06-070, Concur, Inc.
AGREEMENT
0'-070
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO.tJ7JZJ FS-::J 7 J>
BY THIS REEMENT, made and entered into this 24 day of Auqust ,2006. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Concur. Inc. (2)
Address 1832 Second Street City Berkelev. 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:
Professional Services to close out the support of the Water Resources Collaborative
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A - SCOPE OF WORK
TERMS: The services and/or materials furnished under this Agreement shall commence on Seotember 1. 2006
and shall be completed before December 31. 2006
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $25,000.00
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 due to negligence, errors and omissions, including all costs of defending any claim, caused
by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing
services described herein.
Insurance. Should the City require evidence of insurability, Contractor 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. ~ ENTERED
CONTRACT CO-ORDINATOR and representative for CITY shall be: ~ U
NAME
Ralph Qualls
DEPARTMENT
Public Works
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:
By ~1(UI-~
Title PM NCA PI!-L C4.J.~ 11"fC. .
Soc. Sec. # c"N(,Vl TA-IIO '
APPROVALS
PA E T
Title
( V\Aa
$25,000.00
Supplemental Budget
Santa Clara Valley Water Resource Protection Collaborative
Sept. 1-0ctober 31, 2006
8m
8.:
1 a. Prepare for, conduct, debrief two teleconferences
with Steering Committee Princi al $178.50 4
Associate $147.00 8
Pro'ect Assistant $90.00 0
Subtask Subtotal
1 b. Prepare and distribute agenda and attachments for
two Collaborative Meetings; prepare talking points Princi al $178.50 8
Associate $147.00
Pro'ect Assistant $90.00 0
Subtask Subtotal
1 c. Convene and facilitate two Collaborative Meetings,
including set up/take down; conduct follow up with
members to ensure attendance Princi al $178.50 12
Associate $147.00 0
Pro'ect Assistant $90.00 0
Subtask Subtotal
1 d. Draft, peer review, revise, finalize, distribute Key
Outcomes Memo from two Collaborative meetings Princi al $178.50 4
Associate 147.00 8
Pro'ect Assistant $90,00 0
Subtask Subtotal
1e. Prepare for, facilitate and write meeting summary for
four quarterly 3-hr mtgs between cities/County/SCVWD
related to G&S adoption/ application. (In place of
SCVWD/City Caucus) Princi al $178.50 0
Associate $147.00 0
Pro'ect Assistant $90.00 0
Subtask Subtotal
$714.00
$1 176.00
$0.00
$1 890.00
$1 428.00
$0.00
$0.00
$1 428.00
$2 142.00
$0.00
$0.00
$2 142.00
$714.00
$1 176.00
$0.00
$1 890.00
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2a. Phone consultations, discussions and strategic
planning communications between meetings, with
Collaborative and Work Team members, District Staff and
Work Team consultants. Maintain ongoing communication
with Collaborative members to maintain momentum and
neutral guidance of process. Conduct problem-specific
strategic planning for unanticipated issues; analyze
alternate solutions with CONCUR staff and Collaborative
members, assess each alternative and determine strategy
for choosing best solution, how to present it and reach
agreement. (Assume 3 hr/wk for Principal; 2 hr/wk for
Associate)
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
2b. Update Tasking Memo, Meeting Schedule and
Summary of Ratified and Pending Work Products, after
each meeting; integrate into facilitators ongoing Work
Plan
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
2c. Post Agendas/Key Outcomes Memos/Draft Work
Team products after each meeting on project website;
update website contents/format at needed. Post and
update as needed master schedule of hearings/public
meetings related to G&S adoption and related local
government decisions.
Princi al
Associate
Pro' ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
13
o
o
$2320.50
$0.00
$0.00
$2 320.50
6
o
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$1 071.00
$0.00
$0.00
$1 071.00
2
2
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Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
8/25/06
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4a. Prepare and Distribute Agendas and All Meeting
Materials for remaining Outreach Work Team Meetings;
Coordinate with key outreach staff prior to meeting.
Princi al 178.50 4
Associate $147.00 6
Pro'ect Assistant $90.00 0
Subtask Subtotal
Princi al $178.50 0
Associate $147.00 5
Pro'ect Assistant 90.00 0
Subtask Subtotal
4b. Convene and Facilitate Remaining Outreach Work
Team Meetings
$714.00
$882.00
$0.00
$1 596.00
$0.00
$735.00
$0.00
$735.00
4c. Draft, Peer Review, Revise, Finalize, Distribute Key
Outcomes Memoranda from Remaining Outreach Work
Team Meetings.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
178.50
147.00
$90.00
4
6
o
$714.00
$882.00
$0,00
1 596.00
4d. Prepare outreach and educational materials, based on
Collaborative work products and agreements, for
distribution by cities to citizens, for media outlets and
placement on Collaborative member websites (e.g.
summaries of Collaborative process, results, G&S's.
Prmitting Tools, expected benefits, expanded list of
FAQ's, etc.)
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
8
12
o
$1 428.00
$1 764.00
$0.00
$3 192.00
4e. Services and work products in support of Outreach
Workplan and Media Strategy as needed, including
constant updating of Master Hearing/Outreach Schedule,
advice for District staff as it updates/expands
Collaborative website, providing selected personal
briefings as needed for city, NGO staff and Boards.
Organize and coordinate Collaborative panel to meet with
media outlets. Prepare and/or peer review press
releases.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
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$0.00
$0.00
0.00
$0.00
4f. Prepare Power Point slides and related materials of
G&S's and Permitting Tools to be presented by
Collaborative members to focus groups of
representatives of land development interests. Meet
with group of City/SCVWD staff to present materials,
revise as needed, deliver final product for their use.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
2
2
o
$357.00
$294.00
$0.00
$651.00
7-70:00
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5a. Write summary of city responses to preliminary
survey identifing training needs related to G&S's and
Permiting Tools. Discuss with staff from several
Collaborative organizations to confirm specific needs for
training, with examples of training workshop modules (ie.
permit, inspection and planning modules) addressing
range of typical streamside permits/projects. Prepare
written summary with training workshop outline/syllabus
for review by Steering Committee/Collaborative.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
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$0.00
$0.00
$0.00
$0.00
5bWrite curriculia, plan permit simulations, prepare
teaching notes, Power Pt. presentations for three one-
day training modules, based on Permitting Tools and
G&S's; work with District staff to intregrate use of
website-based data and analysis. Include modules for: a.
planning counter staff; b. building counter staff; c. staff
who conduct permiVfield inspections. Conduct
workshops to train trainers from Collaborative member
organizations to conduct training workshops/modules of
fellow staff as well as members of the development
commuity. Revise materials as needed; deliver final
package of training materials.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
8
12
$1 428.00
$1 764.00
$0.00
$3,192.00
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6a. In absence of Working Group, work one-on-one with
staff from cities and District to determine how
streamside permit data can be collected and summarized.
Write summary of results, for review by Steering
Committee and Collaborative. Revise no more than twice
given SC and Collaborative feedback. Draft guidelines for
preparing initial model case studies of how the G&S's are
being applied. Solicit and collate responses to narrative
questions in Appendix A of Adaptive Management
Process.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
o
o
$0.00
$0.00
$0.00
$0.00
6b. Prepare 4 model case studies of use of G&S's, using
guidelines developed in Task 8a. Permitting agencies to
provide photographs of case study sites/projects.
Analyze and summarize results of initial narrative survey
results for Collaborative discussion. Visit each staff with
permit agency staff. Prepare Power Pt. presentations
with survey results and model case studies for discussion
at the Collaborative's annual Adaptive Management
meeting. Work with Collaborative to develop next phase
of AMP; determine if a AMP Work Team is needed,
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
8
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$1 428.00
$0.00
$0.00
$1 428.00
6c. Coordinate two field trips to view case study sites,
Suggest approaches for convening forums or selected
panels for feedback on G&S's.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
$0.00
$0.00
$0.00
$0.00
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7a. Conduct assessment of Collaborative process, via
confidential interviews, to identify what has worked well
and what can be improved in process (start in 3rd
quarter). To include identifying barriers and potential
solution to more effective interagency cooperation.
Prepare written summary to help inform transition
plan/next phase work plan.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
o
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$0.00
$0.00
$0.00
$0.00
7b. Work with key Collaborativee members and the
Steering Committee to determine how the Collaborative
process will be facilitated/self-governed, and how a new
sucessor organization will be chartered what replaces the
Collaborative. Draft Charter, Mission Statement and
Groundrules which describe how successor organization
will be organized and structured. Develop written criteria
and guidelines for self-facilitation to support related
Collaborative discussion and decision.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
o
o
$0.00
$0.00
$0.00
$0.00
7c. Work with Collaborative to develop a Workplan for its
successor organization, with Milestones, for next 12
month period. Translate to detailed Master Project
Schedule, with tasks, roles and responsibilities, identifying
which member organizations will provide staffing and
expertise to implement Workplan and Master Project
Schedule. Hold numerous discussions with Collaborative
members to test specific scenarios for tasking plan.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
o
o
0.00
$0.00
$0.00
$0.00
7d. Design and provide 2 1/2 day Workshops to train
staff from Collaborative organizations, who will be
responsible for Collaborative management, in
Collaborative management and how to craft multi-party
agreements. Provide in-person coaching for staff who will
manage Collaborative process. Write and distribute
procedural guide to be used for future Collaborative
management.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
o
o
$0.00
$0.00
$0.00
$0.00
7e. Coordinate Final Ratification Process in November
2006, including drafting texVfor work products for final
agreements, formatting all materials for ratification.
Princi al
Associate
Pro'ect Assistant
Subtask Subtotal
$178.50
$147.00
$90.00
o
o
o
$0.00
$0.00
$0.00
$0.00
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