11-096 Agreement, City Data Services, Web Based Data Management Program AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 / � J
CUPERTINO 408- 777 -3200 NO. , �7
BY THIS AGREEMENT, made and entered into this 27 day of September, 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and City Data Services ; Address: 1624 Newbridge Avenue, San
Mateo. CA 94401 ; Phone: (650)533 -5933 ; e -mall: citvdataservites(BZvahoo.com (Hereinafter referred as
CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as follows:
CONSULTANT shall provide or fumish 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 fumished under this Agreement shall commence on July 1. 2011
and shall be completed before June 30. 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: $3,300
Califomia 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 falls 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 Consultants 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 Consultants 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.
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 -0Iscrlminatlon. 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 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 ccnsent of the City. No changes or variations of any kind are authorized without the
written consent of the City. 1/41 ENTERED
CONTRACT CO- ORDINATOR and representative for CITY shall be:
NAME: Vera Gil. Senior Planner DEPARTMENT: Community Development Department
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 • ERTINO:
By — /_ By ' A. __AI
Printed Name: eve Crounse Printed Name: Vera Gil
Title Partner Title: Senior Planner
Soc. Sec. # or Tax I.D 27- 1819670
APPROVALS (EXPENDITURE DISTRIBUTION
DEPARTMENT EA 'i DATE . ACCOUNT NUMBER AMOUNT
\�1l -C 't 7 .7 16 / • 265 -7405 -7014 �/ $3,300
CITY CL �h 4. DAT /2 l �/ ' R l/ �ll
Non-Design Professional Agreement
CDS City Data Services
1624 Newbridge Avenue, San Mateo, CA 94401
www.citydataservices.com
citydataservices4yahoo.com
Vera Gil August 31, 2011
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Gil,
City Data Services' provides web -based data management services. 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 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 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.
The monthly maintenance fee is two hundred seventy five dollars ($275) per month for public services
programs and projects commencing the first of July 2011 for the term of the agreement. This fee remains
constant regardless of the number of users, 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 o r 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 additional 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 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