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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. Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3 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