17-008 Buildingeye.com, for Data Visualization Mapping Services)u I 7-000(JoL{O (
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
BUILDINGEYE.COM FOR DATA VISUALIZATION MAPPING SERVICES
THIS AGREEMENT, is entered into this ~day of Fe.1 n1.::t 1'-f , 2017 ("Effective
Date"), by and betwee n the CITY OF CUPERTINO, a California fnunicipal corporation
("City"), and BuildingEye, Inc., a Delaware Corporation whose address is 1355 Market Street,
Suite 488, San Francisco, CA 94103 (hereinafter referred to as "Consultant") (collectively
referred to as the "Parties ").
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being conducted
under the Constitution and the statutes of the State of California and the Cupertino Municipal
Code.
B. Consultant is specially trained , experienced and competent to perform the special
services which will be required by this Agreement.
C. Consultant possesses the skill , experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
D . City and Consultant desire to enter into an agreement for data visualization
mapping upon the terms and conditions here in .
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The ten1' of this Agreement shall commence on fd? NN' Y j/ , 2017, and shall
terminate on m o;o..r:y :;bO , 2020, unless terminated earlier as' set forth herein.
2 . SERVICES TO BE PERFORMED
Consultant shall perform each and every service to the schedule of performance set forth
in Exhibit "A", attached h ereto and incorporated herein by this reference (collectively
"Services").
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement in a
total amount not to exceed forty-three thousand dollars ($43,000.00) bas e d on the rates and terms
set forth in Exhi bit "A," which is attached hereto and incorporated herein by this reference. Any
amounts due to Consultant under this Agreement not received by the date due will be subject to a
late fee of 1.5% per month, or the maximum charge permitted by law, whichever is less.
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Payment will be made by the City in the following manner: The Planning Module initial
cost of $10,500 (Maintenance & Hosting Service Fee) + $2,500 (Implementation and set-up) for
a total of $13 ,000 will be paid upon satisfactory completion of work. City's payment terms are at
a minimum, net thirty (30) days after receipt of an undisputed and properly submitted payment
request from Contractor. City shall return to Contractor any payment request determined not to
be a proper payment request as soon as practicable, but not later than seven (7) days after receipt,
and shall explain in writing the reasons why the payment request is not proper.
The Building Module initial cost of $8,500 (Maintenance & Hosting Service Fee) +
$2,500 (Implementation and set-up) for a total of $11,000 will be paid upon satisfactory
completion of work. City's payment terms are at a minimum, net thirty (30) days after receipt of
an undisputed and properly submitted payment request from Contractor. City shall return to
Contractor any payment request determined not to be a proper payment request as soon as
practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons
why the payment request is not proper.
The remaining $19,000 fee for sequential two years of annual license and service fee will
be paid to the Consultant thirty days after completion and satisfactory installation and
functioning of the Planning and Building Modules which includes allowing the City to evaluate
the software's performance for any bugs or glitches in the system for a period of not less than 30
days . City's payment terms are at a minimum , net thirty (30) days after receipt of an undisputed
and properly submitted payment request from Contractor. City shall return to Contractor any
payment request determined not to be a proper payment request as soon as practicable, but not
later than seven (7) days after receipt, and shall explain in writing the reasons why the payment
request is not proper.
4. OWNERSHIP
As between the parties, Consultant owns all right, title and interest (including all
intellectual property rights) in and to Consultant's proprietary, hosted, map-based city
information viewing platform, as currently made available through a website at
http://wwv1 .buildingeye.com, as may be modified by Consultant from time to time ("Platform"),
Services and any software, technology, materials and information owned by Consultant prior to
the Effective Date or created, authored, develop ed , conceived or reduced to practice by
Consultant after the Effective Date, whether alone or jointly with others . Nothing herein shall be
construed to transfer any rights, title or ownership of the Platfonn , Services or any Consultant
software, technology, materials, information or intellectual property rights to City. City is not
required to provide any ideas, feedback or suggestions regarding any of Consultant's products or
services ("Feedback") to Consultant. To the extent City does provide any Feedback to
Consultant, City agrees to assign and hereby does assign all right, title and interes t in and to such
Feedback to Consultant and acknowledges that Consultant may freely use , reproduce, modify,
distribute , make, have made, sell, offer for sale, import and otherwise exploit in any manner such
Feedback without payment of any royalties or other consideration to City.
5. TIME IS OF THE ESSENCE
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Consultant and City agree that time is of the essence regarding the performance of this
Agreement.
6. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of like professionals in the San Francisco Bay Area
and agrees that all services shall be performed by qualified and experienced personnel who are
not employed by the City nor have any contractual relationship with City.
7. INDEPENDENT PARTIES
City and Consultant intend that the relationship behveen them created by this Agreement
is that of independent contractor. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation and the
express tenns of this Agreement. No civil service status or other right of employment will be
acquired by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers' compensation plans,
vacation and sick leave are available from City to Consultant, its employees or agents.
Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of Consultant.
8 . IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Consultant assumes any and all responsibility for verifying the identity and employment
authorization of all of his/her employees performing work hereunder, pursuant to all applicable
IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City
harmless from and against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
9. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination, Consultant
agrees that it shall not harass or discriminate against a job applicant, a City employee, or a
citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap , disability, marital status, pregnancy, sex, age,
sexual orientation, or any other protected class. Consultant agrees that any and all violations of
th is provision shall constitute a material breach of this Agreement.
10. DISCLAIMER; LIMITATION OF LIABILITY
A. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, AND EACH PARTY
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.
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CONSULTANT DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL
MEET CITY'S REQUIREMENTS, THAT THE PLATFORM SHALL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
B. Limitation of Liability . NEITHER PARTY SHALL BE LIABLE IN
CONNECTION WITH THIS AGREEMENT FOR ANY PUNITIVE, INCIDENTAL,
INDIRECT, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
BUSINESS, REVENUE, OR PROFITS, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE
PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO
EVENT WILL THE AGGREGATE LIABILITY OF CONSULTANT FOR DAMAGES
UNDER THIS AGREEMENT EXCEED THE SUM OF THE TOTAL FEES PAID OR
PAYABLE TO CONSULTANT UNDER THIS AGREEMENT DURING THE TWELVE
MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE PARTIES
AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN
THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS
AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND
REGARDLESS OF THE THEORY OF LIABILITY.
11. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant agrees to, at its expense, defend and/or settle any claim made by a third party
against City alleging that the Platform infringes s uch third party's United States patent,
copyright, trademark or trade secret (an "IP Claim "), and pay those amounts finally awarded by a
court of competent jurisdiction against City (including damages , interest, losses , costs and
expenses including attorneys' fees) or payable pursuant to a settlement agreed to Consultant with
respect to such IP Claim, provided that City provides Consultant with (i) prompt written notice
of the IP Claim, except that any failure to provide this notice promptly only relieves Consultant
of its responsibility pursuant to this Section 11 to the extent its defense is materially prejudiced
by the delay, (ii) sole control over the defense and settlement of the IP Claim, provided that
Consultant will not admit fault by City or agree to any settlement that wou ld impose obligations
or restrictions on City ( other than payment of sums which wo uld be paid by Consultant under
this Section 11) without City's prior written consent, not to be unreasonably withheld, delayed or
conditioned; and (iii) all assistance, information and authority reasonably requested by
Consultant for the defense and/or settlement of the IP Claim . Consultant shall have no obligation
with respect to any claim arising out of or relating to : (x) any unauthorized use , distribution or
display of the Platfonn ; (y) any modifications to the Platfonn not authorized or made by
Consultant or its subcontractors under this Agreement; or (z) any combination of the Platform
with any third party hardware, software, service or techno lo gy if such claim wou ld not have
arisen but for such combination. If Consultant, in its sole discretion , believes an IP Claim or an
adverse judgment in connection with an IP Claim is likely, then Consultant may, at its e x pense,
(a) obtain a li cense from such third party claimant that allows for continued operation of the
Platform, (b) modify the Platfonn so as to be non-infringing, or (c) if neither (a) nor (b) is
available to Consultant at a commercially reasonable tenns, terminate this Agreement upon
written notice to City. This Section 11 sets forth the entire liability of Consultant and the sole
and exc lusi ve remedy of City in the event of any IP Claim broug ht against City.
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12. INSURANCE:
A. General Requirements. On or before the commencement of the term of this
Agreement, Consultant shall furnish City w ith certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of ins uran ce coverage in compliance
with the requirements li sted in Exhibit "D". Such certificates, which do not limit Consultant's
indemnification, shall a lso contain substantially the following statement: "Should any of the
above insurance covered by this certificate be canceled or coverage reduced before the expiration
date thereof, the insurer affording coverage shall provide thirty (30) days ' advance written notice
to the City of Cupertino by certified mail , Attention: City Manager." Consultant shall maintain
in force at all times during the performance of this Agreement all appropriate coverage of
insurance required by this Agreement with an insurance company that is acceptable to City and
licensed to do insurance business in the State of California. Endorsements naming th e City as
additional insured shall be submitted with the insurance certificates.
B . Subrogation Waiver. Consultant agrees that in the event of loss due to any of the
perils for which he /s he has agreed to provide comprehensive general and automotive liability
insurance, Consultant shall look so lel y to his/her insurance for recovery. Consultant hereby
grants to City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to e ither Consultant or City with respect to the services of Consultant herein , a waiver
of any right to subrogation w hi ch any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C . Fai lure to secure or maintain insurance. If Consu ltant at any time during the tenn
hereof should fa il to sec ure or maintain the foregoing insurance , City shall be permitted to obtain
such insurance in the Consultant 's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the maximum rate
pennitted by law and computed from the date written notice is received that the premiums have
not been paid .
D. Additional Insured . City, its City Council, boards and comm1ss1ons, officers,
employees and vo lunteers shall be named as an additional insured under all insurance coverages,
except any professional li ability insurance, required by this Agreement. The naming of an
additiona l insured shall not affect any recovery to which such additional insured would be
entitled under this policy if not named as such additiona l insured . An additiona l insured named
herein shall not be held liable for any premium, deductible portion of any loss , or expense of any
nature on this policy or any extension thereof. Any other insurance he ld by an additional insured
shall not be required to contribute anything toward any loss or expense covered by the insurance
provided by this policy.
E . Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
F. Maximum Coverage and Limits. It shall be a requ ir ement und er this Agreement
that any available insurance proceeds broader than or in excess of the specified minimum
Ins urance coverage requirements and/or limits shal l be available to the additional insured City.
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Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits
specified in this Agreement, or the broader coverage and maximum limits of coverage of any
insurance policy or proceeds available to the named msured , whichever is greater.
13. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any interest,
direct or indirect, financial or otherwise, that would conflict in any way with the performance of
this Agreement, and that it will not employ any person having such an interest. Consultant
agrees to advise City immediately if any conflict arises and understands that it may be required
to fill out a conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title
2, Division 6, Section 18700 of the California Code of Regulations.
14. PROHIBITION AGAINST TRANSFERS
Neither City nor Consultant shall assign, sublease, hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise,
without prior written consent of the other party. Any attempt to do so without said consent shall
be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust company
or other financial institution without prior written consent. Written notice of such assignment
shall be promptly furnished to City by Consultant. Notwithstanding anything to the contrary in
this Section 14, Consultant may assign its rights and obligations under this Agreement without
the consent of City in connection with any merger (by operation of law or otherwise),
consolidation, reorganization , change in control or sale of all or substantially all of its assets
related to this Agreement or similar transaction .
15. SUBCONTRACTOR APPROVAL
Unless prior written consent from City is obtained, only those people and subcontractors
whose names and resumes are attached to this Agreement shall be used in the perfonnance of
this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers ' compensation insurance and shall also be required to carry
general, automobile and professional liability insurance in reasonable conformity to the
insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall
be subject to each provision of this Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirem ents to the extent they apply to the scope of the subcontractor's work. Subcontractors
hired by Consultant agree to be bound to Consultant and City in the same manner and to the
same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees
to include these same provisions with any sub-subcontractor. A copy of the Owner Contract
Document Indemnity and Insurance provisions will be furnished to the subcontractor upon
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request. Consu lt ant shall require a ll subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any work and
will provide proof of compliance to City.
16. PERMITS AND LICENSES
Consultant, at his/her sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, ce1tificates and licenses including, but not limited to, a City
Business License, that may be required in connection with the performance of services
hereunder.
17 . REPORTS
A. Consultant shall, at such time and in such form as City may reasonably require,
furnish reports concerning the status of services required under this Agreement.
B. All such reports required to be provided by this Agreement shall be printed on
recycled paper. All reports shall be copied on both sides of the paper except for one original,
which shall be single sided .
18. DATA
City represents and warrants that: (i) it has all rights, title, interest, licenses and consents ,
and has made any and all notices and disclosures , necessary for the collection and provision to ,
and use by, Consultant of all data provided or made available to Consultant for use in connection
with Consultant's Platform ("Data") without violation of any Jaw, rule or regulation (including
any privacy laws); and (ii) the Data does not include any social security numbers , financial
account numbers or other sensitive information. City shall indemnify and hold Consultant
harmless from any claim, loss, liability, damage, cost or expense (including reasonable attorneys
fees) incurred by Consultant arising out of or relating to any alleged breach of the foregoing or
any allegation that the Data is inaccurate or incomplete. Consultant shall indemnify and hold
City harmless from any claim , loss, liablity, damage, cost or expense (including reasonable
attorney 's fees) incurred by City arising out of relating to any negligent performance of this
Agreement not related to inaccurate or incomplete D ata provided by the City.
19. RECORDS
Consultant shall maintain inte rnal records reflecting that the Services were performed by
Consultant hereunder in accordance with customary recordkeeping practic es in the software
development industry. Consultant shall provide free access to such records to the representatives
of City or its designee's at all reasonable and proper times, and g iv es City the right to examine
and audit same, and to make transcripts therefrom as necessary . No such ex amination and audit
shall give City the right to access records relating to other Consultant customers . Such records
shall be maintained for a period of three (3) years after Consultant receives final payment from
City for all services required under this agreement.
20 . NONAPPROPRIATION
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This Agreement is subject to the fiscal provisions of the Cupe1iino Municipal Code and
Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that
funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in
the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available . This Section shall take precedence in the event of a conflict
with any other covenant, term, condition, or provision of this Agreement.
21. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement Policy
whenever practicable in completing any work under this agreement, including but not limited to:
• Using paper products made with recy cled content and recycled/remanufactured toner
and inkjet cartridges;
•
•
Printing with soy or low volatile organic compounds (VOC) inks;
Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal's
Industrial and Institutional Cleaners Standard; and
Ordering supplies electronically and practicing other internal waste reduction and
reuse protocols.
22 . NOTICES
All notices , d emands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Teri Gerhardt
TO CONSULTANT:
BuildingEye, Inc.
1355 Market Street, Suite 488
San Francisco, CA 94103
Attention Ciaran Gilsenan
23. TERMINATION
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In the event Consultant fails or refuses to perform any of the provisions hereof at the time
and in the manner required hereunder, Consultant shall be deemed in default in the performance
of this Agreement. If Consultant fails to cure the default within the time specified and according
to the requirements set forth in City's written notice of default, and in addition to any other
remedy available to the City by law, the City Manager may tenninate the Agreement by giving
Consultant written notice thereof, which shall be effective immediately. The City Manager shall
also have the option, at its sole discretion and without cause, of tenninating this Agreement by
giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon
receipt of any notice oftennination, Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective date of
termination. If the termination if for cause, City may deduct from such payment the amount of
actual damage, if any, sustained by City due to Consultant's failure to perform its material
obligations under this Agreement. Upon termination, Consultant shall immediately deliver to the
City any and all copies of studies, sketches, drawings, computations, and other material or
products, whether or not completed, prepared by Consultant or given to Consultant, in
connection with this Agreement. Such materials shall become the property of City.
24. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules, policies
and regulations enacted or issued by City.
25. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with
the Superior Court of the County of Santa Clara, State of California.
26. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any
signs, advertising, show bills, lithographs , posters or cards of any kind pertaining to the services
perforn1ed under this Agreement unless prior written approval has been secured from City to do
otherwise.
27. WAIVER
A waiver by City of any breach of any term, covenant, or condition contained herein shall
not be deemed to be a waiver of any subsequent breach of the same or any other tenn, covenant,
or condition contained herein, whether of the same or a different character.
28. INTEGRATED CONTRACT
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This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever
kind or nature are merged herein. No verbal agreement or implied covenant shall b e held to vary
the provisions hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant.
29. AUTHORITY
The individual(s) e xec uting this Agreement represent and waiTant that they h ave the legal
capacity and authority to do so on behalf of their respective legal entities.
30. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement shall be read and enforced as though each were
included herein. If through mistake or otherwise, any such provision is not inse1ied or is not
coITectly inserted, the Agreement shall be amended to make such insertion on application by
either party.
31. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement. All unchecked
boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the pa1iies have caused the Agreement to be executed.
CONSULTANT
Ciaran Gilsenan
By
Tit] resident & CEO Buildingeye
Date 01.30.2017
ATIEST: -~
~~JJt
City Clerk 2.--2~ ~rt
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CITY OF CUPERTINO
A Municipal Corporation
By ~.4?tl:
Title erv
Date 2, z I· 2017-
D Over $175,000-Council Approva l Required
D Over $45,000-Department Head Approva l quired
~ Up to $45,000 -Designated Supervisor A roval Required
T
APPROVM TO FORM:
AiJ/ ,,,/;J 'if' City Attorney
Page 10 of 17
Exhibits: (Check box for exhibits that apply to this contract and attach)
[gj Exhibit "A"-Scope of Services, schedule of Performance and Compensation
D Exhibit "B"-Schedule of Performance
D Exhibit "C "-Compensation
[gj Exhibit "D "-Insurance Requirements and Proof of Insurance
D Exhibit "E"-Mandated Reporting Acknowledgement
D Exhibit "F"-Background/Fingerprint/TB Declaration
D Exhibit "G "-Nondiscrimination-State/Federal/HUD funded project
D Exhibit "H" -Request for City Manager to Waive Informal Bidding Requirements
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
Account: 610-35-986 700 -703 $38 ,000 .00
Account: 610 -35-386 700-702 $5 ,000.00
Total: P02017-00000 YO\ $4 3,000.00
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BuildingEye, Inc.
1355 Market Street, Suite 488,
San Francisco, CA 94103.
Date 01/08/2016
Exhibit A
~
buildingeye.com
Scope of Work and Fee Proposal for the City of Cupertino, CA.
Objective
The general objective of the application is to visualize data for projects going through the
building and planning process and to communicate the data to staff and citizens through a
mapping interface, which can be filtered to search for different types of applications .
Functionality Requirements:
1. Visualize data on a web application with the ability to filter applications by
keyword, application type, timeframe and status. The map icons are dynamic and
produce an infonnation window with metadata on the application/project and a
link to further information. The workflow should be clear for users to understand
where in the process the application is
2. Enable users to create an email ale1i which notifies them of a project within their
chosen area. Alert frequencies will be adjustable with options for biweekly,
weekly and monthly.
Functional Specification
I. Front-end design.
2. Mapping layer
3. Filter tools.
4. Legend design.
5. Email account/ alerts.
6. Data supply.
7. Hosting.
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Front End Design
The style of buildingeye.com is a clean and effective UI /UX design . The transition between
depa1iments (Building and Planning) should be as smooth as possible so the user und erstands
what they are vis ualizing and filtering .
Mapping Layer
Buildingeye currently uses MapQuest for its tile la yer. This is acceptable to The City and there
is no license costs associated with this.
However, if The City prefers an alternative tile laye r we can investigate this. Any license fee
resulting from this change would be incurred directly by The City. There could also be
development costs associated with working with different mapping layers, depending on what is
selected.
Filter Tools
A us er will be able to filter their search by the following:
I. Address.
2. Area: Zipcode, Neighborhood, Supervisorial District, Fee District, Custom (GIS
layers for specific areas to be provided by the Building & Planning Department).
3. Status (filed /is sued; c losed /active; approved/disapproved) as reflected in exist in g
pennitting software system and agreed with each Department.
4. Keyword and reference number search.
5. Date range (data to be supplied by each department) including start/end dates.
6. Application/Pennit/Record type (dropdown of different types, liais e with existing
permitting system).
Legend Design
Currently, Blue= Permit Received (Filed), Green= Permit Issued.
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,. ...
Example of City of Palo Alto Icon Colors and Information Window
Email Account/ Alerts
A user who wishes to create and receive e-mail alerts must do the following:
412 EMERS01 l ST PALO ALTO.
CA 94301
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,1,tq_f h'~'inA'-'t•••~•~•~tor
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.1.,.1" ,110 ... vr.,ir.~ l,,.,.J11.!..~~1r.o,.,1..._ ""
,..~J,,.,J.11 n....,,.M~ r -j.,,. &•'\.ti °"'f _, ,U,
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1. Create a personal account and verify their email address to validate its
authenticity.
2. Create an alert by choosing a geographic lo cation to alert on with a% mile Radius
(TBC), Zipcode, Neighborhood, Supervisorial District or Historic District.
3. Set the notification frequencies.
Once the above is completed the user can manage their alerts (2 No.) through a user dashboard
where they can delete or change the frequency of the alert .
A cti veUS 160139!96v.3
Email Alert Mockup
@:@f@
Example City af Redwaad City Email Alert
Email capacity
After 50,000 alert emails / month I Department we will have to limit the email frequency or
charge for the cost of additional capacity.
For an extra 100,000 emails/ month= $60.00 I month
For an extra 1,000,000 emails/ month= $600.00 I month
Data supply
The City will be responsible for the prov1s10n of credentials for buildingeye to access the
existing permitting software system or Junar Open Data APL Buildingeye will work with each
Department to clarify the data being visualized. The format and method of data delivery will be
standardized and agreed upon by both parties. The City will provide data on all necessary
metadata, geographic information (points, lines , polygons, & multi thereof) and hyp erlinks. This
is to facilitate the email ale1is and search filterin g. L inks to all department files will be required
through the API or CSV uplo a d so they can be linked to .
Extent of Data Visualized
The information to be supplied by each Department includes data going back to (TBC by the
City).
All GIS data associated with these applications will be provided by each department.
Acti veUS 160 1391 96v.3
Hosting
The data input, visua lizati on and email functionality would be managed, hosted and powered by
Buildingeye
Note: There are items included above wh ich st ill require additiona l information and further
discussion to ensure all parties are clear on what data is to be provided and visualized .
Fee Proposal Population: 60,000
Annual License & Service fee:
Module 1
Module 2
Planning
Building Permits
Total Fee/ annum for 2 modules
One time setup fee:
Application setup & integration:
Total $19,000 + $5,000 = $24,000
Annual License & Service fee:
Promotion: Buy 3 Years get 1 Year FREE
Total Year 1 $19 ,000 + $5,000
Total Year 2 $19,000 + $0
Total Year 3 $0
Total 3 Years with 1 Year FREE
1 year
$10,500
$8,500
$19,000
$5,000 which covers the 2 modules
3 Year
$24,000
$19,000
$0
$43,000
Note Full payment of $43,000 is du e and payable in Year 1.
Additional Works
• For work (change requests) outside the scope of work described above, rates for
Buildingeye staff would be as follows :
o Front end designer $180 / hour
o Software developer $220 / hour
o Principal to meet with staff and review strategic changes $220 / hour
A ctiveUS 160 1391 96v .3
Exhibit D
Insurance Requirements and Proof oflnsurance
Proof of insurance coverage described below is attached to this Exhibit, with City named as
additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
(1) Workers' Compensation:
Statutory coverage as required by the State of California .
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury:
Property Damage:
$500,000 each occurrence
$1,000,000 aggregate -all other
$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:
Property Damage:
Combined Single Limit:
(4) Professional Liability
$500,000 each occurrence
$100,000 each occurrence
or
$500,000 each occmTence
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amo unt of at least $1,000,000 .
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