Loading...
HomeMy WebLinkAbout25-187 Dig-Smart_Amendment #1 dated 10-8-26 for Dig-Smart 811 Integration1 FIRST AMENDMENT TO AGREEMENT 25-187 BETWEEN THE CITY OF CUPERTINO AND DIG- SMART, LLC FOR 811 INTEGRATION This First Amendment to Agreement 25-187 between the City of Cupertino and Dig-Smart, LLC., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Dig-Smart, LLC., a Limited Liability Company, (“Contractor”) whose address is 1845 S Dobson Rd, Ste. 202, Mesa, AZ 85202, and is made with reference to the following: RECITALS: A. On November 7, 2025, Agreement 25-187 (“Agreement”) was entered into by and between City and Contractor for 811 Integration. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. TIME OF PERFORMANCE Paragraph 3.1 of the Agreement is modified to read as follows: This Agreement begins on the Effective Date and ends on November 17, 2029 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or 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. 2. 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 $20,000.00 (“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. Milestone/Deliverable Amount FY25-26 Nov 17, 2025, to Nov 16, 2026 $5,000 FY26-27 Nov 17, 2026, to Nov 16, 2027 $5,000 Sales taxes SB 122 $500 FY27-28 Nov 17, 2027, to Nov 16, 2028 $5,000 Sales taxes SB 122 $500 FY28-29 Nov 17, 2028, to Nov 16, 2029 $5,000 Sales taxes SB 122 $500 Total $21,500 Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date DIG-SMART, LLC By Title Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date EXPENDITURE DISTRIBUTION Item Amount Original Contract $5,000 Amendment No. 1 $16,500 Total $21,500 Michael K Woo Teri Gerhardt CTO 10/08/2026 Lauren Sapudar 10/08/2026 CEO 10/08/2026 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/30/2025 (716) 688-8888 235 (716) 688-9001 27774 Dig-Smart LLC 1845 S Dobson Rd Ste 202 Mesa, AZ 85202 A 1,000,000 X X ESO0140544018 11/26/2025 11/26/2026 250,000 Profl. Claims Made 10,000 retro date 11-26-24 1,000,000 2,000,000 1,000,000 Professional 1,000,000 1,000,000A X X ESO0140544018 11/26/2025 11/26/2026 City of Cupertino, and all other parties are included as Additional Insureds, Waiver of Subrogation under the general liability when required by a written contract. City of Cupertino 10300 Torre Ave Cupertino, CA 95014 DIG-LLC-01 JMUNSCHAUER ASSUREDPARTNERS NORTHEAST LLC 90A John Muir Dr, Suite 100 Amherst, NY 14228 John Munschauer john.munschauer@assuredpartners.com Lloyds Of London X X X X X X X Contractor/Consultant Affidavit of No Employees State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent contractor and the owner of Dig-Smart, LLC . I wish to enter into a services contract with the City of C upertino. I am fully aware of the provisions of section 3700 of the C alifornia Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers’ compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertin o’s contract. I hereby certify that I do not have any employees nor will I have any employe es working for me or my business during the term of any service contract with the City of Cupe rtino. I am not required to have Workers’ Compensation insurance. I declare under penalty of perjury under the laws of the State of C alifornia that the foregoing is true and correct. Executed on this 28 day of September, 2026, at 1845 S Dobson Rd, Ste 202 Mesa, AZ 85202 , Jim Schoenberg PRINT NAME ______________________________ SIGNATURE First Amendment to Dig-Smart 811 Integration Final Audit Report 2026-10-08 Created:2026-10-08 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAAHz1Rtg63XEvsyXVF5UlNK-ptQCRuGzq "First Amendment to Dig-Smart 811 Integration" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-10-08 - 0:48:03 AM GMT- IP address: 35.229.54.2 Document emailed to marilynp@cupertino.org for approval 2026-10-08 - 0:50:22 AM GMT Email viewed by marilynp@cupertino.org 2026-10-08 - 0:50:31 AM GMT- IP address: 3.238.171.34 Signer marilynp@cupertino.org entered name at signing as Marilyn Pavlov 2026-10-08 - 0:51:06 AM GMT- IP address: 69.209.31.163 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval Date: 2026-10-08 - 0:51:08 AM GMT - Time Source: server- IP address: 69.209.31.163 Document emailed to aracelia@cupertino.org for approval 2026-10-08 - 0:51:10 AM GMT Email viewed by aracelia@cupertino.org 2026-10-08 - 0:51:18 AM GMT- IP address: 3.87.238.119 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-10-08 - 4:55:04 PM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-10-08 - 4:55:06 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to michaelw@cupertino.org for signature 2026-10-08 - 4:55:08 PM GMT Email viewed by michaelw@cupertino.org 2026-10-08 - 4:55:19 PM GMT- IP address: 44.200.107.101 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-10-08 - 7:29:15 PM GMT- IP address: 69.181.158.199 Document e-signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-10-08 - 7:29:17 PM GMT - Time Source: server- IP address: 69.181.158.199 - Signature Appearance Selected: TYPE Document emailed to terig@cupertino.org for signature 2026-10-08 - 7:29:19 PM GMT Email viewed by terig@cupertino.org 2026-10-08 - 7:29:25 PM GMT- IP address: 54.152.249.254 Signer terig@cupertino.org entered name at signing as Teri Gerhardt 2026-10-08 - 7:31:11 PM GMT- IP address: 64.165.34.3 Document e-signed by Teri Gerhardt (terig@cupertino.org) Signature Date: 2026-10-08 - 7:31:13 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Document emailed to laurens@cupertino.org for signature 2026-10-08 - 7:31:15 PM GMT Email viewed by laurens@cupertino.org 2026-10-08 - 7:31:28 PM GMT- IP address: 54.161.58.232 Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-10-08 - 7:58:32 PM GMT- IP address: 69.149.42.28 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-10-08 - 7:58:34 PM GMT - Time Source: server- IP address: 69.149.42.28 - Signature Appearance Selected: TYPE Document emailed to Jim Schoenberg (jschoenberg@dig-smart.com) for signature 2026-10-08 - 7:58:36 PM GMT Email viewed by Jim Schoenberg (jschoenberg@dig-smart.com) 2026-10-08 - 8:31:07 PM GMT- IP address: 72.208.27.160 Document e-signed by Jim Schoenberg (jschoenberg@dig-smart.com) Signature Date: 2026-10-08 - 8:32:37 PM GMT - Time Source: server- IP address: 72.208.27.160 - Signature Appearance Selected: IMAGE Agreement completed. 2026-10-08 - 8:32:37 PM GMT