HomeMy WebLinkAboutHdL Coren and Cone Inc; 2016-09-28;AGREEMENT FOR WEB-BASED PROPERTY TAX SOFTWARE DATA
Hdl COREN & CONE, INC.
THIS AGREEMENT is made and entered into as of the eX~ day of
~ ~~ , 20 l Lo, by and between the CITY OF CARLSBAD, a municipal
co;oatiOfllfCity"), and Hdl Coren & Cone Inc., a corporation ("HdLCC") for professional
services and software.
RECITALS
City requires the Property Tax data from HdLCC that is experienced in, and will provide a
web-based property tax software application, offering monthly updates, and unlimited property
tax data downloads. The data will be joined to The City of Carlsbad's GIS parcel layer. Hdl has
the necessary experience in providing these web-based services.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and HdLCC agree as follows:
1. SCOPE OF WORK
City retains HdLCC to provide web-based Property Tax data pursuant to the quote attached to
Exhibit "A", attached and incorporated by this reference in accordance with the terms and
conditions set forth in this Agreement.
2. TERM
This Agreement will be effective on an annualized basis so long as the City renews its subscription
with HdLCC and subject to the section 9 Termination paragraph.
3. COMPENSATION
The total fee payable for the web-based Property Tax Software shall not exceed seven thousand
three hundred dollars ($7,300.00). No other compensation will be allowed except for items
covered by subsequent amendments to this Agreement.
4. STATUS OF HDL
HdLCC will perform the Services as an independent HdLCC and in pursuit of HdLCC's
independent calling, and not as an employee of City. HdLCC will be under the control of City only
as to the results to be accomplished.
5. INDEMNIFICATION
HdLCC agrees to indemnify and hold harmless the City and its officers, officials, employees and
volunteers from and against all claims, damages, losses and expenses including attorney's fees
arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the HdLCC, any subHdLCC, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version 4/1/15
6. INSURANCE
HdLCC will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII";
OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers
(LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, in an amount of not less than one million dollars ($1 ,000,000) each,
unless otherwise authorized and approved by the Risk Manager or the City Manager. Hdl will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made
coverage. The insurance will be in force during the life of this Agreement and will not be canceled
without thirty (30) days prior written notice to the City by certified mail. City will be named as an
additional insured on General Liability which shall provide primary coverage to the City. The full
limits available to the named insured shall also be available and applicable to the City as an
additional insured. HdLCC will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Upon City's request HdLCC shall file a Conflict of Interest Statement with the City Clerk in
accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Hdl
shall report investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
HdLCC will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City may terminate this Agreement at any time upon 30-days written notice to HdLCC.
10. CLAIMS AND LAWSUITS
By signing this Agreement, HdLCC agrees it may be subject to civil penalties for the filing of false
claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.,
and Carlsbad Municipal Code Sections 3.32.025, et seq. HdLCC further acknowledges that
debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement.
11. JURISDICTIONS AND VENUE
HdLCC agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
HdLCC may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and HdLCC. Any amendment will be
in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
City Attorney Approved Version 4/1/15
2
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Hdl
each represent and warrant that they have the legal power, right and actual authority to bind Hdl
to the terms and conditions of this Agreement.
Hdl Coren & Cone
By: ~'~ (s1gn here)
PAUl-A .:r CoAi6 / p 126S! J)~Vr
(print flaflle/title)
(sign here)
~~ viMt,... f. CoM i )eyrWt'1c-
(print name/t le)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Director
ATTEST:
~~tfb -BARBARA ENGLESON .
City Clerk
If required by City, proper notarial acknowledgment of execution by HdLCC must be attached. !f
a corporation, Agreement must be signed by one corporate officer from each of the following two
groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIAA. BRE
By: __ ____::-:;;t:::J~:::::===::::::_ ___ _
<;.[,
City Attorney Approved Version 4/1/15
3
EXHIBIT "A"
Web-Based Property Tax Software
Web-Based Property Tax Software Application providing unlimited data downloads:
HdLCC will provide a web-based property tax software application to the City of Carlsbad as a
user-friendly web-based tool to access the City's property tax data. The property tax data will
be joined to the GIS parcel layer, and integrated into the EnerGov application, for use citywide.
Departments that will access the property tax data include, but not limited to: Community and
Economic Development, Public Works, Parks & Recreation, City Manager's Office, Emergency
Operations, Fire Department, Police, and GIS. This will also be integrated into the City's web-
portal and made available for public access.
The property tax data provided will consist of those parcels within the incorporated limits of the
City of Carlsbad.
HdLCC shall provide updates to the tax data portion of the product on monthly basis to reflect all
changes to the data. Examples of changes may include; ownership, deed recordings, and
common characteristics of the property.
The City of Carlsbad will have access to the latest version of the software at no additional cost.
For fees as described below, access will be provided to up to 20 users (additional users at
$100/year per seat). HdLCC shall provide access to the web-based Property Tax Software
Application for a fixed annual fee of $7,300 (invoiced quarterly).
City Attorney Approved Version 4/1/15
4