03-003 Concur, Inc.CCU
CUPEI~TIN V ~~
AGREEMENT
CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 8th
by and between the CITY OF CUPERTINO (Hereinafter referred to ~.s CITY) and
Name (1) CONCUR, Inc . _ (2)
Address 1832 Second St. City Berkeley, CA Zip 94710 Phone (510) 649-8008
(Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Facilitator for Water Resources Protection Collaborative Effort
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A - Sco e of Work
TERMS: The services and/or material~furrnshed under this Agreement shall commence on December 16, 2002
and shall be completed before January 25 . 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $18, 000.00
(Santa Clara VAlley Water Dist. to reimburse ~~ity in the amount of $11,500.00)- see attached
California Labor Code, Section 1771 requires the payment 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 agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be lia a for acts of Contractor in performing services described herein.
due to negligence, errors, and omis;;ions
Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex 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 City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Ralph A. Qualls, Jr.
off.0~3 Noa~s3oz¢~
day of January , 20 ~~,
DEPARTMENT Public Works
This Agreement shall become effective upon its execution by t;,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACT R: ,-I ~~~_ N U~~ C%ITY OF CUPERTINO:
BY ELY
Title '~ Title
Soc. Sec. # ax ID 94-3260023 ~ ~~ ~~
APPROVALS E:XPENDITUR DI TRIBUTION
DEPARTMENT HEAD DATE ACCOUNT AMOUNT
CITY C RK. DATE
~ - a -o
17-rf o,3
White: City Clerk ~ Green: Finance Yellow: Contractor ~v ~ Pink: Receiving Gold: Department
5750 ALMADEN EXPWY
SAN JOSE, CA 951 1 8361 4
TELEPHONE ~408~ 265-2600
FACSIMILE (408) 266-0271
www.scvwd.dst.ca.us
AN EQUAL OPPORTUNITY EMPLOYER
December 19, 2002
Mr. Ralph Qualls
Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Qualls:
Subject: Cost Share Agreement for Facilitator Expense through January 25, 2003, for the Water
Resources Protection Collaborative Effort
This letter serves as an agreement by the Santa Clara Valley Water District to reimburse the City of
Cupertino (City) for an amount not to exceed $11,500 for billings from CONCUR, Inc., for Tasks 2
and 3 of the attached CONCUR Scope of Work for the Water Resources Protection Collaborative
Effort (Collaborative Effort).
Task 2 consists of Scheduling and Conducting Stakeholder Interviews, and Task 3 is Preparing the
Convening Report and Process Recommendations for the January 16, 2003 Collaborative Meeting.
It is understood that the City will be responsible for an amount not to exceed $6,500 for Tasks 1, 4, 5,
and 6. These tasks involve document review, teleconferences, preparation of materials for the
January 16`h meeting, facilitation of that meeting, and preparation of the meeting summary.
Please submit copies of the billings, with the specific tasks, work accomplished, and expenses clearly
indicated, to Mr. Jim Fiedler, Deputy Operating Officer, Watershed Management Division.
We appreciate the initiative taken by the City tc- act as contracting agency for the Collaborative
Effort through January 25, 2003.
If you have any questions, please contact Jim at (408) 265-2607, extension 2736.
Sincerely,
Stanley .Williams
Chief Executive Officer
Attachments
cc: S. Williams, A. Bennetti, J. Fiedler, Accounting, B. Goldie, W. Springer
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County ~y
through the comprehensive management of water resources in a practical, cosReffective and environmentally sensitive manner. ~«~
Proposed CONCUR Level of Effort
Cupertino/SCVWD Stream Ordinance Collaborative Convening
December 16-January 25, 2002
U
z
0
U
Task Descri Lion Personnel Rate Hours ~ Total
1. Additional Review of
Background Documents
Scott McCrear
$178.50
2
$357,00
Jim Lewis $1.47.00 4 $588,00
Subtask Subtotal $945.00
2. Schedule and Conduct
Stakeholder Interviews
Scott McCrear
$178.50
8
$1,428.00
Jim Lewis $1.47.00 48 $7,056.00
Subtask Subtotal $8,484.00
3. Prepare Convening Report
and Process Recommendations
Scott McCrea
$1 78.50
4.89
$872.00
Jim Lewis $1.47.00 12 $1,764.00
Pro'ect Assistan $'5.00 4 $380.00
Subtask Subtota l $3,016.00
4. Conduct Teleconferences with
Convenors and Steering
Scott McCrea
$1~~8.50
4
$714.00
Jim Lewis $1-17.00 4 $588.00
Subtask Subtotal $1,302.00
5. Prepare Agenda and
Materials for January 16th
Scott McCrear
$178.50
4
$714.00
Jim Lewis $117,00 6 $882.00
Subtask Subtotal $1,596,00
6. Convene, Facilitate, and
Prepare Summary of January
Scott McCrear
$178.50
6
$1,071.00
Jim Lewis $117,00 8 $1,176.00
Subtask Subtotal $2,247.00
Subtptai $1 ~',590.Ot~
(Direct
Telecommunications
(Conference Calls, Faxes)
Roundtrip Travel to January 1 bth
Meeting (Berkeley to Cupertino
and Scott's Valley to Cupertino;
Subtotal
$360.00
$41
TOTAL Cost $ 15,000.00
Prepared by CONCUR, Inc. 12/19/2002 Page 1
Proposed CONCUR Level of Effort
Cupertino/SCVWD Stream Ordinance Collaborative Corn~ening
December 16-January 25, 2002
a~l
U
0 ,<
U~ `.~
Task Descri Lion Personnel Rate Hours Total
1. Additional Review of
Background Documents
Scott McCrear
$178.50
2
$357.00
Jim Lewis $147.00 4 $588.00
Subtask Subtotal $945.00
4, Conduct Teleconferences with
Convenors and Steering
Scott McCrea
$178,;50
4
$714,00
Jim Lewis $147.00 4 $588,00
Subtask Subtotal $1,302.00
5. Prepare Agenda and
Materials for January 16th
Scott McCrear
$178..50
4
$714.00
Jim Lewis $147.1)0 6 $882.00
Subtask Subtotal $1,596.00
b, Convene, Facilitate, and
Prepare Summary of January
Scott McCrea
$178.:50
6
$1,071,00
Jim Lewis $147.()0 8 $1,176,00
Subtask Subtotal $2,247.00
Subtotal $6,090.00
Direct Expenses
(Telecommunications
(Conference Calls, Faxes) $360.00
Roundtrip Travel to January 16th
Meeting (Berkeley to Cupertino
and Scott's Valley to Cupertino; $50,00
S~~htnfnl 6w~n nn
TOTAL Cost $6,x,00
AGREEMENT
CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, ~~A 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 5th
by and between the CITY OF CUPERTINO (Hereinafter referred to 2s CITY) and
Name (1) CONCUR, Inc . _ (2)
Address 1832 Second St. City Berl~eley, CA Zip 94710 Phone (510) 649-8008
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Convene and facilitate Collaborative Meetings (S o e of work authorized by City Council on
EXHIBITS: The following attached exhibits hereby are made part of this ~greement: March 3, 2003
Exhibit A-Proposed CONCUR Level of Effort
TERMS: The services and/or materials furnished under this Agreement shall commence on March 3, 2003
and shall be completed before July 30, 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $90, 000.00
(Condition-Reimbursement Agreement with Santa Clara Valley Water District-See attached)
California Labor Code, Section 1771 requires the payment 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 agrees to save and hold harmless the Cily, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be lia a for acts of Contractor in performing services described herein.
due to negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex 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 City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Ralph A. Qualls
NO.
03f3~4
day of March , 2003 ,
DEPARTMENT Public Works
This Agreement shall become effective upon its execution by I;ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF P RTINO:
"1
By ~ ~ E,y
Title t" "1 i~it ~~ ~ ~ /~1.~- - Title Director o ubli W ks
Soc. Sec. # Tax ID 94-3260023
APPROVALS^ / ~^ 3/~ ~~'~~j E:XPENDITURE DISTRIBUTION /'
EDI~~~CCOUNT NUMBER AMOUNT /
Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department
Proposed CONCUR Level of Effort
Cupertino/SCVWD Stream Resource Protection Collaborative
Convening
January 17, 2003-July 30, 2003
Task Description Personnel Rate Hours Total
Task 1: Convene and Facilitate Gollabarative Meetings
1 a. Confer with Steering
Committee and Stakeholders to
Assemble Collaborative
membership
cott McCrea
178.50
1
178.50
Jim Lewis $147.00 8 $1,176.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtotal $1,354.50
1 b. Conduct Planning
Teleconferences with Convenors
and Steering Committee between
Meetings
cott McCrea
178.50
2
2,142.00
Jim Lewis $147.00 12 $1,764.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtotal $3,906.00
1c. Prepare and Distribute Agenda
and Materials for Six Collaborative
Meetings
Scott McCrea
$178.50
24
$4,284.00
Jim Lewis $147.00 36 $5,292.00
Pro'ect Assistant $90.00 6 $540.00
Subtask Subtotal $10,116.00
1d. Convene and Facilitate Six
Collaborative Meetings; Prepare
and Distribute Summary of Six
Collaborative Meetings
cott McCrea
178.50
6
17,136.00
Jim Lewis $147.00 240 $35,280.00
Pro'ect Assistant $90.00 6 $540.00
Subtask Subtotal $52,956.00
1 e. Prepare and Post Web
Summary of Six Collaborative
Meetings
Scott McCrea
$178.50
0
$0.00
Jim Lewis $147.00 0 $0.00
Pro'ectAssistant $90.00 12 $1,080.00
Subtask Subtotal $1,080.00
as u o a 69,412.50
Prepared by CONCUR, Inc. 3/412003 Page 1
Task 2: Convene and Facilitate Work Team Meetings on Selected Topics as Needed
2a. Prepare and Distribute Agenda
and Materials for Work Team
Teleconferences
Scott McCrea
$178.50
12
$2,142.00
Jim Lewis $147.00 18 $2,646.00
Pro'ect Assistant $90.00 2 $180.00
Subtask Subtotal $4,968.00
2b. Conduct Work Team
Teleconferences between
Collaborative Meetings
Scott McCrea
$178.50
6
$1,071.00
Jim Lewis $147.00 12 $1,764.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtotal $2,835.00
2c. Prepare and Distribute
Summaries of Work Team
Teleconferences
Scott McCrea
$178.50
12
$2,142.00
Jim Lewis $147.00 18 $2,646.00
Pro'ect Assistant $90.00 2 $180.00
Subtask Subtotal $4,968.00
as u o a $12,771.00
Task 3: Facilitate, Assemble, and Distribute Single Text Document to Summarize
Collaborative A reement
3a. Facilitate, Assemble, and _
Distribute Single Text Document to
Summarize Collaborative
Agreement Scott McCrea $178.50 8 $1,428.00
Jim Lewis $147.00 24 $3,528.00
Pro'ect Assistant $90.00 2 $180.00
Subtask Subtotal $5,136.00
as u o a $5,136.00
Professional Services Subtotal $87,319.50
Telecommunications (Conference Calls, Faxes) $1,700.00
Copying, Express Mail $480.50'
Roundtrip Travel to Meeting (Berkeley to Cupertino and Scott's
Valley to Cupertino) $500.00
TOTAL $90,000.00
Prepared by CONCUR, Inc. 3/4/2003 Page 2
RESOLUTION N0.03-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGE]? TO NEGOTIATE AND EXECUTE A
REIMBURSEMENT AGREEMENT WI'CH SANTA CLARA VALLEY WATER
DISTRICT IN THE AMOUNT OF $90,C-00 TO FUND THE EFFORTS OF THE
WATERSHED PROTECTION COLLABORATIVE
WHEREAS, on November 4, 2002, t]'Ze City Council adopted Resolution No. 02-
199, requesting that the Santa Clara Valley Water District (SCVWD) defer action on its
proposed Watershed Protection Ordinance; acid
WHEREAS, in response to the requ~:st, the SCVWD Board agreed to establish
and follow a collaborative process in an effort to reach consensus on the roles and
responsibilities of the District and cities within the district; and
WHEREAS, in order to organize and manage the collaborative process, the
District and cities agreed to hire CONCUR, Iiic., a professional facilitation firm; and
WHEREAS, SCVWD has agreed t~~ reimburse the City of Cupertino up to
$90,000 for all costs incurred, provided they City agrees to negotiate and manage the
contract with CONCUR, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the City Manager to negotiate and execute a Reimbursement
Agreement with Santa Clara Valley Water I;~istrict in an amount not to exceed $90,000
on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regul~~r meeting of the City Council of the City of
Cupertino this 3~d day of March 2003, by the following vote:
Vote Members of the City Council
AYES: Chang, James, Kwok, Sandoval, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~PPROVED:
/s/ Kimberly Smith /,~/ Michael Chang
City Clerk
mayor, City of Cupertino
RESOLUTION N0.03-048
A RESOLUTION OF THE CITY COUl`dCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE DIRECTOR OF PLJBLIC WORKS TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH CONCUR, INC. IN AN AMOUNT NOT
TO EXCEED $90,000 FOR THE ADMITIISTRATION OF THE WATERSHED
PROTECTION COLLAI30RATIVE PROCESS
WHEREAS, in response to a request; the Santa Clara Valley Water District has
agreed to establish and follow acollaborative- process in an effort to reach consensus on
the roles and responsibilities of the District and cities within the district regarding its
Watershed Protection Ordinance; and
WHEREAS, in order to organize a:1d manage the collaborative process, the
District and affected cities have agreed to hirf; CONCUR, Inc., a professional facilitation
firm; and
WHEREAS, with City Council approval, the City agrees to negotiate and manage
the contract with CONCUR, Inc. to implement the program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Director of Public Works to negotiate and execute an
agreement with CONCUR, Inc. in an amount not to exceed $90,000 on behalf of the City
of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of March, 2003, by the :Following vote:
Vote Members of the City Council
AYES: Chang, James, Kwok, Sandoval, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
P,PPROVED:
/;c/ Michael Chang
l~layor, City of Cupertino