06-092, Elizabeth Ellis
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AGREEMENT FOR PREPARATION OF MEETING MINUTES
THIS AGREEMENT is entered into on June 27, 2006, by and between the City of Cupertino, a
political subdivision of the State of California, hereinafter called "CITY" and Elizabeth Ellis,
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 of the mutual promises herein, the parties hereto
AGREE as follows:
1. CONTRACTOR shall prepare meeting minutes for the Planning Commission of the
City of Cupertino when requested by the Community Development Department.
2. CITY shall make available a copy of the meeting on cassette tape the day after the
meeting. CONTRACTOR shall prepare the minutes and submit them in electronic form
as a Microsoft Word document to the Community Development Department by 5 :00
p.m. on the second Wednesday following the meeting (8 days), unless other specific
arrangements are made with the Community Development Department.
3. CITY shall compensate CONTRACTOR at a flat rate of$ 375.00 per meeting when
the minutes have been taken, completed and approved by the Planning Commission. If
the meeting runs over 6 hours, the flat rate will change to $425.00 per meeting.
4. This agreement shall commence on June 27, 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.
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 Community Development
Department'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 Cupe ino, California, on the day and year
first written above.
ATTEST:
Kimberly Smith,
City of Cupertino
APPROVED AS TO FORM:
J;charl~s Kilian, City Att
City of Cupertino
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Steve Piasecki
Community Development Director
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Elizabeth IS