90-021 Moore Iacofano Goltsman; Services to Citizens Goals Committee ACCOUNT NO.
CONTRACT AMOUNT $74,198
PURCHASE ORDER NO. ; O Z615 !.
is
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1993,by and between the CITY OF CUPERTINO, a
municipal corporation of California, hereinafter referred to as "CITY", and Moore, Iacofano Goltsman, Inc., with offices at
1802 Fifth Street,Berkeley, California, 94710 hereinafter referred to as"CONTRACTOR";
WITNESSETH:
WHEREAS, CITY desires to retain services in conjunction with a design charette;and
WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and
experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and
in the manner set forth herein;
NOW,THEREFORE,in consideration of their mutual covenants,the parties hereto agree as follows:
1. DEFINITIONS.
(a) The word "City" as used in this agreement shall mean and include all the territory lying within the
municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added
thereto during the term of this agreement by annexation or otherwise.
(b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California,
or his designated representative.
(c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California,
or his designated representative.
(d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her
designated representative.
2. PROJECT COORDINATION.
(a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Ciddy
Wordell is hereby designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and
execution of this agreement.
U C
(b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall respon'Sibility for
the progress and execution of this agreement for CONTRACTOR. Michae(Freedmatr hereby is designated as the
PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject
to the prior written acceptance and approval of the PROJECT MANAGER
Moore,Iacofano Goltsman, Inc.
•Page 2
(c) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below:
Briefing Book 300.00
Tour Guidebook 2,200.00
Slide Presentation 670.00
Facilitation 4.028.00
7,198.00
(d) Laws to be Observed. CONTRACTOR shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement;
(2) Keep itself filly informed of all existing and future federal, state, and local laws,ordinances,regulations, orders,
and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR's
performance under this agreement,or the conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and
comply with, all of said laws,ordinances, regulations,orders,and decrees mentioned above;
(4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said
laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or
provisions of this agreement.
(c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared
or assembled by, CONTRACTOR or its subcontractors,if any,under this agreement shall be the property of CITY and shall
not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior
written approval of the City Manager.
(d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings, specifications
or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this
agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate
CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S cost.
(e) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described
under this agreement.
4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR the total sum of Seven Thousand One Hundred Seventy Eight(7A78) 7 r
5. DUTIES OF CITY. City shall provide staff time,background materials and other available information.
6. TERM. The services to be performed hereunder shall commence on September 1, 1993, and shall be completed
by November 30, 1993.
7. TEMPORARY SUSPENSION. The City Manger shall have the authority to suspend this agreement,wholly or
in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the
CONTRACTOR to perform any provision of this agreement.
8. EXTENSION OF TERM. In the event that the services called for under this agreement are not completed within
the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does
not preclude the recovery of damages for delay by either party.
•
Moore, Iacofano Goltsman,Inc.
Page 3
9. SUSPENSION;TERMINATION.
(a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by
giving thirty (30) days' written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his
performance under this agreement.
(b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually
rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or
terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of
CONTRACTOR'S services which are of benefit to CITY.
(c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City
Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not
completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if
any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR,
however, shall not be liable for CITY's use of incomplete materials or for CITY'S use of complete documents if used for
other than the project contemplated by this agreement.
10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain
that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this
agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection
and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement
as prescribed.
11. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONTRACTOR's independent findings,
conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of
judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement.
12. ASSIGNMENT; SUBCONTRACTORS;EMPLOYEES.
(a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement
and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right,title, or interest in or to the same
or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions
as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent
assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this
agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by
operation of law without the prior written consent of the other party.
(b) Subcontractors. It is agreed that this agreement is for the personal services of Keyser Marston Associates,
Inc., and cannot be performed by any other person or organization.
(b) Subcontractors; Employees. CONTRACTOR shall be responsible for employing or engaging all persons
necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized
by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible
for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this
agreement by all of its employees and subcontractors,if any, and shall keep the work under its control. If any employee or
subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent
or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on
demand of the PROJECT MANAGER
Moore,Iacofano Coltman,Inc.
Page 4
13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail,
addressed as follows:
TO CITY: Office of the City Clerk
10300 Tone Avenue
Cupertino, CA 95014-0580
TO CONTRACTOR: Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.
14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no
subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will
have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the
performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an
agent or employee of CITY.
15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and
employees of and from:
(a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or
used by or in the care, custody, or control of CONTRACTOR, caused by any act or omission, negligent or otherwise, of
CONTRACTOR or any subcontractor under this agreement or of CONTRACTORS or any subcontractor's employees or
agents.
(b) Any any all claims and demands which may be made against CITY, its officers, agents, or employees by
reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any
subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the
result of the sole negligence or willful misconduct of city,its officers,agents,or employees;
(c) Any and all penalities imposed or damages sought on account of the violation of any law or regulation or of
any term or condition of any permit.
(d) The CONTRACTOR is not responsible for the accuracy of date from sources other than his/her own or from
conclusions reached as a result of utilizing information supplied by third persons.
16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor
Code of the State of California which require every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this agreement.
17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect
throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance
with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers'
compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect
to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement.
Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the
execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to
the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will
not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such
Moore,Iacofano Goltsman,Inc.
Page 5
cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such
insurance shall be kept on file at all times during the term of this agreement with the City Clerk.
18. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall
bind,the heirs, successors, executors, administrators,assigns, and subcontractors of both parties.
19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this
agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition,
ordinance,or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance,
or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be
deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this
agreement or of any applicable law or ordinance.
20. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this
agreement or arising out of this agreement may recover its reasonable costs and attorneys'fees expended in connection with
such an action from the other party.
21. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement
because of the race, color,national origin, ancestry,religion or sex of such person. If the value of this agreement is, or may
be,Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal
Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance
Report--Nondiscrimination Provisions of City of Cupertino Contracts"on the form furnished by CITY.
If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or executive order in the performance of this agreement,it shall thereby be
found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each
person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or
both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or
officer shall constitute evidence of a violation of contract under this paragraph.
If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative
action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement.
Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the -
amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which
CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract,or both.
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated
agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either
written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR
All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State
of California.
Moore,Iacofano Goltsman, Inc.
Page 6
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement the day and year first above
written.
Al PEST: CITY OF CUPERTINO
City Clerk Mayor
APPROVED AS TO FORM:
i
City Attorney Project Manager
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MOORa.lAw1AIVO COI+ShVw/LI . /4; ll Gal 'n,u/1'
Contractor Name Qe;piupM/ of
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Address
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Telephone
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Social Security number
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ACCOUNT NO.
CONTRACT AMOUNT $3,234.00
PURCHASE ORDER NO.
0 2 8 1;t f„ P AGREEMENT
THIS AGREEMENT,made and entered into this 1 day of July 1993,by and between the CITY OF CUPERTINO,a
municipal corporation of California,hereinafter referred to as"CITY",Moore,Iacofano Goltsman,Inc.,with offices at 1802
Fifth Street,Berkeley, California, 94710 hereinafter referred to as"CONTRACTOR"; '
WITNESSETH:
WHEREAS, CITY desires to retain services in conjunction with a design charette;and
WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and
experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and
in the manner set forth herein;
NOW,THEREFORE,in consideration of their mutual covenants,the parties hereto agree as follows:
1. DEFINITIONS.
(a) The word "City" as used in this agreement shall mean and include all the territory lying within the
municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added
thereto during the term of this agreement by annexation or otherwise.
(b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California,
or his designated representative.
(c) The term"City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California,
or his designated representative.
(d) The term"City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her
designated representative.
2. PROJECT COORDINATION.
(a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Ciddy
Wordell is hereby designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and
execution of this agreement.
(b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for
the progress and execution of this agreement for CONTRACTOR. Daniel Iacofano hereby is designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require
a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written
acceptance and approval of the PROJECT MANAGER
Agreement for Design Charette Moore, Iacofano, Goltsman,Inc.
Page-2-
3. DUTIES OF CONTRACTOR
(a) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below:
(1) See attached proposal (Exhibit A: Faciliation Services Task 1.0)to provide facilitation services, dated June 14,
1993.
(b) Laws to be Observed. CONTRACTOR shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement;
(2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders,
and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR's
performance under this agreement, or the conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and
comply with,all of said laws,ordinances,regulations,orders,and decrees mentioned above;
(4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said
laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or
provisions of this agreement.
(c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared
or assembled by, CONTRACTOR or its subcontractors,if any,under this agreement shall be the property of CITY and shall
not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior
written approval of the City Manager.
(d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings, specifications
or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this
agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate
CONTRACTOR for the costs of duplicating of such copies at CONTRACTORS cost.
(e) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described
under this agreement.
4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR the total sum of Three Thousand,Three hundred and thirty four dollars(3,334),payable as follows:
Professional Time
Principal: 18.0 Hours @ 110.00/hr. $1,980.00
Project Associate 18.0 Hours @ 65.00/hr. 1,170.00
Direct Costs
Travel(300 miles @ 0.28/mile) 84.00
Task 1 Estimated Cost: $3,234.00
Agreement for Design Charette Moore, Iacofano, Goltsman,Inc.
Page-3-
5. DUTIES OF CITY. City shall provide staff time,background materials and other available information.
6. TERM. The services to be performed hereunder shall commence on July 1, 1993, and shall be completed by
November 30, 1993.
7. TEMPORARY SUSPENSION. The City Manger shall have the authority to suspend this agreement, wholly or
in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the
CONTRACTOR to perform any provision of this agreement.
8. EXTENSION OF TERM. In the event that the services called for under this agreement are not completed within
the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does
not preclude the recovery of damages for delay by either party.
9. SUSPENSION;TERMINATION.
(a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by
giving thirty (30) days' written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his
performance under this agreement.
(b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually
rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or
terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of
CONTRACTOR'S services which are of benefit to CITY.
(c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City
Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not
completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if
any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR,
however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for
other than the project contemplated by this agreement.
10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain
that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this
agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection
and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement
as prescribed.
11. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONTRACTOR's independent findings,
conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of
judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement.
12. ASSIGNMENT; SUBCONTRACTORS;EMPLOYEES.
(a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement
and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same
or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions
as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent
assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this
agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by
operation of law without the prior written consent of the other party.
(b) Subcontractors. It is agreed that this agreement is for the personal services of Keyser Marston Associates,
Inc.,and cannot be performed by any other person or organization.
Agreement for Design Charette Moore,Iacofano,Goltsman,Inc.
Page-4-
(b) Subcontractors; Employees. CONTRACTOR shall be responsible for employing or engaging all persons
necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized
by CITY as such; rather,all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible
for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this
agreement by all of its employees and subcontractors, if any,and shall keep the work under its control. If any employee or
subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent
or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on
demand of the PROJECT MANAGER
13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail,
addressed as follows:
TO CITY: Office of the City Clerk
10300 Tone Avenue
Cupertino, CA 95014-0580
TO CONTRACTOR: Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.
14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no
subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will
have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the
performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an
agent or employee of CITY.
15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and
employees of and from:
(a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or
used by or in the care, custody, or control of CONTRACTOR, caused by any act or omission, negligent or otherwise, of
CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or
agents.
(b) Any any all claims and demands which may be made against CITY, its officers, agents, or employees by
reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any
subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the
result of the sole negligence or willful misconduct of city,its officers,agents,or employees;
(c) Any and all penalities imposed or damages sought on account of the violation of any law or regulation or of
any term or condition of any permit.
(d) The CONTRACTOR is not responsible for the accuracy of date from sources other than his/her own or from
conclusions reached as a result of utilizing information supplied by third persons.
16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor
Code of the State of California which require every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this agreement.
Agreement for Design Charette Moore, Iacofano, Goltsman,Inc.
Page-5-
17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect
throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance
with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers'
compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect
to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement.
Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the
execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to
the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will
not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such
cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such
insurance shall be kept on file at all times during the term of this agreement with the City Clerk.
18. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall
bind,the heirs,successors,executors, administrators,assigns,and subcontractors of both parties.
19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this
agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition,
ordinance,or law or of any subsequent breach or violation of the same or of any other term, covenant,condition, ordinance,
or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be
deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this
agreement or of any applicable law or ordinance.
20. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this
agreement or arising out of this agreement may recover its reasonable costs and attorneys'fees expended in connection with
such an action from the other party.
21. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement
because of the race,color,national origin,ancestry,religion or sex of such person. If the value of this agreement is, or may
be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal
Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance
Report--Nondiscrimination Provisions of City of Cupertino Contracts"on the form furnished by CITY.
If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or executive order in the performance of this agreement,it shall thereby be
found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each
person for each calendar day during which said person was discriminated against,as damages for said breach of contract, or
both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or
officer shall constitute evidence of a violation of contract under this paragraph.
If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative
action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement.
Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which
CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract,or both.
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated
agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations,or agreements, either
written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State
of California.
Agreement for Design Charette Moore,Iacofano, Goltsman,Inc.
Page-6-
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement the day and year first above
written.
ATTEST: CITY OF CUPERTINO
City Clerk Mayor6C
/n
17
APPROVED AS TO FORM: C l ' """
rty AttorneyProject Manager
Kooist .Skcof Anio ciol{3tt, 4 /
Contractor Name
� c 1 C •
I t02- Fr f *. S4,'2a,-
SealaAe-bvCA itzso
Address
Sic 11IS-7549
Telephone
614 - 2'15S019
Social Security number
or
Tax I.D.number
Incorporated
Planning - '
Design
Cr-^muni<alions June 14,1993
r emenl
Robert Cowan,Community Development Director JUN 15 1993
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
Dear Bob:
Thank you for contacting us in relation to your proposed design charette for Stevens Creek
Boulevard, "The Heart of the City."
MIG has designed,managed and participated in many intensive design charettes including pro-
jects for the cities of Brea,Phoenix,San Rafael,Berkeley and Los Angeles. We have extensive
experience in managing and facilitating meetings for a wide range of community planning and
design projects and scales. Working as a team with City staff, we are confidant in our ability to
provide the City of Cupertino with a creative,hands-on and well-managed process leading to a
concept plan for the Stevens Creek Boulevard area.
Based on our discussions,I am enclosing a preliminary draft scope of services for assisting the
City of Cupertino in the management and facilitation of the design charette. This scope of
work is preliminary and I look forward to your continents and suggestions. The scope of
work is organized into four(4) tasks.
•
i. -.7 •
CITY OF CUPERTINO
Facilitation Services for the Stevens Creek Boulevard Design Charette
TASK 1.0 WORKING SESSIONS WITH CITY STAFF TO PREPARE FOR
THE DESIGN CHARETTE
MIG will attend and participate in three (3) working sessions with City staff prior to the design
charette to refine the goals and objectives for the event,plan agendas,outline and develop brief-
ing materials,organize logistics and prepare work schedules and timelines.
Professional Time
Principal: 18.0 Hours @$110.00/Hour $1,980.00
Project Associate: 18.0 Hours @$65.00/Hour $1,170.00
Direct Costs
Travel (300 miles @$0.28/mile) 84.00
Task 1 Estimated Cost: $3,234.00
1 802
hum street TASK 2.0 DEVELOPMENT OF BRIEFING MATERIALS
Y CA MIG will assist staff in preparing briefing materials for participants in the design charette in-
510/845.7549 eluding but not limited to participant binders,agendas,comment sheets,maps,illustrations,
graphics,slides, models, existing conditions (e.g., traffic) data,etc. The actual media to be used
Other Offices
Eugene OR
Raleigh NC
Bob Cowan Stevens Creek Boulevard June 14, 1993
, • City of Cupertino Design Charette Paget
will be identified during the staff working sessions(Task 1). A division of labor between City
staff and MIG staff will also be determined at the working sessions to identify team assignments
and responsibilities for preparation of these materials. The time and cost estimates below will
be refined upon further specification of work products by the City. These estimates assume pro-
duction of: (i) participant binders; (ii) agenda,comment sheets and handouts (factual informa-
tion about the area,etc.); (iii) one hundred or two hundred scale base maps; (iv)rough working
model of the project area; (v)and 35 mm slides of the project area.
Professional Time
Principal: 16.0 Hours @$110.00/Hour $ 1,760.00
Project Associate: 16.0 Hours @$65.00/Hour $1,040.00
Graphics Production Staff: 80.0 Hours @$45.00/Hour $3,600.00
Support Staff: 40.0 Hours @$35.00/Hour $1,400.00
Direct Costs
Supplies and materials 750.00
Travel(200 miles @$0.28/mile) 56.00
Task 2 Estimated Cost: $8,606.00
TASK 3.0 DESIGN CHARETTE FACILITATION
( MIG will provide a facilitator(Daniel Iacofano)and a graphic recorder/facilitator assistant to
manage and facilitate the design charette process. Two (2) full days of design charette time are
assumed. Professional time includes set-up and clean-up time.
The design charette will be guided by the following concepts:
Agenda. Ideally,the charette would begin Friday night with a welcome and introduction, and a
slide presentation of the area. General planning and design concepts will be introduced to
stimulate creative thinking. An opportunity exists for participant (and public) input on a con-
cept or"goal" level. Options for Saturday morning include a walking/driving tour of the study
area or task groups may be formed to begin work immediately. Task groups will be formed
based on input from the design professionals involved (preliminary topics can be identified
prior to the charette and confirmed during an initial full group session at the charette.
Task Groups. Professional task groups can be based on geographical sub-areas,functional cate-
gories such as housing,economics,community design, or transportation,or by design concept
alternative. Individual team members could participate in more than one group.
Tools. The products of Task 2 will be made available to the charette participants including
maps,a study model,slide and overhead projectors for visualization,computer workstation
with spreadsheet and word processing, tracing paper, technical support staff,etc.
Participants. Public and private interests should be distributed evenly throughout the task
groups. Public groups can provide comments and critiques at the beginning and end of the
process.
Bob Cowan Stevens Creek Boulevard June 14, 1993
• • City of Cupertino Design Charette Page 3
Professional Time
Principal:20.0 Hours @$110.00/Hour $2,200.00
Project Associate: 20.0 Hours @$65/Hour 1,300.00
Direct Costs
Supplies and materials 500.00
Travel(100 miles @$0.28/mile) 28.00
Task 3.0 Estimated Cost: $4,028.00
TASK 4.0 PREPARATION OF DESIGN CHARETTE SUMMARY REPORT
MIG will prepare a written summary of the design charette, including findings,recommenda-
tions and directions for next steps,complete with graphics produced during the charette and a
description of the overall charette process.
Professional Time
Principal: 4.0 Hours @$110.00/Hour $440.00
Project Associate: 16.0 Hours @$65/Hour 1,040.00
Support Staff: 40.0 Hours @$45/Hour 1,800.00
Direct Costs
Graphic Materials 250.00
Communications (telephone, fax, delivery) 50.00
Task 4.0 Estimated Cost $3,580.00
The total estimated budget for all the tasks described above is $19,448.00,and is a maximum
amount not to be exceeded unless you authorize a change to the scope of work.
We look forward to the possibility of working with you and City of Cupertino staff in develop-
ing and conducting the design charette.
Sincerely yours,
MOORE IACOFA 0 GOLTSMAN,Inc.
Daniel IacofanoI hD,AI! P
DSI:ab
AGREEMENT ‘4419*V/0—et-Cr-37(p/
gre. 63, /1/b ' or0
Boap 4s° CITY OF CUPERTINO
oa0°0 P.O. Box 580
� p
pdr Cupertino, CA 95015 0 2 2 8 0 5
252-4505 NO.
25 ? co 7 '' 41
BY THIS AGREEMENT made and entered into on the 2nd day of May 19 90
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Moore Iacofano Goltsman (2)
Address 1802 Fifth St City Bprkpley , ("A Zip 96710 Phone 415-845-7549
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials: Services and
materials listed in Exhibit A except that City may decline specific
listed services and materials pursuant to note contained in "Section
I : Approach and Overview. " Principal shall be Daniel ,lacpfano .
ofXHlBlTS: The following attached exhibits hereby are made part of this Agreement: Exibit A: City
oCupertino General Plan : Citizens Goals Committee Program
TERMS The services and/or materials furnished under this Agreement shall commence on_ Mn y 9 loon
andshallbecompletedthtwae in a timely manner pursuant to schedule developed
b�yCilty and dpGoals nCommittee members . The anticipated completion date is
S t-'T�Ub AS l&' 'Foltc ull performance of this Agreement,CITY shall pay CONTRACTOR:An amount not
to exceed $63 , 140 per Exhibit A. The contract amount may be reduced if
City e e tt OASnAI� tt ct for all services . Contract amount shall not
GENERAL�E LuNui } t
Hold Harmless. Contractor agrees to save indiiolcdEia mresghe[hairy;lP� fic �,lgetesadgfFlscn aQi>Q ancP i s
all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per-agreement
formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance
before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race,color, national origin,ancestry, religion or sex 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 relation 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.
Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRCT�INATOR and representative for CITY shall be:
NAME DEPARTMENT
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 • CUPERTINO:/�
By /fl'?' y �. By /V t,./n.tr2lAn
Title Title •
•
SocSSec.#
APPROVAL- ` t ml4-295— Sol
Departw.gt Head Date er Da /
A .(,-L Co-1,� -eAAA. 6/2/9.0 City X44Kte /e
White-City Clerk Copy Green-Finance Canary-Contractors Copy Pink-Receiving Copy Goldenrod-Department Copy
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 1
Exhibit A: City of-Cupertino General Plan: Citizens Goals Committee
CONSULTING SERVICES AGREEMENT Program
•
THIS AGREEMENT is made and entered into this 3rd day of May 1990, by and
between the City of Cupertino hereinafter referred to as CITY, and MOORE
IACOFANO GOLTSMAN, hereinafter referred to as CONSULTANT.
WITNESSETH
•
In consideration of the mutual promises hereinafter contained, the parties agree
as follows:
1. Scope of Services
In accordance with this agreement, CONSULTANT agrees to assist the City of
Cupertino with the General Plan Citizens Goals Committeete. Specific services
are described in Exhibit A attached.
2. Direction
The CONSULTANT, in performance of the scope of work described above, will
work under the specific direction of the City Planning Director.
3. Compensation
Payment for CONSULTANT services shall be in accordance with the attached
fee schedule included in Exhibit B. The payments specified in Exhibit "B" shall
be the only payments to be made CONSULTANT for services rendered pursuant
to this Agreement. CONSULTANT shall submit all billings for said services to
City in the manner specified in Exhibit"B".
• 4:- • -- Sub-Contractors
CONSULTANT may utilize a professional sub-contractor or sub-contractors to as-
sist in the performance of work under this Agreement.
5 Additional Services
•
In the event the CITY desires to retain the CONSULTANT for the performance of
additional services in connection with this agreement, specification of such addi-
tional services and compensation therefore shall be made only by amendment to
this agreement in accordance with compensation rates to be negotiated at that
time.
•
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 2
6. Independent Contractor
It is specifically understood and agreed that in the making and performance of
this contract, CONSULTANT is an independent contractor and is not and shall
not construed to be an employee, agent or servant of the CITY.
7. Non-Discrimination.
There shall be no discrimination against any employee who is employed in the
work covered by this contract, or against any applicant for such employment be-
cause of race, religion, color, sex, disability or national origin.
8. Consultant Conflict of Interest
The CONSULTANT covenants that he presently has no interest and shall not ac-
quire any interest, direct or indirect, which would conflict in any manner or de-
gree with the performance of services under this Agreement. The
• CONSULTANT further covenants that in the performance-of this contract;no per-
sons having such interest shall be employed.
9. Assignment
The CONSULTANT shall not assign any interest in this contract, and shall not
transfer any interest in the same without the prior written consent of the CITY
thereto.
10. Proprietary Interest
It shall be agreed that the CITY has a proprietary interest in all material prepared
by the CONSULTANT for the CITY and the CITY may, therefore, change any
and all portions.ofthe material prepared. . . .
11. Enforcement of Agreement - Attorney's Fees
In the event it shall become necessary for either party to institute court action to
enforce any of the terms to this Agreement, the prevailing party in such litigation
shall be entitled to recover reasonable attorneys fees.
12. Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 3
1.3 .. ....,Term
This Agreement shall commence upon the date written above and shall have a
term of eight (8) months unless terminated in accordance with Section 14 below.
14. Termination
This Agreement may be terminated by either party at any time upon two weeks
written notice to all parties to this Agreement. The written notice shall state the
reason(s) for termination. At termination, CONSULTANT shall provide to the
CITY All unfinished work products for which the CONSULTANT has been paid.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Agreement as of O
CITY OF CUPERTINO
BY: Veot -f,'
City me,' ��` � CrU P.��.,91 A' e4 -
q
Date: UI .c. I j/��`Ju
MOORE IACOFAN• GOLTSMA
i
BY: 471Ail .:�I/
Consul 7 �
Date: 111„4
� / ' /
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 6
Products
One (1) facilitated Community Vision Workshop
"Environmental Scan" Slide Presentation
Community Vision Workshop Summary Report
Task 3
Conduct Planning Information Workshop
The purpose of the Planning Information Workshop is to provide Committee
members with detailed background information related to specific planning is-
sues. Working with City Planning staff, MIG will prepare a brief slide presenta-
tion and information packet for Committee member review and discussion.
Products
One (1) facilitated Planning Information Workshop
Planning Information Packet
Planning Information Slide Presentation
Planning Information Workshop Summary
Task 4
Conduct Planning Issues Validation Workshop
Citizen Goals Committee members will reconvene at the Planning Issue Valida-
tion Workshop to review and discuss the results of the Community Vision
Workshop and the Planning Information Workshop and to validate the list of plan-
ning issues•identified thus far in the General Plan Review Process.
Products
One (1) facilitated Planning Issues Validation Workshop
Planning Issues Workshop Summary Report
•
Task 5
Conduct Subcommittee Meetings - Rounds 1, 2 and 3
The 106 person committee will be divided into five subcommittees: (i) City Iden-
tity; (ii) Transportation; (iii) Economic Development; (iv) Community Services and
Facilities and (v) Housing and Neighborhood services. Three (3) rounds of sub-
committee meetings will be conducted after the Issues Confirmation workshop to
draft potential General Plan policies based on subcommittee discussions and in-
formation presented by City Planning staff in the Community Vision, Planning In-
formation and Planning Issues Validation workshops.
• City of Cupertino • May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 7
Subcommittee activities may include but not be limited to: formal and informal
presentations or progress reports, group brainstorming, individual or group exer-
cises and prioritization or ranking of issues and goals. Subcommittee par-
ticipants will have an opportunity to record their responses on comment sheets
which will later be analyzed and summarized in the subcommittee meeting
reports.
Working with City Planning staff, MIG will prepare subcommittee meeting hand-
out materials and provide one (1) facilitator and one (1) graphic recorder for each
subcommittee. MIG.will.summarize subcommittee resultsand include . „ . ... . . .
photoreductions of meeting wallgraphics as appropriate.
Products
Three (3) rounds of facilitated subcommittee meetings.
Individual subcommittee meeting summaries.
Task 6
Conduct Full Citizen Goals Committee Meetings#1 and#2
MIG will design and facilitate two (2) Full Committee meetings following Subcom-
mittee Meetings Rounds #1, #2 and #3. Full Committee meetings provide the op-
portunity for all committee members to review, discuss and integrate potential
General Plan policies developed by other subcommittee members. Meetings will
be managedand organized by MIG staff. City Planning staff will be available to
answer any technical information. A second meeting is included in the event that
the full committee needs more time for review and discussion.
Products
Two (2) facilitated Full Committee meetings.
One (1) Full Committee Meetings #1 and #2 Summary
Task 7
Conduct Subcommittee Meetings - Rounds 4 and 5
Committee members will convene for two more rounds of subcommittee meet-
ings following the Full Committee meetings. Two (2) rounds of subcommittee
meetings (same subcommittees as in Task.5) will be conducted to review the
comments from the Full Committee meetings and to revise and finalize draft
potential GeneralPlan policies.
Working with City Planning staff, MIG will prepare subcommittee meeting hand-
outmaterials and provide one (1) facilitator and one (1) graphic recorder for each
subcommittee. MIG will summarize subcommittee results and and include
photoreductions of meeting wallgraphics as appropriate
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 8
Products
Two (2) rounds of facilitated subcommittee meetings.
Individual subcommittee meeting summaries.
Task 8 . ..
Conduct Full Committee Meetings#3 and#4
MIG will design and facilitate two (2) Full Committee meetings following the final
two rounds of subcommittee meetings. The purpose of these Full Committee
meetings is to review, discuss and integrate the work completed by the other sub-
committees. Meetings will be managed and organized by MIG staff. City Plan- .
ning staff will be available to answer any technical information. A second
meeting is included in the event that the full committee needsmoretime for
review and discussion.
Products
Two (2) facilitated Full Committee meetings.
One (1) Full Committee Meetings #3 and #4 Summary
Task 9
Conduct City Staff/MIG Meetings
MIG will meet with City staff to develop the overall strategy and methodology for
the Citizen Goals Committee Program, and coordinate program logistics.as-
sociated with program activities.
Products
Nine (9) City Staff/MIG meetings.
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 9
II. SCOPE OF WORK
An outline of tasks for implementing the Citizen Goals Committee Program for
the City of Cupertino General Plan Review is provided below. The final work
scope will be determined following discussions with City staff and City Council.
Task 1: Develop Citizen Goals Committee Program Scope of Work
1.1 Hold City Staff/MIG meeting to discuss and finalize Citizen
Goals Committee Program scope of work and budget and
prepare for the Community Vision workshop.
1.2 Prepare draft scope of work for Citizen Goals Committee Pro-
gram. Finalize scope after City Planning staff has reviewed.
Task 2: Conduct Community Vision Workshop
2.1 Prepare a brief, 10 minute, "Environmental Scan"slide presenta-
tion which will provide background to committee members on
the General Planning process, planning issues and trends.
2.2 Prepare handout materials for Community Vision Workshop.
2.3 Conduct Community Vision Workshop.
2.4 Prepare a written report of Community Vision Workshop.
Task 3 Conduct Planning Information Workshop
3.1 Hold City Staff/MIG meeting to review the results of Community
.
Vision Workshop.
3.2 Prepare Planning Information Workshop slide presentation and
Information packet. -
3.3 Conduct Planning Information Workshop
Task 4 Conduct Planning Issues Validation Workshop
4.1 Hold City Staff/MIG meeting to review the results of Community
Information Workshop and prepare for the Issues Validation
Workshop.
4.2 Prepare handout materials for Planning Issues Validation
• Workshop.
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 10
4.3 Conduct Planning Issues Validation Workshop.
Task,5 Conduct Subcommittee Meetings - Rounds #1, #2 and #3
5.1 Hold City Staff/MIG meeting to review results of Planning Issues
Validation Workshop and prepare for Subcommittee Meetings
Rounds #1, #2 and #3.
5.2 Conduct briefing with MIG facilitators and recorders in prepara-
tion for subcommittee meetings.
5.3 Prepare handout materials for subcommittee meetings.
5.4 Facilitate and record Subcommittee Meetings - Rounds 41, #2
and #3.
Task 6 Conduct Citizen Goals Full Committee Meetings #1 and #2
6.1 Hold City Staff/MIG meeting to review the results of Subcommit-
tee Meetings - Rounds #1, #2 and #3 and prepare for Full Com-
mittee Meeting #1.
6.2 Prepare handout materials for Full Committee Meetings.
6.3 Conduct Full Committee Meeting #1.
6.4 Hold City Staff/MIG meeting to review the results of Full Commit-
. tee Meeting #1, prepare for follow-up Full-Committee Meeting •
#2, and prepare for the next round of subcommittee meetings.
6.5 Conduct follow-up Full Committee Meeting #2.
6.6 Prepare a written report of Full Committee Meetings #1 and #2.
Task 7 Conduct Subcommittee Meetings - Rounds #4 and #5
7.1 Hold City Staff/MIG meeting to review results of Full Committee
Meetings #1 and #2 and prepare for Subcommittee Meetings
Rounds #4 and #5.
7.2 Conduct briefing with MIG facilitators and recorders in prepara-
tion for subcommittee meetings.
7.3 Prepare handout materials for subcommittee meetings.
City of Cupertino May 1, 1990
Citizen Goal's Committee Contract&Scope of Services Page 11
7.4 Facilitate and record Subcommittee Meetings - Rounds,#4 and. .
#5.
Task 8 Conduct Citizen Goals Full Committee Meetings #3 and #4
8.1 Hold City Staff/MIG meeting to review the results of Subcommit-
tee Meetings - Rounds #4 and #5 and prepare for Full Commit-
tee Meeting #3.
8.2 Prepare handout materials for Full Committee Meetings.
8.3 . Conduct Full Committee Meeting #3. •
8.4 Hold City Staff/MIG meeting to review the results of Full Commit-
tee Meeting #3 and prepare for follow-up Full Committee Meet-
ing #4.
8.5 Conduct follow-up Full Committee Meeting #2.
• - 8.6 Prepare awritten report of Full Committee Meetings #3 and #4.
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 12
III. ESTIMATED BUDGET
Following are the cost estimates for completing the scope of work broken down
by tasks. The.final.work scope and budget will be determined after meeting with
City staff.
Rates used in calculating the professional time costs are:
MIG Principal $ 95/hour
Senior Associate $ 65/hour
Associate $ 50/hour
Support Staff $ 35/hour
PROFESSIONAL TIME COSTS: •.
1.0 Develop Citizen Goals Committee Program
Scope of Work
Principal 4.0 Hours @$95/hr $ 380
Senior Associate 8.0 Hours @$65/hr $ 520
TASK 1.0 ESTIMATED COST $ 900
2.0 Conduct Community Vision Workshop
2.1 Prepare Environmental Scan Slide Presentation
Principal 4.0 Hours @$95/hr $ 380 .
Senior Associate 8.0 Hours @$65/hr $ 520
Support Staff 8.0 Hours @$35/hr $ 280
2.3 Conduct Community Vision Workshop Tasks 2.2 - 2.4
Principal 14.0 Hours @$95/hr $ 1,330
Senior Associate(1) 24.0 Hours @$65/hr $ 1,560
Associates(9) 72:0 Hours @$50/hr $ 3,600
Support Staff 24.0 Hours @$35/hr $ 840
Professional time includes pre-workshop preparation,
. workshop facilitation and graphic recording (9 associates x 8 hrs),,.,,
and post-workshop summary preparation
TASK 2.0 ESTIMATED COST $ 8,510
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 13
3.0 Conduct Planning Information Workshop
3.2 Prepare Planning Information Slide Presentation and Information Packet
Principal 8.0 Hours @$95/hr $ 760
Senior Associate 8.0 Hours @$65/hr $ 520
Associate 8.0 Hours @$50/hr $ 400
3.3 Conduct Planning Information Workshop
Principal 8.0 Hours @$95/hr $ 760
Senior Associate 12.0 Hours @$65/hr $ 780
Support Staff 8.0 Hours @$35/hr $ 280
Professional time includes pre-workshop preparation,
_workshop facilitation and graphic recording -
and post-workshop summary preparation
TASK 3.0 ESTIMATED COST $ 3,500
4.0 Conduct Planning Issues Validation Workshop
, 4.3 Conduct Planning Information Workshop Tasks 4.2, 4.3
Principal 8.0 Hours @$95/hr $ 760
Senior Associate 12.0 Hours @$65/hr $ 780
• Support Staff- • - • 8.0 Hours @$35/hr--• $ 280 • -
Professional time includes pre-workshop preparation,
workshop facilitation and graphic recording
. . .. .and..post-workshop-summary preparation _ . .
TASK 4.0 ESTIMATED COST $ 1,820
5.0 Conduct Subcommittee Meetings - Rounds #1, #2 and #3
5.4 Facilitate and Record Subcommittee Meetings (includes Tasks 5.2, 5.3)
(Per Subcommittee Meeting)
Principal 1.0 Hour @$95/hr $ 95
Senior Associate 1.0 Hour @$65/hr $ 65
Associate 12.0 Hours @$50/hr $ 600
• • • Support Staff • 8.0 Hours @$35/hr $ 280 •
Professional time includes pre-meeting preparation,
meeting facilitation and graphic recording
and post-meeting summary preparation
15 subcommittee meetings
(3 rounds x 5 mtgs/round) @ $1,040/meeting $15,600
TASK 5.0 ESTIMATED COST $15,600
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 14
6.0 Conduct Full Committee Meetings #1 and #2
, 6.3 Conduct Full Committee Meeting #1 (includes Task 6.2)
Principal 6.0 Hours @$95/hr $ 570
Senior Associate(1) 8.0 Hours @$65/hr $ 520
Associates(9)• • 54,0 Hours @$50/hr • $ 2,700 - •
Support Staff 16.0 Hours 6 $35/hr $ 560
Professional time includes pre-meeting preparation,
-. , .meeting facilitation.and graphic recording - • , _
and post-meeting summary preparation
Estimated Full Committee Meeting #1 Cost $ 4,350
6.5 Conduct Full Committee Meeting #2 (includes Task 6.6)
Principal 8.0 Hours @$95/hr $ 760
Senior Associate 12.0 Hours @a $65/hr $ 780
Support Staff 8.0 Hours @$35/hr $ 280
Professional lime includes pre-meeting preparation,
meeting facilitation and graphic recording
and post-meeting summary preparation
Estimated Full Committee Meeting #2 Cost $ 1,820
TASK 6.0 ESTIMATED COST $ 6,170
7.0 Conduct Subcommittee Meetings - Rounds #4 and #5
7.4 Facilitate and Record Subcommittee Meetings (includes Tasks 7.2, 7.3)
(Cost Per Subcommittee Meeting)
Principal 1.0 Hours @$95/hr $ 95
Senior Associate 1.0 Hours @$65/hr $ 65
Associate 12.0 Hours 0$50/hr $ 600
Support Staff 8.0 Hours r?a $35/hr $ 280
Professional time includes pre-meeting preparation,
meeting facilitation and graphic recording
and post-meeting summary preparation •
1.0 subcommittee meetings
(2 rounds x 5 mtgs/round) @ $1,040/meeting $10,400
TASK 7.0 ESTIMATED COST $10,400
•
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 15
8.0 Conduct Full Committee Meetings#3 and #4
8.3 Conduct Full Committee Meeting #3 (includes Task 8.2)
Principal 6.0 Hours @$95/hr $ 570
SeniorAssociate'(1) 8.0 Hours @$65/hr— $ 520
Associates(9) 54.0 Hours @$50/hr $ 2,700
Support Staff 16.0 Hours $35/hr $ 560
Professional time includes pre-meeting preparation,
meeting facilitation and graphic recording
and post-meeting summary preparation
Estimated Full Committee Meeting #3 Cost - $ 4,350
8.5 Conduct Full Committee Meeting #4 (includes Task 8.6)
Principal 8.0 Hours @$95/hr $ 760
Senior Associate 12.0 Hours @$65/hr $ 780
Support Staff 8.0 Hours @$35/hr $ 280
Professional time includes pre-meeting preparation,
meeting facilitation and graphic recording
and post-meeting summary preparation
Estimated Full Committee Meeting #4 Cost $ 1,820
TASK 8.0 ESTIMATED COST $ 6,170
9.0 Conduct Staff/MIG Meetings
(Includes Tasks 1.1, 3.1, 4.1. 5.1 , 6.1, 6.4, 7.1, 8.1 and 8.4)
Principal 40 Hours @$95/hr $ 380
$380 per meeting @ 9 meetings $ 3,420
TASK 9.0 ESTIMATED COST $ 3,420
' TOTAL PROFESSIONAL TIME COSTS: $56,490
City of Cupertino May 1, 1990
Citizen Goals Committee Contract&Scope of Services Page 16
BUDGET SUMMARY
Task Professional Time
1 Develop Scope of Work $ 900
2 Conduct Community Vision Workshop $ 8,510
3. Conduct Planning Information Workshop $ 3,500
4. Conduct Planning Issues Validation Workshop $ 1,820
5. Conduct Subcommittee Meetings- Rnds #1, #2, #3 $15,600
6. Conduct Full Citizen Goals Committee Meetings#1, #2 $ 6,170
7. Conduct Subcommittee Meetings- Rnds#4 , #5 $10,400
8. Conduct Full Citizen Goals Committee Meetings#3, #4 $ 6,170
9. Conduct City Staff/MIG Meetings $ 3,420
PROFESSIONAL TIME COSTS $56,490
OTHER COSTS:
Graphics Materials for Information Packet $ 250
35mm Slides $ 500
• 'Meeting/WorkshopSupplies/Photoreductions $1,200
Photocopies of handouts $2,000
Telephone $ 500
FAX $ 500
Courier/Federal Express $ 500
Travel Expenses $1,200
TOTAL OTHER COSTS: $6,650
• PROGRAM BUDGET: $63;140