15-002 Eileen Goodwin, APEX Strategies, Preparation and Facilitation of Community Workshop for General Plan Amendment Project0
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: vwvw.cupertino.org
CUPERTINO
January 29, 2015
Eileen Goodwin
Apex Strategies
111 Nanna Court
Santa Cruz, CA 95060
RE: Agreement
Enclosed for your records is a fully executed original copy of your agreement with the
City of Cupertino. If you have any questions, please contact the Public Works Department
at (408) 777-3354.
Sincerely,
/Do --L4 >4 "q=—�
Dorothy Steenfott
Senior Office Assistant
cc: Community Development
Enclosure
CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue _
Cupertino, CA 95014 b15
CUPERTINO 408-777-3200 N0..XK- COOOO? U so
THIS AGREEMENT, made and entered into this 26t1, day of January, 2015 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and Eileen Goodwin, dba Apex Strategies, 111 Nanna Court, Santa
Cruz, California 95060, 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: Preparation for
and facilitation of one community workshop for the General Plan Amendment project on Wednesday,
February 4th, 2015.
Check box if services are further described in an Exhibit. 1XI
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ExhibitA.
TERM: The services and/or materials furnished under this Agreement commenced on January 26'1, 2015
and shall be completed no later than February 4t1, 2015.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR an
estimated total not to exceed FOUR THOUSAND EIGHT HUNDRED EIGHTY SEVEN DOLLARSAND
FIFTY CENTS ($4,887.50).
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed ona
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 damage to property or other liability of any nature, arising
out of, pertaining to, or related to the performance 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.
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Agreement — Apex Strategies for GPA Community Workshop Facilitation
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' Compensation:
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
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
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Agreement - Apex Strategies for GPA Community Workshop Facilitation
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. 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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Rebecca Tolentino, Senior Planner DEPARTMENT: Community Development
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
-QP�—
Eileen Goodwin
Title President
Soc. Sec. # or Tax I.D 319-40-1692
APPROVALS
CITY OF CUPERTINO:
By GaryCha
Title:Assist Director of Community Development
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD
DATE A
ACCOUNT NUMBER
AMOUNT
100-71-702-900-924
$4,887.50
CITY ATTOANEY
DATE
APP OVED AS TO )FORM
CITY CLE
DATE
ATTEST
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Agreement - Apex Strategies for GPA Community Workshop Facilitation
ex
STRATEGIES
January 8, 2015
Ms. Rebecca Tolentino
Senior Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Re: Apex Strategies Proposal for Services
Dear Rebecca:
Exhibit A
EILEEN O. GOODWIN
Principal
111 Nanna Court
Santa Cruz, CA 95060
(831) 460-1530
Thank you for the opportunity to propose facilitation services to the City of
Cupertino. I am detailing my scope and budget for facilitating a community workshop
and providing optional hours for an additional workshop should you need one.
Specific services would include:
• Community Meeting Notice --edit meeting notice for community
workshop—up to .50 hour—Budget assumes document is drafted
and produced by others.
• In person meeting at Cupertino City Hall with City of Cupertino
project manager and consultant team to review presentation
materials and discuss meeting agenda and feedback
mechanisms-- up to 5 hours.
• Community Meeting prep—up to 3 hours to develop meeting
concept and timed agenda and do phone/email coordination with
City of Cupertino project manager—Budget assumes this task is
accomplished entirely by phone and email.
• Community Meeting attendance/facilitation, pre -training of table
facilitators (should we use them) and recorders on same evening
ahead of community meeting, and mini -debrief up to 8 hours.
Budget assumes no responsibilities for a Community Meeting
summary.
• Up to 1 hour in meeting debrief/discussion of next steps --Budget
assumes this task is accomplished entirely by phone and email.
Optional Services for additional meeting:
• Community Meeting Notice --edit meeting notice for community
workshop—up to .50 hour—Budget assumes document is drafted
and produced by others.
• In person meeting at Cupertino City Hall with City of Cupertino
project manager and consultant team to review presentation
materials and discuss meeting agenda and feedback
mechanisms-- up to 5 hours.
• Community Meeting prep—up to 3 hours to develop meeting
concept and timed agenda and do phone/email coordination with
City of Cupertino project manager—Budget assumes this task is
accomplished entirely by phone and email.
• Community Meeting attendance/facilitation, pre -training of table
facilitators (should we use them) and recorders on same evening
ahead of community meeting, and mini -debrief up to 8 hours.
Budget assumes no responsibilities for a Community Meeting
summary.
• Up to 1 hour in meeting debrief/discussion of next steps --Budget
assumes this task is accomplished entirely by phone and email.
Up to 17.5 hours per cycle x $275-- $4,812.50 plus $75 in mileage.
Estimated total: $4,887.50 per cycle for a total of $9,800.00. 1 bill on a time a
materials basis so you will bill invoiced only for hours actually spent.
Thanks you for the opportunity to present this information. I look forward to
working with you.
Sincerely,
Eileen O. Goodwin