Legislation Details

File #: HIST-11380    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 5/11/2009 Final action: 5/11/2009
Title: Approval of an Amendment to an Existing Agreement with Cynrede, Inc to Digitize Finance Department Documents in an Amount not-to-exceed $25,000 (for a Total Contract Amount Not-to-Exceed $35,000).
Attachments: 1. Approval of an Amendment to an Existing Agreement - C-5__09-05-11_CFO_Scanning - FINAL.doc, 2. Approval of an Amendment to an Existing Agreement - Cynrede, Inc..pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council approve an amendment to the existing agreement with Cynrede Inc. to digitize Finance Department documents in the amount of $25,000 (for a total not-to-exceed contract of $35,000). BACKGROUND: Document Management is a system which provides a complete solution for the electronic capture, storage, and retrieval of documents. The Finance Department maintains numerous types of financial documents; some are unique to the Department and others are common across the organization. These documents are maintained and stored in various formats. Most of the Department’s historical documents and files are in paper format and are stored in filing cabinets or boxes. A significant number of documents have also been converted to microfiche for long- term storage. Additionally, many existing electronic documents have various storage locations from personal computers (local disk drives) to multiple network locations and storage media (e.g., CD’s or diskettes). These electronic documents are not organized or stored in a manner that facilitates easy retrieval. Regardless of the document format, when retrieval is required there is often a manual search initiated to locate the document. A significant amount of staff time is spent searching for documents. More importantly, in many instances it is necessary for staff to have historical, institutional knowledge as to whether a document on a particular subject might exist, and where it might be located. As staff inevitably “turns over”, there is always a potential risk of lost institutional knowledge. The mission of the enterprise document management project is to implement and maintain a solution that supports document sharing, Meeting Date: 05/11/09 Item Number: C-5 AGENDA ITEM: Approval of an Amendment to an Existing Agreement with Cynrede, Inc to Digitize Finance Department Documents in an Amount not-to- exceed $25,000 (for a Total Contract Amount Not-to-Exceed $35,000). Contact Person/Dept.: Jeff Muir, Finance Phone Number: (310)253-5865 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [] Attachments: [X] Public Notification: Master E-Mail Notification List (05/06/09); Cynrede Inc (05/06/09) Department Approval: Jeff Muir (04/29/09) City Attorney Approval: Carol Schwab (by H. Baker) (05/04/09) Chief Financial Officer Approval: Jeff Muir (04/29/09) City Manager Approval: City of Culver City, California City Council Agenda Item Report collaboration, storage, and retrieval of documents throughout the organization, and to provide staff and the public with software tools that will facilitate the accessibility of information stored in a central document repository. On September 27, 2004, City Council authorized the purchase of SIRE Document Management Software. The SIRE software includes a document storage and retrieval module. A variety of documents have been digitized and uploaded into this system and are now available for easy retrieval by staff, and in some cases the public. The SIRE software is the standard platform for City-wide document management. On August 21, 2006, after a competitive bidding process, the Redevelopment Agency awarded an agreement to Cynrede Inc for historical document digitizing. Under this agreement, Cynrede has provided services to scan and index Agency documents, and provided them to the IT Department in a format that could be directly uploaded into the SIRE system. Subsequently, the Human Resources Department entered into an administratively approved agreement with Cynrede to provide the same services for certain historical files of the City. DISCUSSION: The Finance Department started a pilot project to have accounts payable documents from 2007/08 scanned and indexed into the SIRE system. This has proven to be an invaluable tool in performing research and providing documentation to auditors and City staff. Cynrede is able to provide these services in a much more economical and efficient manner than staff based on their technology, equipment and production capacity. Additionally, there are no staff resources to perform this service on an on- going basis. Staff is proposing to have Cynrede perform a historical conversion of the 2008/09 accounts payable documents, and then continue on a monthly basis going forward. Staff is also recommending digitization of all journal entries from the Accounting Division, as well as on a monthly basis going forward. After completion of these projects, the Finance will begin analyzing other opportunities for digitization such as business tax files, sanitation customer files and payroll files. FISCAL ANALYSIS: Authorization to amend the existing City agreement with Cynrede would result in an expenditure that would not exceed $25,000. Sufficient funding has been allocated in account 10114300.619700 - Micrographics. City of Culver City, California City Council Agenda Item Report ATTACHMENTS: 1. Agreement with Cynrede Inc MOTION: That the City Council: 1) Authorize amending the existing agreement with Cynrede to digitize historical Finance Department documents per the rates listed in the vendor’s proposal on a pay by deliverable basis for an additional amount not to exceed $25,000 (total contract not-to-exceed amount of $35,000);and, 2) Authorize the City Attorney to review/prepare the necessary documents; and 3) Authorize the City Manager to execute such documents on behalf of the City. MEETING DATE: 05/11/09 AGENDA ITEM: Approval of an Amendment to an Existing Agreement with Cynrede, Inc to Digitize Finance Department Documents in an Amount not-to-exceed $25,000 (for a Total Contract Amount Not-to-Exceed $35,000) ATTACHMENTS Pages 1. Agreement 2008-171 with Cynreded Inc 1-14• Contract Na. 2008-171 CITY OF CULVER CITY STANDARD FORM CONTRACT WITH: CYNREDE INC FOR: DIGITIZING HISTORICAL DOCUMENTS THIS AGREEMENT is made and entered into by and between THE CITY OF CULVER CITY, a municipal corporation, hereinafter referred to as "City," and CYNREDE INC, a California corporation, hereinafter referred to as "Contractor? CONTRACTOR'S SERVICES_ Contractor agrees to perform, during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Service" attached to and incorporated into this Agreement as Exhibit "A: 2. TERM OF AGREEMENT. The term of this Agreement shall be from the effective date pursuant to Paragraph 27 of this Agreement and shall end upon satisfactory completion of the work, as reasonably determined by City's Chief Information Officer. 3. PAYMENT FOR SERVICES. City shall pay for the services performed by Contractor pursuant to the terms of this Agreement the compensation set forth in the -Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "II" The compensation shall be paid at the time and manner set ferth in said Exhibit "B." 4. TIME FOR PERFORMANCE_ Contractor shall not perform any work under this Agreement until (a) Contractor furnishes proof of insurance as required under Paragraph 7 of this Agreement; and, (b) City gives Contractor a written and signed Notice to Proceed, 5. DESIGNATED REPRESENTATIVE(S). Kevin FitzGerald, President, shall be the designated Contractor Representative, and shaft be responsible for job performance, negotiations, contractual matters, and coordination with the City. Contractor Representative shall actually perform, or provide immediate supervision of Contractors performance of, the Scope of Service. 6. HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole expense, with legal counsel approved by City) and hold harmless the City of Culver City, members of its City Council. its boards and commissions, officers, agents, and employees (hereinafter, "Indemnitees"), from and against all loss, damage, cost, expense, liability, claims, demands, suits, attorneys' fees and judgments arising from or in any manner connected to Contractor's Page 1or its employees or agent's wrongful or negligent acts, errors or omissions related to this Agreement. This indemnification includes, but is not limited to, tort liability to a third person for bodily injury and property damage. Contractor agrees that this obligation to indemnify, defend and hold harmless extends to liability and/or claims arising from Indemnitees' active or passive negligence_ Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify an Indemnitee from any claim arising from the sole negligence or willful misconduct of that Indemnitee_ The duty to defend referenced herein is wholly independent from the duty to indemnify, arises upon written notice by City to Contractor of a claim within the potential scope of this indemnification provision, and exists regardless of any determination of the ultimate liability of Contractor, City or any Indemnitee. 7. INSURANCE. Without limiting its obligations pursuant to Section 6 of this Agreement, the Contractor shall procure and maintain, at Contractor's own cost and expense and for the duration of this Agreement, insurance coverage as set forth in Insurance Requirements" attached to and incorporated into this Agreement as Exhibit "C.° 8. INDEPENDENT CONTRACTOR STATUS. City and Contractor agree that Contractor, in performing the services herein specified, shall act as an independent Contractor and shall have control of all work and the manner in which it is performed. Contractor shall be free to coniact for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus, worker's compensation •or similar benefits City provides for its employees_ Contractor shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties therefor which may become due as a result of services performed hereunder. 9. NON-APPROPRIATION OF FUNDS. Payment due and payable to Contractor for current services is within the current budget and within an available, unexhausted and unencumbered appropriation of City. in the event City has not appropriated sufficient funds for payment of Contractor services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year. 10. ASSIGNMENT_ This Agreement is for the specific services with Contractor as set forth herein. Any attempt by Contractor to assign the berrefrts or burdens of this Agreement without written approval of City shall be prohibited and shall be null and void: except that Contractor may assign payments due under this Agreement to a financial institution. Page 211. RECORDS AND INSPECTIONS. Contractor shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities_ Contractor shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 12. OWNERSHIP OF CONTRACTOR'S WORK PRODUCT. City shall be the owner of any and all computations, plans, correspondence and/or other pertinent data, information, documents and computer media, including disks and other materials gathered or prepared by Contractor in performance of this Agreement, or at any earlier or later time when the same may be requested by City. Such work product shall be transmitted to City within ten (10) days after a written request therefor. Contractor may retain copies of such products. AU written documents shall be provided to City in digital and in hard copy form. 13. NOTICES_ All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows: To City: City of Culver City Attention: John Richo, Chief Information Officer 9770 Culver Boulevard Culver City, CA 90232-0507 \ (kV ! --A To Contractor: Cynrede, Inc -k d Attention: Kevin FitzGerals, President 4633E.Grangeweed_Aventie__22982 La Cadt9ia Drive Suite 220 -OrangeT GA-92-868 Laguna Hills, CA 92653 14. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide City with a complete Request for Taxpayer Identification Number ("TIN") and Cei tification, Form W-9, as issued by the Internal Revenue Service. 15. PERMITS AND LICENSES_ Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement including, but not limited to, a Culver City business tax certificate. 16. APPLICABLE LAWS, CODES AND REGULATIONS. Contractor shall perform all work in accordance with all applicable laws, codes and regulations required by all authorities having jurisdiction over such work.Contractor agrees to comply with prevailing wage requirements as specified in the California Labor Code, Sections 1770, et seq. 17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY. For work performed, Contractor agrees to seek bids for supplies and materials from businesses located within the City of Culver City, with the intent to make purchases from these businesses if such purchases can be made at competitive prices. 18_ RIGHT TO UTILILE OTHERS. City reserves the right to utilize others to perform work similar to the services provided hereunder. 19. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties hereto. 20. WAIVER. If at any time one party shall waive any term, provision or condition of this Agreement either before or after any breach thereof, no party shall thereafter be deemed to have consented to any future failure of full performance hereunder. 21. COVENANTS AND CONDITIONS_ Each term and each provision of this Agreement to be performed by Contractor shall be construed to be both a covenant and a condition. 77_ RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty-days' (30-days') written notice. 23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 22 of this Agreement, City shall be liable to Contractor only for work satisfactorily performed by Contractor up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Contractor need be compensated only to the extent required by law. Contractor shall be entitled to payment for work satisfactorily completed to date, based on a proration of the monthly fees set forth in Exhibit 1314 attached hereto. Such payment will be subject to City's receipt of a close-out billing. 24. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. If litigation arises out of this Agreement, then venue shall be in the Superior Court of Los Angeles County. 25. LITIGATION FEES. If litigation arises out of this Agreement for the performance thereof, then the court shall award costs and expenses, including attorney's fees, to the prevailing party. in awarding aliumey's fees, the court shall not be bound by any court fee schedule but shall Page 4November 10, 2008 Dated: Dated: a/la Page 5 award the full amount of costs, expenses and attorney's fees paid or incurred in good faith. 26. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between City and Contractor regarding the subject matter hereof, and all preliminary negotiations and agreements are deemed a part of this Agreement No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns_ 27. EFFECTIVE DA I E. The effective date of this Agreement is the date it is signed on behalf of City, and shall remain in full force and effect until amended or terminated; provided, that the indemnification and hold harmless provisions shall survive the termination_ Dated: By Its CITY F CULVER C TY CALIFORNIA (Signatures continued on Page 6)John Rich° Chief Financial Officer (Signatures continued from Page 5) APPROVED AS TO CONTENT: APPROVED AS TO FORM: APPROVED AS TO FINANCING: APPROVED AS TO BUSINESS TAX CERTIFICATE: 0 6, 48.3G Page 6• Contract No_ 2008-171 EXHIBIT A CITY OF CULVER CIIY AGREEMENT WITH: CYNREDE INC - FOR: DIGITIZING HISTORICAL DOCUMENTS SCOPE OF SERVICE The following services shall be provided by Contractor: 1 Contractor shall provide pick-up of the documents from City within 3 days of being notified and return the documents to City at a rate of 10 boxes per week. 2. Contractor shall scan all available documents to a resolution as determined by City. 3. Contractor will index all scanned images to content and format based upon the type of document and specified by City 4. Contractor will return those scanned images and indexes of all documents to City on a labeled CD-ROM or DVD-ROM. EX1-1113IT A PAGE 1 or 1"-- Coil ctct No. 2008-171 EXHIBIT B CITY OF CULVER CITY AGREEMENT WITH: CrsIREDE INC FOR: DiGITIZING HISTORICAL DOCUMENTS SCHEDULE OF COMPENSATION (TIME AND MATERIALS BASIS) A. ME I HOD OF PAYMENT_ Payment for all work performed by Contractor pursuant to the terms of this Agreement, including Contractor's meeting with City staff, shall be made on the basis of the rates set forth in Contractor's Proposal Pricing, which is attached hereto, and incorporated herein by reference as though fully set forth. B. BILLING. At the end of each calendar month in which services are performed or expenses are incurred under this Agreement, and prior to the 10th day of the following month, Contractor shall submit an invoice to the City at the following address: City of Culver City Attn: John Richo, Chief information officer 9770 Culver Boulevard Culver City, CA 90232-0507 The invoice submitted pursuant to this paragraph shall show the City Agreement Number, the dates on which the services were performed, a description of the services performed, and such other information as City may reasonably require. C. TIME OF PAYMENT. Payment to Contractor shall be made within thirty (30) days after submittal of Contractor's invoice and approval by City, in accordance with City's normal demand procedure. a MAXIMUM COMPENSATION. Notwithstanding the foregoing, Contractor shall complete all the mark and tasks described in Exhibit A for a total amount of compensation that does not exceed Ten Thousand Dollars ($10,000.00). Da-11BIT B PAuE -1 OF 1Pickup or Derive:1y S011ta iii aot purge documents ihc City 5g marks eath page. c unmet be. herelrevonalile for- ay lecords. &mid the Iowa* the files, thee the cast UbeZ 950-for onstte work and 1730 for fu-buntau work. 1.I7313 Per Bout $0.01 • Pea-Page StanFeil S17.50 Per Roar Document Ptit Document Preparation 13ates StECUping Document Reasserany ' $0,0'12 Per Page $0.052 $0.052 $0_052 Per Page Per Page Per Page carazing Source Documents- - B.4za White- jari Off r* it coot vernine $0J59 Per Page Scumming, &mare Dom:rams -*& White-- 4.# OPT pagzer are kola:fed &mai* eadi sortulej 1f2x 11 $0_062 g 1/2 x 14 S0.062 11 x 14 S0.062 lx •17 so_oe ffe.arird g arce flocialtert& -COLOR- - 200 DPI • •>• edrpzifr zucksczuvzer) Per Page 8 112 x 14 , $0.0152 I Per P•- re lix I er Page 11x17 ESO:k62 Per Page- £5 are Per Pw Pet Page Per Pa= Per Page Exhibit Al - PROPOSAL PRICING Please ckh aall pricing -kr 4:u faowin Cy•nretle CorifidertUPer Page Per Pzge- Per =MIME 1•11111111111111111111 =U.= -Dsize $0_90 • Per Sheet Per Sheet 1 ='er Sheet Per Sheet $ J.5O $130 $i_SO 11111111111111E C D tze J.siZHe (per ,anie) Sccurning Engiarz Ows-sized Doetzmeets- COLOR — AW DPI C size • •••—• • Requesifor Pr-pc:sal starical Doalienetrt ?Fled Desuipam Scazin- Source Documents - Des er t .13 (All pages are to tee karrEged ihrottg* eack scanner) Sti2x11 x14 11 x14 ix3 7 Unit - S0.062 $0.13Q SO.#362 S0.062 $0.062 PerPag 4 Ss, -Ale DPI D size E size V_40 Per Sheer I size (per ref i,---rce.) max_ width 43' $190 Per Sheet Cynrede Confider:ValDr 12TZINC- 200 DPI Sccerear Omsk. a Docaozaras-COLOR- :MAW D size ?bIJJ. er m • • COM Film - Per hDae tregate et knOge Per Per card - whichever Per card - whieirever is greatin- Per The Per rad - whichever is 105nim Micit.- 4 .e (42r. ar 48x) S414i65 Per fang: Aperture Card ( vet) O.9O Per fmage Amen= C (Dam.' $0.90 Per Imag Per Sheer Per Per Szeet Rerprefor Proposal Historical Doczonent Efigiltring Projza Cyrrede ConfidentialADAITIONAL sERviczy 4fawreu i birt‘ Q-e Dthoreerswents Deskew SO. Per Keytoke S005 Pet 11111.:.attr. I fr.!• COlItterSiOri 0 t - 17 ____ i7 /M fiLU•W5 Conversion of fir • kil. - PDPs Page by Pa_ Inspection of Each Scanned Isnatm 1 T./oatmeal c1ill, I Certified Document Destruction 5001 Included .Per c; Suz - Per Single ' Wave' Reihrte 5225 Per Cubic Foot .75 1 Per Cubic foot Per Image a00 59.00 520. 510 Per Disc ,Per Disc Fer Di - Per 5O MB Silver CD- R Disc $0.03 Request filo- _Proposal fraftrical Boarment Diglifrft Prole= 2) Please identify any costs for contin - Etat wvices beyond Phase I of the scope of this Raquast for Proposal_ At This byre, there are no adtational cots identiffed 1 C--.Sies for sena) and software soav.apply. '1- .zer are for City use. Cynrede will prrrvide PDF tarvr Wes_ The City win be responsible far the xerogr aPhY- 'When targets are used tthe buseal4 they au coss are cch-lred by Cruade. Does mit apply to brains= or argt rouratrecords vib=1 initially sEmniect to Mau:Id-pager _Litt- 4 Does net apply vu businers or large format-mewls v.thcri I liysenxued VD PDF Cyruetie Copt-Vasil-al, -1,.•,, .,•• Contract No_ 2008-171 EXHIBIT C CITY OF CULVER CITY AGREEMENT WITH: CYNREDE INC FOR: DIGITIZING HISTORICAL DOCUMENTS INSURANCE REQUIREMENTS A. Policy Requirements. Contractor shall submit duly executed celificates of insurance for the following: 1. An occurrence based Comprehensive General Liability ("CGLw) policy, at least as broad as ISO Form CG 0001, in the minimum amount of One Million Dollars ($1,000,000) each occurrence, with not less than Two Million Dollars {$2,000,000) in annual aggregate coverage. The CGL Policy shall have the following requirements: a. The policy shall provide coverage for personal injury, bodily injury, death, accident and property damage and advertising injury, as those terms are understood in the context of a CGL policy. The coverage shall not be excess or contributing with respect to City's self-insurance or any pooled risk arrangements; b. The policy shall provide $1,000,000 combined single limit coverage for owned, hired and non-owned automobile liability; c. The policy shall include coverage for liability undertaken by contract covering, to the maximum extent permitted by law. Contractors obligation to indemnify the Indemnitees as required under Paragraph 6 of this agreement; d. The Policy shall not exclude coverage for Completed Operations Hazards or Athletic or Sports Participants; and e. The City of Culver City, members of its City Council, its boards and commissions, officers, aqents, and employees will be named as an additional insured in an endorsement to the policy : which shall be provided to the City and approved by the City Attorney. EXHIBIT G Page 1 of 2EXHIBIT C Page 2 of 2 Contract No 2008-171 2. Business Automobile Liability Insurance coverage in the amount of One Million Dollars ($1,000,000), providing coverage for use of mobile equipment (Le. heavy mobile equipment or vehicles primarily for use in an off-road environment), to the extent that (1) such mobile equipment will be used within the City limits or on City business, and (2) coverage for mobile equipment is not otherwise covered by the CGL policy listed in subparagraph (a), above. 3. Professional/Negligent Acts, Errors and Omissions insurance in the minimum amount of One Million Dollars ($1,000,000) per claim, and shall include coverage for separate "personal injury" alleged to have been committed in the course of rendering professional services, unless such coverage is provided by the CGL policy listed in subparagraph (a), above. 4. Workers Compensation limits as required by the Labor Code of the State of California with Employers' Liability limits of One Million Dollars ($1,000,000,00) per accident, if the Agreement will have Contractor employees working within the City limits. B. Waiver by City. City may waive one or more of the coverages listed in Section A, above. This waiver must be express and in writing, and will only be made upon a showing by the Contractor that its operations in and with respect to City are not such as to impose liability within the scope of that particular coverage. C. Additional Insurance Requirements_ 1. All insurance listed in Paragraph A shall be issued by companies licensed to do business in the State of California, with a claims paying ability rating of "BBB" or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:VII or better in the current Best's Insuranee Reports; 2. Contractor shall provide City with at least thirty (30) days prior written notice of any modification, reduction or cancellation of any of the Policies required in Paragraph A, or a minimum of ten (10) days notice for cancellation due to non-payment. 3. City may increase the scope or dollar amount of coverage required under any of the policies described above, or may require different or additional coverages, upon prior written notice Contractor.