13-158 City Data Services, Consultant Service to Provide Web-Based Data Management Services for City of Cupertino Housing Services and Projects OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE: www.cuperlino.org
CUPERTINO
October 16, 2013
City Data Services
403 Alvarado Street
Brisbane, CA 94005
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the
Community Development Department at (408) 777-3308.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
Enclosure
cc: Planning
CITY OF
AGREFJWENT
CITY OF CL[PERT1N0
10300 Torn!Avenue
Cupertino, CA 95014 /�j�'�
C U P E RT I N O 2,made A 408-777•-3200 NO. 40
THIS AGREEM and entered into this 180,day of September,2013 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and CitX Data Services, 403 Alvarado Street, Brisbane, CA 94005,
Hereinafter"CONTRACTOR"),in consideration of their mutual covenants,the parties agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide web-
based data management services for the City of Cupertino Housing services and projects.
Check box if services are further described in an Exhibit. a
EXHIBITS: The following attached exhibits hereby arc!made part of this Agreement: Exhibit A.
TERM: The services and/or materials furnished under this Agreement commenced on July 1-ql,2013 and
shall be completed.no later than June 30,2014.
COMPENSATION: For the full performance of this Agreement,CITY shall pay CONTRACTOR:Three
Hundred Twenty Five Dollars($325)per month for twelve months,for a total of not to exceed$3900.00.
California Labor Code,Section 1771 requires the paym+_nt of prevailing wages to all workers employed on a
Public Works contract in excess of$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all liability,
claims, stop notices, actions, causes of action or demands whatsoever from and against any of them,
including any injury to or death of any person or damaLge to property or other liability of any nature,arising
out of, pertaining to, or related to the performances of this Agreement by Contractor or Contractor's
employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or
willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable
attorneys' fees of counsel of City's choice,expert fees and all other costs and fees of litigation.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute
another,assign or transfer any rights or obligations under this Agreement. Unless prior written consent
from City is obtained, only those people whose names are listed this Agreement shall be used in the
performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement,without prior written consent of CITY.
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Agreement-City Data Services,Data Management for CDG Housing Services
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' ComRensation:
Statutory coverage as required by the State of California.
(2) Liabili :
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate-all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least$1,000,000.
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to
its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or City with respect to the
services of Contractor herein, a waiver of any right to subrogation which any such insurer of said
Contractor may acquire against City by virtue of the payment of any loss under such insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause
with a seven(7)-day notice.The Contractor may terminate this Agreement with or without cause with a
seven(7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in
the sense that the relationship of master and servant exists between City and undersigned. At all times,
Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the
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Agreement-City Data Services,Data Management for CDG Housing Services
City to any contracts or other obligations in executing ithis Agreement. Contractor certifies that no one who
has or will have any financial .interest under this Agreement is an officer or employee of City. City shall
have no right of control as to the manner Contractor performs the services to be performed. Nevertheless,
City may,at any time,observe the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal,State,and local laws and ordinances including,but
not limited to,unemployment insurance benefits,FICA,laws, and the City business license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the City. i
CONTRACT CO-ORDINATOR and representative for CITY shall be:
J
NAME: U AA A V,(N sT DEPARTMENT: C--WAVW-41,1�(U�f'
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have
executed this Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
BY BY
Titl Title: 4
APPROVALS )DWENDITURE DISTRIBUTION
DEPARTMENT HEAD I ACCOUNT NUMBER AMOUNT
DATE I 265-7405-8 ✓J 6 �, $3900.00
CITY ATTO YAP RG��JZOfORM
DATE
CITY CLERK: ATTEST
DATE
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Agreement—City Data Services,Data Management for CDL►Housing Services
CDS City Data Services
1624 Newbddge Avenue,San Mateo,CA 94401 Exhibit A
www.citydataservices.com
citydataserviceE;@yahoo.com
Julie-Kinst September 1,2013
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
Dear Ms. Kinst,
City Data Services'provides web-based data managemenNervices. Please find the scope of services and hourly
rates for work for the City of Cupertino for Public Services programs and projects:
SCOPE OF SERVICES- System fAahftnance
Under the scope of the maintenance contract,CDS will provide:
• Ability to store,display,and summarize individual program administration information;
• Ability to store,display,and summarize individual program contract information;
• Ability to enter,store,display,and summarize compliance information;
• Maintain all database and report elements created under the development contract,
• Maintain data backups and download to the City of Cupertino on a determined schedule;
• Modify database as needed to add or remove fields, or improve presentation of data;
• Modify existing reports as needed to meet City of Cupertino's requirements;
• Provide customer service to City of Cupertino and their clients throughout the contract;
• Promptly respond to request for assistance,training,or database repair
• Housing management assistance.
The monthly maintenance fee is three hundred twenty five dollars($325)per month for public services
and housing programs and projects commencing the first of July 2013 for the term of the agreement_
This fee remains constant regardless of the number of user.;,trainings,units,programs,projects or
reports included in the system.
HOURLY RATE
Maintenance and ongoing operations of City of Cupertino's CDS database are included in the monthly maintenance
fee. New reports or forms are covered under the maintenance contract without additional charge. Development
of new forms, reports or database functions other than Public Service documents will require charges for new
software development. In the unlikely event that additionali non-Public Service forms are required,the typical charge
for developing a new form or report, and integrating it into the database, will be $600 per page, with discounts for
larger documents.
The CDS System Maintenance program is designed to cover all costs of standard development and routine
maintenance, updates, and changes, and periodic new reports as covered in the above paragraphs. In the event
that development is required that was outside the scope ar proposed, such work would be billed either by an hourly
rate of$150.00/hr,or by the job as determined by Staff.
Invoices are billed quarterly and require payment within 30 clays of submission of invoice. A one percent fee will be
incurred for bills that are 30 days past due.
� r
Steve Crounse,Principal
City Data Services