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10-104 Agreement, City Data Services, Web Based Data Management CITY OF / AGREEMENT _ " ``- CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 � 7? CUPERTINO • 408- 777 -3200 NO. / BY THIS AGREEMENT, made and entered into this 20 day of October,2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and City Data Services; Address: 1200 E. Hillsdale Blvd., Suite 11A, Foster City, CA 94404 Phone: (650) 533 -5933; e-mail: citvdataservices (Hereinafter referred as CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as follows: CONSULTANT shall provide or furnish the following specified services and /or materials: Manage a web based data management program for the City of Cupertino to manage CDBG subrecipients. The software program allows the creation, display and archiving of the Quarterly Report, Check Request, Request for Reimbursement, Monitoring Checklist and reports, etc. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope of Services TERMS: The services and /or materials furnished under this Agreement shall commence on July 1, 2010 and shall be completed before June 30, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: $3,300 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. A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. 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. Consultant 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. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and al other costs and fees of litigation. Insurance. Should the City require evidence of insurability, Consultant 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 Consultant. 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, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant certifies that nc 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: ENTERED NAME: Vera Gil, Senior Planner DEPARTMENT: Community Development Department L 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. CONSULTANT: CITY OF C E IAA By e By MA Printed Name: Steve Crounse Printed Name: Vera Gil Title Partner Title: Senior Planner Soc. Sec. # or Tax I.D APPROVALS EXPENDITURE DISTRIBUTION DEP TM NT D , DATE ACCOUNT NUMBFR AMOUNT /t `j � • D 265- 7405 -7014 $3,300 I C" ( ( 6/ • Non - Design Professional Agreement /1kr CI)S City Data Services 1200 E. Hillsdale Boulevard Suite 11A Foster City, CA 94404 www.citvdataservices.com citydataservices @yahoo.com Vera Gil - Senior Planner May 21, 2010 City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, CA 95014 Dear Ms. Gil; As per your request, please find following the scope of services and hourly rates for work for the City of Cupertino for FY 2010 -2011: SCOPE OF SERVICES — System Maintenance 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 initial setup 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. The monthly maintenance fee is $275 per month for fiscal year 2010 -2011 beginning July 1, 2010 — June 30, 2011. This fee remains constant regardless of the number of users, trainings, units, programs, projects or reports included in the system. HOURLY RATES Maintenance and ongoing operations of City of Cupertino's CDS database are included in the monthly maintenance fee. Two new reports or forms per year are covered under the maintenance contract without additional charge. Development of new forms, reports or database functions other than CDBG documents will require charges for new software development. In the unlikely event that additional non -CDBG forms are required, the typical charge for developing a new form or report, and integrating it into the database, will be $650 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 as 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 days of submission of invoice. A one percent fee will be incurred for bills that are 30 days past due. Steve Crounse, Principal City Data Services