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04-107 Concur, IncA ~. ~~~ '- cyj CUPE~TI~1~ AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 30th by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) CO~CTTR, inc_ _ (2) Address 1832-2nd Street City Berl~eley, CA Zip 94710 Phone (~10) 649-8008 (Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Professional services -Bridge Scope EXHIBITS: The following attached exhibits hereby are made part of ':his Agreement: Exhibit A-Proposed Scope & Budget TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on August 9 , 2004 and shall be completed before September 7 , 2004 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $15, 000 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability,~including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liabl for acts of Contractor in performing services described herein. -~ due to negligence, errors and omissi~~ns Insurance: Should the City require evidence of insurability, Contract~~r 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 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. 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. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Ralph Qualls NO. a PUB~~~ ~~ ;~~~ F ,~ ~~18~1 'rst day of September , 20 Qom, DEPARTMENT Public Works 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: C-1TY OF CUPERTINO: Title ~ G Title Soc. Sec. # Tax I APPROVALS EXPENDITURE DISTRIBUTION DEP TM HE ~TE7~1'7 /"~ ACCOUNT NUMBER AMOUNT L - ~ ;((mil [ (J - - / LERK `D ~ I ~ ~D I G ]j' ~ I ite: City Clerk Green: Finance Yellow: Contractor ink: Receiving Gold: Department Proposed Scope and Budget CONCUR Level of Effort Santa Clara Valley Water Resource Protection Collaborative August 9 -September 7, 2004 !. _, v• Task Description Personnel Rate Hours Total Task 1: Convene and Facilitate Six Collaborative IVleetin s a. repare or, on uc , e rle Ix Planning Teleconferences with Steering Committee(Call to focus on Presentation to District Board and Preparation for Comparison Exercise) rinci al 178.50 5 892.5 Associate $147.00 3 $441.0 Pro'ect Assistant $90.p0 0 $0.00 Subtask Subtotal $1,333.5 1 oor mate an support presentations of Collaborative members to SCVWD Board Princi al $178.50 12 $2,142.0 Associate $147.00 12 $1,764.0 Pro'ect Assistant $90.00 4 $360.0 Subtask Subtotal $4,266.0 1 c. onvene an Facl hate Ix Collaborative Meetings, including Set Up and Take Down Princi al $178.50 0 $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 1 d. Draft briefing memo after SCV Board hearing Princi al $178.50 4 $714.0 Associate $147.00 2 $294.0 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $1,008.0 e. repare or, ra an Is rl u e agenda, facilitate, debrief and preps summary memo for meeting with City/County Caucus and Senior District Staff rinci al 178.50 0 0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtotal $0.00 Ina Ize summary o agreements, with Resolution of Consensus, after 8/5 ratification, and distribute to Collaborative members rinci al 178.50 3 535.5 Associate $147.00 3 $441.0 Pro'ect Assistant $90.00 5 $450.0 Subtask Subtotal $1,426.5 as u tots $6;607:!.50 Prepared by CONCUR, Inc. 9/29/04 Page 1 Task 2: Coordination, Communication, Updatin Ur anizational Documents, Website Postin s a. one consu a Ions, Iscusslon and strategic planning communications between meetings, with Collaborative and Work Team members, District Staff and Work Team consultants rinci al 178.50 2 2,142.0 Associate $147.00 9 $1,323.0 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $3,465.0 2b. Update Tasking Memo, Meeting Schedule and Summary of Ratified a Pending Work Products, after each Collaborative and Work Team Meetin d rinci al 178.50 1 178.5 Associate $147.00 1 $147.0 Pro'ect Assistant $90.00 O $0.00 Subtask Subtotal $325.5 2c. Prepare and Post Agenda, Key Outcomes Memos and Agreement Princi al $178.50 0 $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 1.5 $135.0 Subtask Subtotal $135.0 as u tota $3,925;50 Prepared by CONCUR, Inc. 9/29/04 Page 2 Task 3: Convene and Facilitate Six Strate ies and Tools Work Team Meetin s' 3a. Prepare and distribute agenda a materials for Guidelines and Standar meeting and orientation meetin~No Chap 7 meeting in August, efforts to focus on conducting strategic planning and preparing materials for city/county comparison analysis,) Princi al $178.50 6 $1,071.0 Associate $147.00 12 $1,764.0 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $2,835.0 nve I e + meeting and orientation meetin~jNo Chap 7 mtg, but will include preparation of orientation meeting for city reps and development of standard presentations for governing boards and legal counsels) Princi al $178.50 8 $1,428.0 Associate $147.00 18 $2,646.0 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $4,074.0 3c. Draft, revise and distribute KOM; develop stepwise plan for compariso of local practice with proposed G+S' Princi al $178.50 O $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 as u o a 6,909.00 Tas 3 oes not Inc u e Rlg t I e +T -Estimate a ort or managing that tas Is re lecte in Task 3.5. Task 3.5: Facilitate and Liason with Ri ht Side Strate. ies and Tools Work Team . a. repave an Istrl ute gen and Materials for Right Side Strategi and Tools Meetings Princi al $178.50 0 $0.00 Associate $147.00 0 $0.00 Pro~ect Assistant $90.00 O $0.00 Subtask Subtotal $0.00 3.5 onvene an Facl hate Rlg t Side Strategies and Tools Work Tea Meetings Princi al $178.50 O $0.00 Associate $147.00 0 $0.00 Pro~ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 3.5c. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Work Team meetin 9rinci al $1 78.50 O $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Sut~total $0.00 as u o a 0.00 Prepared by CONCUR, Inc. 9/29/04 Page 3 as 4: rgarnze, ecrult, onvehe an acl hate ree ompre enswe an ore roup Meetings' a. arry ut an oor mate Formation and Recruitment of Core Team Members; Draft Final Team Roster rinci al 178.50 0 0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 4 .Prepare an Dlstrl ute Agen as, Attachments for Three Core Group Meetings Princi al $178.50 O $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtotal $0.00 4c. Convene and Facilitate Three Co Group Meetings Princi al $178.50 0 $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 ra t, eer evlew, evlse, Finalize, Distribute Key Outcomes Memoranda from Three Core Group Meetings rinci al 178.50 0 0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 as 4 u tota $0.00 Prepared by CONCUR, Inc. 9/29/04 Page 4 Task 5: Or anize, Recruit, Convene and Facilitate Three Liaison Group Meetin s a. rganlze, orm Oster, repave and Distribute Agendas and Attachments for Three Liaison Grou Meetings rinci al 178.50 O 0.00 Associate $147.00 O $0.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 5b. Convene and Facilitate Three Liason Group Meetings Princi al $178.50 O $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 O $0.00 Subtask Subtotal $0.00 c. ra t, eer evlew, evlse, Finalize, Distribute Key Outcomes Memoranda from Three Liason Group Meetings rinci al 178.50 0 0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 as u tota $0.00 Task 6: Or anize, Recruit, Convene and_Facilitate Pilot Projects a. ra t, Istn ute an summarize results from survey; draft and distribute agenda for Pilot Project Work Team teleconference rinci al 178.50 0 0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 6b. Convene and Facilitate Three Pil Project Meetings Princi al $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 6c. Dra t an Istrl ute K M wlt ne steps based on meeting and survey results Princi al $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 as u o a $0.:00 Prepared by CONCUR, Inc. 9/29/04 Page 5 as rgarnze, ecrult, onvene an acs state vro nstrtutlona rrangements or eam Meetin s 7a. Organize, Form Roster, Prepare and Distribute Agendas and Attachments for Two Institutional Arrangements Work Team Meetings Prince al $178.50 0 $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 O $0.00 Subtask Sulbtotal $0.00 7b. onvene and Facl hate Two Institutional Arrangements Work Tea Meetings Princi al $178.50 0 $0.00 Associate $147.00 O $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 c. ra u Ine an emo ecor In Recommendations of Work Team For and Function of Governing Body; Pee Review, Revise, Receive Comments from Work Team members; Present Collaborative Princi al $178.50 O $0.00 Associate $147.00 O $0.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 as u tota $0.00 Subtotals by Staff Principal $178.50 51.00 $9,103.5 Associate $147.00 60.00 $8,820.0 Pro'ect Assistant $90.00 10.50 $945.0 Professional Services Subtotal 121.5 $18,868.50 erect xpenses Telecommunications (Phone, Conference Calls, F~Ixes) Copying, Express Mail Roundtrip Travel to Meetings (Berkeley to San Jose and Santa Cn to San Jose) $100.0 $50.0 $100.0 u tota $250.00 TOTAL $19,1 18.50 Amount Remainin on Previous Scope: -$4,151.7 Adjusted Total Amount needed for Aug-:Sept. $14,966.75 Prepared by CONCUR, Inc. 9/29/04 Page 6