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22-124 OmniData a Corporation for Dataverse
Dataverse Page 1 of 9 Professional/Consulting Contracts /Version: October 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and OmniData (“Contractor”), a Corporation for Dataverse, and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on August 31, 2023 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by August 31, 2023. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $46,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending Dataverse Page 2 of 9 Professional/Consulting Contracts /Version: October 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisi tion relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, p ersonal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confiden tial information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contracto r and use it only to perform this Agreement. Dataverse Page 3 of 9 Professional/Consulting Contracts /Version: October 2021 Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Dataverse Page 4 of 9 Professional/Consulting Contracts /Version: October 2021 Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees , agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in Dataverse Page 5 of 9 Professional/Consulting Contracts /Version: October 2021 the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. Dataverse Page 6 of 9 Professional/Consulting Contracts /Version: October 2021 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Teri Gerhardt as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Douglas Textor as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of Dataverse Page 7 of 9 Professional/Consulting Contracts /Version: October 2021 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of ever y kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Dataverse Page 8 of 9 Professional/Consulting Contracts /Version: October 2021 Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Teri Gerhardt Email: terig@Cupertino.org To Contractor: OmniData 2060D East Avenida de Los Arboles, Ste. 711 Thousand Oaks, CA 91362 Attention: Douglas Textor Email: dtextor@OmniData.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single bindi ng instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date Douglas P. Textor Douglas P. Textor CEO Aug 23, 2022 Teri Gerhardt GIS Manager Aug 23, 2022 Dataverse Page 9 of 9 Professional/Consulting Contracts /Version: October 2021 APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Christopher D. Jensen Aug 25, 2022 v1.01 Statement of Work for Cupertino Dataverse Enterprise Data Warehouse – Analysis Phase Presented to: City of Cupertino 7/11/2022 OmniData Point of Contact: City of Cupertino Point of contact: Dan Erasmus Teri Gerhardt 3120 139th Avenue SE Bellevue, WA (425) 375 5956 (408) 777-3311 derasmus@omnidata.com TeriG@cupertino.org EXHIBIT A, B, & C Page 2 of 12 OmniData This Statement of Work (“SOW”) is entered into and is effective as of signature (the “SOW Effective Date”), by and between OmniData Insights (“OmniData”) and City of Cupertino, (“Customer”). This Statement of Work is entered into pursuant to the Master Services Agreement between OmniData and Customer dated <<<date>>> (the “Agreement”). Capitalized terms not defined in this Statement of Work are as defined in the Agreement. 1.Statement of Need The City of Cupertino has made substantial investments in modernizing the citywide systems and IT infrastructure and have enhanced and replaced several older systems in recent years. These improvements have dramatically improved the city’s ability to serve its citizens better, lead and address innovation challenges and foster citywide collaboration. The successful digital transformation process has also introduced new challenges. With multiple disparate systems, the process of reporting across siloed data sources can be extremely cumbersome and technically challenging. Coupled to the difficulties that multiple disparate systems bring, is the challenge of data governance. Data governance bring with it challenges like Master Data Management (MDM) and Data Quality Management (DQM), but at its core, data governance relates to the effective and efficient usage of information. Typical data governance challenges include data integrity, data lineage, data cataloging and data security. To address these new challenges, it is recommended that the City of Cupertino implement an enterprise data warehouse strategy, coupled with a robust data governance process and toolset. OmniData is a highly regarded Microsoft partner with deep specialization in the data and analytics, Azure data management and cloud modernization fields. With veteran specialists in solution architecture, data engineering and business intelligence, our team thrives on partnering with organizations to solve unique data challenges. We help clients conceptualize and formulate solutions to complex data problems. OmniData can help to both design and build your data strategy, data architecture and enterprise data warehouse while helping you to define the data governance frameworks and successfully implement the needed Microsoft tools to drive data governance. Page 3 of 12 OmniData 2.Solution Approach A project of this nature requires multiple complex workstreams to work together and in unison to achieve a shared outcome. These workstreams will require, at various stages, the input of subject matter experts (SME’s) from the City of Cupertino. This knowledge gained from the input, coupled with the design and engineering experience from OmniData will be used to drive a successful solution approach and project. On a high-level, the solution overall solution approach is split into 2 phases. The first phase (Discover and Design) is focused on building a deep understanding of the City of Cupertino’s needs, and from there, working with the team on defining and designing a technical architecture, the logical data model structure, data warehouse and data governance architecture. The second phase (Build and Deploy) is focused on building the technical solution, according to the designed architecture, upskilling the City of Cupertino team and delivering the completed solution. For the purposes of this SoW, Phase 2 (Build and Deploy) is out of scope. As part of the Discover and Design phase of the project, the following key tasks will be undertaken. The below provides a high-level overview of some of the actions and outcomes of the different stages: 1.Technical Architecture Review: In this stage, the OmniData team will work with the City of Cupertino team to build a detailed understanding of the current system and technical environment. The purpose of this stage of the project is to understand exactly which systems will be focused on, what types of data are available in these systems and how data will be extracted from these systems. Secondarily, this phase will also build an understanding of the existing Azure environment. The knowledge gained from this understanding will play a key role in design of the future solution architecture. Outcome: Upon completion of this stage of the project, a high-level extraction architecture will be shared with the City of Cupertino team. This will include each of the systems and the 1. Discover and Design 2. Build and Deploy Page 4 of 12 OmniData recommended methods for data extraction. In addition, this document will also serve as the defined list of systems that will be focused on. 2.Architecture Taskforce: As part of this stage of the project, an Architecture Taskforce (consisting of senior level data and solutions specialists from both City of Cupertino and OmniData) will be established. The purpose of the taskforce is to align technology leaders from City of Cupertino and to drive buy-in on the future state architecture. This will allow all voices to be heard and will eliminate the typical one-size-fits-all architecture approach does not take into consideration existing skills and knowledge of the client. Several possible end-to-end architecture scenarios will be discussed and considered, based on the technical needs. In addition to the technical architecture, the data governance principals that need to be adhered to as part of the technical solution will also be defined. These principals will drive a critical part of architecture. Outcome: The outcome of this stage is an agreed upon solution architecture that will be able to serve the immediate needs of the City of Cupertino while matching the current technical skills and that can provide a flexible and scalable environment for future growth and technology expansion. 3.Detailed Requirements Gathering: In this stage, OmniData will work with the City of Cupertino team to build a detailed understanding of the actual user requirements and document these requirements. The requirements gathering process will cover each of the systems identified in the Technical Architecture Review stage and will include both a system analysis (of the identified systems) and the gathering of user specific requirements for each of the systems. The requirements gathering sessions will be done through a series of 3 requirements gathering workshops for each system and working sessions with the technical/data team for each system. Broad requirements will be identified in these sessions, documented and used to drive the identification of the needed database tables and API inputs. In addition, the details, of both the systems and the user requirements, gathered from this process, will be used as input in the source-to-target mapping, data architecture, logical solution design, BUS Matrix, transformation mapping and documented user requirements. Page 5 of 12 OmniData These are all essential pieced of collateral that provide critical input in the Build and Deploy phase of the project. Another critical component of this stage of the project will be the specific identification of Master Data and Data Quality components that will drive towards the overall data governance requirements for the City of Cupertino. As mentioned, the technical solution architecture, defined and agreed on by the Architecture Taskforce must align and be able to provide the needed components to drive the Data Governance requirements. Outcome: As an outcome of this stage of the project, the user requirements will be documented and each of the source systems will be analyzed. Based on the understanding of the requirements and the source systems analysis, a source to target mapping, BUS Matrix, transformation mapping and logical solution design will be created. 3.Deliverables As an outcome of the project, we will produce the following pieces of collateral: Identification and documentation of all source systems in the Source System Register Definition and Agreement of Data Governance principles Definition of a set of high-level Reporting Models (BUS Matrix) Master Data Definition, Design and Agreement (based on Data Governance principles and source systems identified) Data Quality Definition, Design and Agreement (based on Data Governance principles) Technical Solution Architecture Definition, Design and Agreement (driven through the Architecture Taskforce) o The Technical Solution Architecture must cater for tools to drive both the data governance and data warehouse, including the Master Data Management and Data Quality Management aspects. Logical Data Model Architecture Definition, Design and Agreement Source System to Target Reporting Model Mapping and Agreement High-level data transformation Definition, Design and Agreement (based on the Source System to Target Reporting Model Mapping) Page 6 of 12 OmniData 4.Project Timeline Phase Resources Duration Technical Architecture Review Solution Architect 0.5 weeks Architecture Taskforce Solution Architect 0.3 weeks Detailed Requirements Gathering & Documentation Solution Architect 3 weeks Technical Architecture Review 0.5 Week Architecture Taskforce 0.3 Weeks Detailed Requirements Gathering & Documentation 3 Week Page 7 of 12 OmniData 2.Project Delivery From signed SOW we will schedule the project kickoff within 15 working days. Project Kickoff (30 Minutes) The project is started with the Project Kickoff meeting, attending will be the OmniData Delivery Team, Project Sponsor, IT Resource (Security, data access, application install), Key Stakeholders. Stand-up meetings (15-min 3 x per week) Starting after the project kickoff we will have 2 weekly stand-up meetings to cover the following: Identify blocking issues. Status on current tasks Test management Delivery of finished tasks Key Project Stakeholders Teri Gerhardt – TeriG@cupertino.org – Project Owner Page 8 of 12 OmniData 3.Project Costing Row Labels Total Hours - Low Total Hours - High 1. Cupertino EDW - Discover & Design 144 184 1. Technical Environment Review 22 28 2. Architecture Taskforce 14 18 3. Requirements Gathering and System Analysis 65 83 4. Requirements Documentation 29 37 7. Project Management 14 18 Grand Total 144 184 Blended Project Rate $250 $250 Estimated Project Budget $36,000 $46,000 Page 9 of 12 OmniData 4.Change Management Process The project deliverables as indicated in this document constitutes the full and final list of output for the project. Should the scope of this project change or should the client require a change or amendment to this output the change should go through a change request management process and will be billed outside and in addition to this project cost. Should a change be requested to the original approach, deliverables or services included in the scope of the document the following change request process will be followed. Page 10 of 12 OmniData 5.Assumptions & Risks The following assumptions were used to generate the estimates in this proposal. Any material changes in these assumptions could affect the successful delivery of the project and may necessitate the re-evaluation of the estimates and quote contained herein. People and Roles Committed executive sponsorship and open communication between Customer personnel and OmniData consultants. Customer personnel critical to the project’s success are available to meet with OmniData as necessary. Customer personnel that will need to be available during the project to fulfill the following roles: o Project Liaison. This person will ensure that the project is moving forward as expected and that Customer resources needed to meet the deliverables are available and to advise of resource changes, time off etc. o Subject Matter Experts (SME). These are experts in either the technical aspects of the data storage/structures/layouts, system access, hardware set up and/or the business rules to apply to the data to achieve the desired information deliverables. o Database Administrator (DBA) for all databases to be used during the project. This person will have a detailed knowledge of the database structure and application requirements and will be available initially to create users to grant access to data. o System Administrator / Network Administrator for all PCs, servers or network considerations for the project. This person may be required to assist with any platform or Operating System issues encountered during the project, including security. o Stakeholders as well as other personal relevant to testing, review and sign off on project deliverables. Logistics Firewall settings must allow for access from servers and data sources to working environments if applicable. Security role information must be provided in advance by the customer, i.e. what roles and permissions must be assigned at a user or group level. In needed, installation of software can typically be performed remotely. If this is not possible OmniData will schedule onsite visits and expense costs will be incurred by OmniData and charged to Customer. Customer shall provide OmniData consultants with reasonable office space and communication facilities through the course of this project, including internet access for consultant’s laptops and telephone access in work area. Customer shall provide OmniData consultants with required desktop and network access rights necessary to meet the requirements of this project. This includes ability to access the Internet for retrieving additional technical information and ability to access the OmniData corporate network. Customer shall provide necessary resources to enable OmniData consultants to work offsite whenever reasonable, at Customer’s sole and absolute discretion. This may include VPN, RDP, etc. and remote access to the Customer’s infrastructure. Page 11 of 12 OmniData Flexibility in work hours to permit reasonable travel scenarios is appreciated. This may result in 9- or 10-hour days onsite and offsite work depending on a mutually agreed upon solution. Environments will be fully tested for access, support, and functionality by the Customer. All environmental system components consistent with production deployment will be made available in non-production environments. Any testing which will require resolution based on environmental issues will be the responsibility of the Customer. Testing with applicable browsers and any VPN and network configurations will be the responsibility of the Customer. Data and Requirements Customer shall provide the necessary system access, data mapping, reports and applications as required for the engagement. The Customer has all applicable licensing and connectors required (e.g. SAP Connector, Salesforce Connector, etc.) and the connectors are already set up and configured for data connectivity and extraction from source target systems (e.g. SAP R/3 or SAP B/W) and the Customer has knowledgeable, available technical resources who have familiarity with the Customer’s environment, configuration, and connectors. It is assumed that the data is of a reasonable high quality in terms of referential integrity, internal consistency, cross-referencing and completeness. If this is not the case, and it is expected that OmniData consultants shall help in cleanup and adjustments of the data as part of the project, it can and most probably shall inflate the estimated project hours. Source data will be validated and verified prior to providing to development team. OmniData is not responsible for the backing up and/or safekeeping of Customer data or program files in the Customer’s environment. Data will be stored on customer systems and backup will be handled by customer backup processes. OmniData makes no warranties or indemnities in this regard. It is assumed that all documentation regarding global alignment of data and calculation methods for primary measures will be provided by the Customer. The Customer is responsible for final data validation and end user training, unless otherwise explicitly stated in this SOW. Unique user issues will be the responsibility of the Customer. Best effort will be made to meet delivery dates specified. Inability to meet deadline will not be a default of this agreement. Delivered applications are subject to software limitations and may not appear and function identically to mockups and designs. Requests for customizations shall be scoped and estimates provided by OmniData via the project Change Control process. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/08/2022 05/08/2023 05/08/2022 05/08/2023 EACH CLAIM $2,000,000 ANNUAL AGGREGATE $2,000,000 DEDUCTIBLE EA CLAIM $0 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Technology Professional Package. L-712 02/11 Blanket Additional Insured Endorsement is part of this policy. PRODUCER: TAPCO-KL (5576) PO BOX 286 BURLINGTON, NC 27216 AGENT IS BURTON HARRIS PPP1555695LIABILITYA TECHNOLOGY PROFESSIONAL INCLUDED 2,000,000 1,000,000 10,000PPP1555695 300,000 1,000,0004 4 4 4 A 25895UNITED STATES LIABILITY INSURANCE burt.bhinsurance@gmail.com 818-222-9177818-222-9866 OMNIDATA INSIGHTS, INC 2158 BROOKFIELD DR THOUSAND OAKS CA 91362 Burton A. Harris Insurance Agency, Inc. 4766 Park Granada Suite 104 Calabasas CA 91302 8/12/2022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/31/202305/31/2022 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 COMMERCIAL UMBRELLA PRODUCER: TAPCO-KL (5576) PO BOX 286 BURLINGTON, NC 27216 AGENT IS BURTON HARRIS 2,000,000CUP1561261C 2,000,000444 A 25895United States Liability Insurance Company burt.bhinsurance@gmail.com 818-222-9177818-222-9866 OMNIDATA INSIGHTS, INC 2158 BROOKFIELD DR THOUSAND OAKS CA 91362 Burton A. Harris Insurance Agency, Inc. 4766 Park Granada Suite 104 Calabasas CA 91302 8/12/2022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION © 1993-2015 ACORD CORPORATION. All rights reserved.ACORD 27 (2016/03) The ACORD name and logo are registered marks of ACORD 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 EVIDENCE OF PROPERTY INSURANCE 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. PROPERTY INFORMATION LOCATION/DESCRIPTION COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE PHONE(A/C, No, Ext): (A/C, No):FAX E-MAILADDRESS: AGENCY THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. CUSTOMER ID #:AGENCY SUB CODE:CODE: INSURED LOAN NUMBER POLICY NUMBER TERMINATED IF CHECKED CONTINUED UNTILEXPIRATION DATEEFFECTIVE DATE THIS REPLACES PRIOR EVIDENCE DATED: COMPANY DATE (MM/DD/YYYY)EVIDENCE OF PROPERTY INSURANCE REMARKS (Including Special Conditions) MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ADDITIONAL INTEREST NAME AND ADDRESS AUTHORIZED REPRESENTATIVE LOAN # PERILS INSURED BASIC BROAD SPECIAL LENDER'S LOSS PAYABLE4 PPP1555695 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 PRODUCER: TAPCO-KL (5576) PO BOX 286 BURLINGTON, NC 27216 AGENT IS BURTON HARRIS $500 $0 $500 $25,000 $50,000 See Value Plus Endorsement Business Personal Property/Special/80%/RC Business Income with Extra Expense/Special/Maximum Period of Indemnity Value Plus Endorsement/Special/100% 2158 Brookfield Drive, Thousand Oaks, CA 91362 - Technology Professional Package 05/08/202305/08/2022 UNITED STATES LIABILITY INSURANCE COMPANY 1190 DEVON PARK DR. WAYNE, PA 19087-2191 OMNIDATA INSIGHTS, INC 2158 BROOKFIELD DR THOUSAND OAKS CA 91362 burt.bhinsurance@gmail.com818-222-9177 Burton A. Harris Insurance Agency, Inc. 4766 Park Granada Suite 104 Calabasas CA 91302 818-222-9866 8/12/2022 ZNO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/08/2022 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endors ement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AON RISK SERVICES SOUTH INC 3550 LENOX ROAD NORTHEAST SUITE 1700 ATLANTA GA 30326 CONTACT NAME: Aon Risk Services, Inc of Florida PHONE (A/C, No, Ext): 833-506-1544 FAX (A/C, No): EMAIL ADDRESS: work.comp@trinet.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : ACE American Insurance Company 22667 INSURED TriNet Group, Inc. L/C/F OmniData Insights 1 Park Place, Suite 600 Dublin, CA 94568-7983 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 15585002 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA MED 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/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION $ A WORKERS COMPENSATION Y / N N AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X WLR_C71352420 07/01/2022 07/01/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation coverage is limited to worksite employees of OmniData Insights through a co-employment agreement with TriNet HR III, Inc.. Waiver of subrogation in favor of City of Cupertino, and ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTS, VOLUNTEERS as respects of job performed by OmniData Insights as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Cupertino Office of the City Manager 10300 Torre Ave., Cupertino, CA 95014 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 Workers' Compensation and Employers' Liability Policy Named Insured TriNet Group, Inc. L/C/F OmniData Insights 1 Park Place, Suite 600 Dublin, CA 94568-7983 Endorsement Number Policy Number Symbol: WLR Number: C71352420 Policy Period 07/01/2022 TO 07/01/2023 Effective Date of Endorsement 08/12/2022 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( X ) Specific Waiver Name of person or organization: City of Cupertino, and ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTS, VOLUNTEERS Office of the City Manager 10300 Torre Ave., Cupertino, CA 95014 ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: ___________________________________ Authorized Representative WC 90 03 75 (05/18) Professional Services Agreement with OmniData Final Audit Report 2022-08-25 Created:2022-08-23 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAH8p1P_H-iqagN01aLeiVfn_Y9-0RdOts "Professional Services Agreement with OmniData" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-08-23 - 9:25:48 PM GMT- IP address: 35.229.54.2 Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval 2022-08-23 - 9:54:47 PM GMT Email viewed by Marilyn Pavlov (marilynp@cupertino.org) 2022-08-23 - 9:56:18 PM GMT- IP address: 64.165.34.3 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval Date: 2022-08-23 - 9:57:33 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-08-23 - 9:57:34 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-08-23 - 10:07:59 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to dtextor@omnidata.com for signature 2022-08-23 - 10:08:01 PM GMT Email viewed by dtextor@omnidata.com 2022-08-23 - 11:18:14 PM GMT- IP address: 172.226.184.16 Signer dtextor@omnidata.com entered name at signing as Douglas P. Textor 2022-08-24 - 0:15:43 AM GMT- IP address: 76.91.143.70 Document e-signed by Douglas P. Textor (dtextor@omnidata.com) Signature Date: 2022-08-24 - 0:15:44 AM GMT - Time Source: server- IP address: 76.91.143.70 Document emailed to christopherj@cupertino.org for signature 2022-08-24 - 0:15:46 AM GMT Email viewed by christopherj@cupertino.org 2022-08-24 - 0:18:06 AM GMT- IP address: 104.47.73.254 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-08-24 - 0:18:30 AM GMT- IP address: 136.24.42.212 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-08-24 - 0:18:32 AM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Teri Gerhardt (terig@cupertino.org) for signature 2022-08-24 - 0:18:34 AM GMT Email viewed by Teri Gerhardt (terig@cupertino.org) 2022-08-24 - 0:27:21 AM GMT- IP address: 104.47.74.126 Document e-signed by Teri Gerhardt (terig@cupertino.org) Signature Date: 2022-08-24 - 0:27:41 AM GMT - Time Source: server- IP address: 73.231.141.55 Document emailed to Lauren Sapudar (laurens@cupertino.org) for signature 2022-08-24 - 0:27:43 AM GMT Email viewed by Lauren Sapudar (laurens@cupertino.org) 2022-08-24 - 0:40:54 AM GMT- IP address: 104.28.124.101 City of Cupertino (webmaster@cupertino.org) added Kirsten Squarcia (kirstens@cupertino.org) as an alternate for Lauren Sapudar (laurens@cupertino.org) 2022-08-25 - 0:37:16 AM GMT- IP address: 69.181.110.140 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-08-25 - 0:37:17 AM GMT Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-08-25 - 3:42:02 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2022-08-25 - 3:42:02 PM GMT