06-030, Pat Dowd
AGREEMENT FOR PREPARATION OF MEETING MINUTES
THIS AGREEMENT is entered into on April 10, 2006, by and between the City of
Cupertino, a political subdivision of the State of California, hereinafter called "CITY" and Pat
Dowd, hereinafter called "CONTRACTOR".
WHEREAS, the CITY is in need of minutes preparation services, and;
WHEREAS, CONTRACTOR is qualified to prepare minutes for the City of Cupertino;
NOW, THEREFORE, in consideration ofthe mutual promises herein, the parties hereto
AGREE as follows:
1. CONTRACTOR shall prepare meeting minutes for the City Council of the City of
Cupertino when requested by the City Clerk or Deputy City Clerk.
2. CITY shall make available a copy of the meeting on videotape the day after the
meeting. CONTRACTOR shall prepare the minutes and submit them in electronic
form as a Microsoft Word document to the City Clerk's Office by 2:00 p.m. on
Wednesday following the meeting, unless other specific arrangements are made
with the City Clerk.
3. CITY shall compensate CONTRACTOR at a rate of $60.00 per hour when the
minutes have been taken, completed and approved by the City Council.
4. This agreement shall commence on April 10, 2006, and shall continue in full force
and effect until terminated by mutual consent of the parties or by either party
immediately on delivery of written notice thereof to the other party with or
without cause and for any reason, whatsoever.
5. If this agreement is terminated under the provisions of Paragraph 3,
CONTRACTOR shall be compensated only for the hours worked but unpaid as of
the termination date.
6. The parties hereto agree and understand that this is an agreement for professional
services and shall not be assigned by the contractor in any manner. It is further
understood that CONTRACTOR is not an employee of the CITY.
7. CITY shall defend and hold harmless CONTRACTOR from any action or lawsuit
brought against her or the CITY arising out of any act, advise, or omission on the
part of CONTRACTOR while carrying out the duties set forth above.
8. This agreement may only be modified by a written amendment hereto, executed
by both parties.
Agreement for the Preparation of Meeting Minutes
Page 2
9. In the performance of the work authorized under this agreement, CONTRACTOR
shall not discriminate against anyone because of race, creed, color, ancestry,
religion, marital status, medical condition, age (over 40), physical or mental
handicaps, veteran or non-veteran status, sex, or national origin.
10. CONTRACTOR undertakes performance of this service as an independent
contractor and shall be wholly responsible for the methods of performance. CITY
will have no right to supervise the methods used, but the CITY will have the right
to observe such performance. Contractor shall work closely with the City Clerk's
Office in performing services under this agreement.
11. The minutes shall be the property of the CITY despite the fact that
CONTRACTOR will be preparing them.
12. This agreement shall be governed by the laws of the State of California. It
constitutes the entire agreement between the parties regarding its subject matter.
This agreement supersedes all agreements, proposals, oral and written, and all
negotiations, conversations or discussions heretofore and between the parties
related to the subject matter of the agreement. EXECUTED at Cupertino,
California, on the day and year frrst written above.
~kZ () O/zuttceJ
Carol A. Atwood
Director of Administrative Services
ATTEST:
Kimberly S
City of Cupe ino
~~
Pat Dowd
Charles Kilian, City Attorney
City of Cupertino