventing EnerGov Workflows and designed efficiencies.
GIS is foundational to EnerGov for its Parcel Identification, Location, Ownership, and Geometry
information. The City no longer has GIS staff and has reallocated some of the GIS duties to IT
staff and consultants. GIS is also an Enterprise Business System that lacks expertise to vision,
strategize, and execute on the information needs of the City and the citizens of Lake Elsinore.
Deliverables
Implementation Services and Support to configure EnerGov/GIS Integration
Implementation Services and Support for EnerGov Data Migration
Implementation Services and Support for EnerGov Permit/Inspection Workflows
Implementation Services and Support for EnerGov Work Order Module
GIS Support to Optimize GIS Data Maintenance
GIS Support to Document Standard Operating Procedures
GIS Support to Develop GIS Web Based Applications for Staff and Citizens
Perform EnerGov and GIS Ad Hoc Requests
GIS Support to Develop a GIS Strategic Plan to Improve GIS Adoption and Return On
Investment (ROI).
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3
Accountabilities
Soto Media LLC provides expertise that matches the City of Lake Elsinore’s priorities for growth
and innovation, and carries out the activities described above within the agreed-upon time
frame.
City of Lake Elsinore
Assigns a leader within the organization to work with Soto Media LLC
Provides access to senior management as needed
Provides access to documents, statements, and computer systems as needed
Works collaboratively in a series of weekly meetings to move projects forward
Project Fees
Our fees are based on the time required and will be billed at the fixed rate of $95.00 per hour for
the contract period of one year from the date of the contract. Travel time for onsite visits or
project related meetings are billed at $45.00 per hour.
We are sensitive to the financial challenges facing Cities and want to minimize fees to the
extent possible within the scope of the project. Remote login and access to City Computer
Systems will be used whenever possible.
Soto Media LLC provides 10% discount on Pre-Paid Support:
Description Rate Price
Per Hour Support 95.00 95.00
40 Pre-Paid Support Hours 85.00 3,400.00
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4
Company Background
Soto Media LLC is a GIS Services and Consulting company established in 2018. Focusing on
meeting today’s locational based needs for Local Government and Utilities.
Many Public Sector organizations are expected to
do more with less. This makes a difficult situation
to maintain GIS operations and be innovative at the
same time. GIS Services provided by Soto Media
LLC helps each client regain confidence to maintain
control of GIS operations and have a strategic
partner in the development of the Enterprise GIS.
What sets Soto Media LLC apart is the ability to
apply analysis for workflow automation and
efficiency to each project from the lens of a local
government GIS Manager. Soto Media LLC strives
to elevate and educate each client with best
practices and solutions unique to each client’s
problem.
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5
GIS Services
Project Management
GIS Strategy Development
GIS Data Maintenance
GIS Implementation/Integration
GIS Portal Development
GIS Web App/Story Map
Data Migration/Automation
Open Data Distribution
Workflow Analysis
Local Government Philanthropy
Qualifications
27 Years In Public Sector IT/GIS
Worked for the County of Riverside Transportation Land Management Agency (TLMA), City
of Anaheim, City of Lake Elsinore, and the City of Riverside in various GIS and IT positions
such as Technician, Analyst, Developer, IT Supervisor, and GIS Manager. Various IT/GIS
projects performed for Information Technology, Community Development, Economic
Development, Planning, Engineering, Transportation, Building, Public Works, Street
Maintenance, Code Enforcement, Water, Electric, Sewer, Wastewater, Water Resources,
Animal Control, Fire, and Police.
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6
IT and GIS Management Experience
12 Years combined management experience in leading IT and GIS projects including
multiple Enterprise Business System installations and integrations. Every project and every
client is unique with requirements, circumstances, and expectations requiring flexible
approaches.
High Profile Projects
ArcGIS Online Parcel Data Update Routine - City of Rancho Mirage
Restaurants Web App - City of Diamond Bar
GIS Open Data Policy and Portal Implementation - City of Riverside
ArcGIS Portal Installation - City of Riverside
Geocortex Essentials Installation - City of Riverside
ArcGIS Online Implementation - City of Riverside
GIS Integration with Computronix Permit System - City of Riverside
ArcGIS Survey123 Homeless Point in Time Count - City of Riverside
Project ViewFinder - Centralized CIP Database and Web Map - City of Anaheim
ArcGIS Geodatabase Water Model Development and Implementation - City of
Anaheim
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7
Publications/Appearances
GIS Personal Branding Tips to gain Competitive Advantages - URISA Texas Virtual
Speaking Series November 2018
Episode 4: Creating Inclusive GIS Services at the City of Riverside, California - Speaking
of GIS Podcast February 2018
Establishing the Relevance of GIS in Your Organization - Esri ArcNews Winter 2017
GIS Leadership and Management Blog Posts - GISSuccess.com
GIS Leadership and Management Video Posts - GISSuccessTV YouTube
Monthly GIS Peer Success Webinars - GISSuccess.com
Contact Information
Toby Soto
SotoMediaLLC@gmail.com
Cell: 951-334-5532
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Interinsurance Exchange of the Automobile Club
Automobile Insurance Policy Coverages and Limits0RenewalDeclarations
We are pleased to offer you a renewal for your automobile insurance policy. To renew, your policy, send at least the minimum payment on orbeforetheduedate. Insurance is in effect only Far the vehicles, coverages, and limits of liability shown on this declarations page and as setforthintheinsurancepolicyandendorsements. These declarations, together w6h the contract and the endorsements in effect, complete yourpolicy. If any change to your policy or to the information we have on file results in a premium decrease during the policy period, theInterinsuranceExchangereservestherighttoapplyanyrefundduetoyouroutstandingbalance.
SOTO, DANIELLE AND SOTO, TOBIAN
605 LAKEWOOD DR
RIVERSIDE CA 92506-6516
POLICY EFFECTIVE DATE:
POLICY EXPIRATION DATE:
04-17-19 1201 A.M.
04-17-20 12:01 A.M.
COVERAGES AND LIMITS ANNUAL PREMIUMS
Coverage is not in effect unless a premium or the amid "included" is shown.
COVERAGES LIMITS OF LIABILITY Vehicle 1 Vehicle 2 Vehicle Vehicle Vehicle
Liability
Bodily Injury $100,00 each perso) $300,000 each occurrence $ 277 $ 316
P—r-Hv Damaee $100.000 each occurrence $ 236 $ 305
Medical Payments $5,000 each person $28 $31
Physical Damage cash -1- -1- mneme-ssma e aadamiemi
Vend. 1 Vehicle 2 Vehicle VaNde Vehicle
VEHICLE GARAGE ANNUAL-- 1- SALVAGEVEHIDENTIFICATION
YEAR MAKE MODEL NUMBER USE ZIP CODE MILES MILEAGE
Less Deductible) $500
NO.
1 2007 FORD EXPEDITION EDDIE 1FMFU17517LA74120 PLEASURE 025W 7,501-10,000 NO NO
2 2000 FORD EXPLORER EDDIE 1 FMZU64P1YZB08319 COMMUTE 92506 501-1,500 NO NO
COVERAGES AND LIMITS ANNUAL PREMIUMS
Coverage is not in effect unless a premium or the amid "included" is shown.
COVERAGES LIMITS OF LIABILITY Vehicle 1 Vehicle 2 Vehicle Vehicle Vehicle
Liability
Bodily Injury $100,00 each perso) $300,000 each occurrence $ 277 $ 316
P—r-Hv Damaee $100.000 each occurrence $ 236 $ 305
Medical Payments $5,000 each person $28 $31
Physical Damage cash -1- -1- mneme-ssma e aadamiemi
Vend. 1 Vehicle 2 Vehicle VaNde Vehicle
Comprehensive ACV No Coverage 71 No Coverage';
Lass Deductible)$500 No Coverage
Collision ACV No Coverage 316 No Coverage!
Less Deductible) $500 No Coverage
Car Rental Expense
Per Day) No Cmerage No Coverage No Coverage: No Coverage;
Uninsured Motorist
Bodily Injury- $100,000 each persorl $300,000 each accident 102 121
Uninsured 8 Underinsured Vehicles
Uninsured Deductible Waiver No Coverage;No Coverage;
uninsured Collision No Coverage No Coverage'
rs.,l o.e..ah.m 1031 773
PREMIUM DISCOUNTS "
No Coverage" indicates coverage not purchased.
Please refer to the enclosed document entitled "Premium Discounts Applied to Your Automobile Policy.' Total Annual Premium' $1804
If at any time you choose to pay less than the full balance outstanding, (
Includes all applicable discoems.)
finance charges of up to 1.5% per month of the balance outstanding will apply Less Policyholder Savings Dividend $ 105
as explained in your billing statements, which are part of these declarations. I Net Premium' 1 $ 1699
To see the annual mileage for your expiring policy, please refer to the
Notice of Annual Mileage" page contained in your renewal ackagas
Wilimi PROCESS DATE 0347-19 PLEASE ATTACH TO YOUR POLICY (SEE REVERSE)
11wores
Interinsurance Exchange of the Automobile Club
Automobile Insurance Policy Coverages and Limits
Renewal Declarations (continued)
AUTO POLICY NUMBER. CAA 097438582
POLICY EFFECTIVE DATE: 0117-2019DRIVERS (Coveragemayonerforeacb diver Pleases -- each section o/mepakyconvact/w Me tlalr'nIIion ol'Pe'sons Insured"J
DRIVERNUMBER NAME GENDER I MARITAL STATUS YEAR FIRST
1 SOTO, DANIELI
2 SOTO, TOBIAN
3 SOTO, DYLAN MALE MARRIED 1987
MALE SINGLE 2017
DRNER NUMBEROF
NUMBERR NUMBER OF TRAFFIC CONVICIgNE DRNER STATUS RATEDEHICLEV
ATFIPAILy
NULT ACCIDENTS MINOR SERIOUS I MA OR I SEVERE SUSPENSIONS NUMBER
ENDORSEMENTS AND CERTIFICATES
NUMBER I TITLE
2367 AMENDATORYENDORSEMENT
PRIMARYPRIMARY
ADDITIONAL
SPECIAL EQUIPMENT•' SOUND EQUIPMENT"
THER
777
Coverage is indicated by a "YES" in the appropriate equipment
column. Coverage limitations apply unless coverage was
purchased specifically far certain equipment.
ANY PHYSICAL DAMAGE LOSS MAY BE MADE PAYABLE TO YOU AND ANY INTEREST LISTED BELOW:
PERSON DESIGNATED TO RECEIVE NONPAYMENT OF PREMIUM NOTICES:
An mandarual designOW by a polkyhOlde' b —a" norlce Of lapse, temunation,
expiration, nonrenewal, or cancsiotion of the polky for nonpayment of premium
aes nor have any right, whetirer as an RCOMONU MOUR AOr o.N'erw/se, N anybenefitsundo' Me pOlky olhe•Man Me right 0 receive notice.
LMAolU]B
Click AAA.com/m account to access your policy information online, aEMMKIOWESomeisYpay your bill or
print additional proof of insurance cards
WLTR005
THE HARTFORD
BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 May 8, 2019
City of Lake Elsinore
130 S MAIN ST
LAKE ELSINORE CA 92530-4109
Account Information:
Policy Holder Details :SOTO MEDIA LLC
Contact Us
Business Service Center
Business Hours: Monday - Friday
7AM - 7PM Central Standard Time)
Phone:(866) 467-8730
Fax:(888) 443-6112
Email:agency.services@thehartford.com
Website:https://business.thehartford.com
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any
questions or concerns.
Sincerely,
Your Hartford Service Team
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
05/08/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATIONIS WAIVED,
subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does
not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
BB&T INS SVCS OF CA INC/ORANGE CO
72185703
2400 E KATELLA AVE SUITE 1100
ANAHEIM CA 92806
CONTACT NAME:
PHONE
A/C, No, Ext):
866) 467-8730 FAX
A/C, No):
888) 443-6112
E-MAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A :The Sentinel Insurance Company 11000
INSURED
SOTO MEDIA LLC
605 LAKEWOOD DR
RIVERSIDE CA 92506-6516
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE ADDL
INSR
SUBR
WVD
POLICY NUMBER POLICY EFF
MM/DD/YYYY)
POLICY EXP
MM/DD/Y YYY)
LIMITS
A
COMMERCIAL GENERAL LIABILITY
72 SBM BB6914 07/23/2018 07/23/2019
EACH OCCURRENCE $1,000,000
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)$
1,000,000
X General Liability MED EXP (Any one person)$10,000
PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000
POLICY PRO-
JECT X LOC PRODUCTS - COMP/OP AGG $2,000,000
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY (Per person)
ALL OWNED
AUTOS
SCHEDULED
AUTOS
BODILY INJURY (Per accident)
HIRED
AUTOS
NON-OWNED
AUTOS
PROPERTY DAMAGE
Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-
MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A
PER
STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
A DATA BREACH - BUS INC & EX
EXP
72 SBM BB6914 07/23/2018 07/23/2019
10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Those usual to the Insured's Operations.
CERTIFICATE HOLDER CANCELLATION
City of Lake Elsinore
130 S MAIN ST
LAKE ELSINORE CA 92530-4109
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD