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03-097 Concuru3-oq'1 ~. ~~ 1. CITY OF CUPER~TINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 3z~d by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) CONCUR, Inc . _ (2) Address 1832 Second Street City BeYkeley, CA Zip 94710 Phone (510) 649-8008 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish theMfollowing specified services and/or materials: Convene and Facilitate EXHIBITS: Theoi~o~lowrng attac4ie~ ezhi~its heere~y ~re made part of this Agreement: Exhibit A-CONCUR Level of Effort TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on September 3, 2003 and shall be completed before June 30, 2004 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount Not to Exceed $155 , 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 Ciiy, 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 liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions Insurance: Should the City require evidence of insurability, Contract~~r shall file with Ciry 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 withcut 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 A. Qualls, Jr. _ DEPARTMENT Public Works This Agreement shall become effective upon its execution by I:,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY UPERTINO: .~ By ~~it3 ~- E3y Title 1~f ~' ~~ l~itle `Director of Public Work Soc. Sec. # Tax ID 94-3 0023 ~Tr+j~ APPROVALS __ /1 - ~ i EXPENDITURE DISTRIBUTION T H D ACCOUNT NUMBER AMOUNT CITY C RK p D 0 6 `~ y~' c NO. day of September , 2p 03 , W ite: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department CONCUR Level of Effort SCVWD Stream Resource Protection Collaborative Phase II August 1, 2003-July 30, 2004 Task Description Personnel Rate Hours Total Task 1 : Convene and Facilitate Four Collaborative Meetings 1 a. Prepare or and Conduct Up to Srx Planning Teleconferences with Convenors and Steering Committee between Meetings rincipal 178.50 6 2,856.00 Associate $147.00 16 $2,352.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $5,208.00 1 b. Track Status of Actions by Governing Boards, Update Website Principal $178.50 2 $357.00 Associate $147.00 16 $2,352.00 Project Assistant $90.00 4 $360.00 Subtask Subtotal $3,069.00 1 c. Prepare and Distribute Agenda and Materials for Four Collaborative Meetings Principal $178.50 8 $1,428.00 Associate $147.00 24 $3,528.00 Project Assistant $90.00 4 $360.00 Subtask Subtotal $5,316.00 1 d. Convene and Facilitate Four Collaborative Meetings, including Set Up and Take Down Principal $178.50 40 $7,140.00 Associate $147.00 40 $5,880.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $13,020.00 1 e. Prepare and Distribute Summary of Four Collaborative Meetings Principal $178.50 32 $5,712.00 Associate $147.00 96 $14,112.00 Project Assistant $90.00 1 $90.00 Subtask Subtotal $19,914.00 1 f. Prepare and Post Web Summary of Four Collaborative Meetings Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 8 $720.00 Subtask Subtotal $720.00 as n tota $47,247:00 'P=Principal; A=Associate; PA=Project Assistant Prepared by CONCUR, Inc. 8/14/03 1 of 3 Task 4: Convene acid .Facilitate Guidelines and Standards Meetings 4a. Prepare and Distribute Agenda and Materials for Guidelines and Standards Meetings Principal $178.50 6 $1,071.00 Associate $147.00 18 $2,646.00 Pro'ect Assistant $90.00 3 $270.00 Subtask Subtotal $3,987.00 4b. Conduct Guidelines and Standards Meetings between Collaborative Meetings Principal $178.50 36 $6,426.00 Associate $147.00 108 $15,876.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $22,302.00 4c. Prepare and Distribute Summaries of Guidelines and Standards Meetings Principal $178.50 24 $4,284.00 Associate $147.00 72 $10,584.00 Pro'ect Assistant $90.00 3 $270.00 Subtask Subtotal $15,138.00 4d. Prepare and Post Web Summary of Strategic Planning Meetings Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 8 $720.00 Subtask Subtotal $720.00 as u Iota $42,147_:00 Professional Services Subtotal $150;1.68.00 Irect xpenses Telecommunications (Conference Calls, Faxes) $3,500.00 Copying, Express Mail $500.00 Roundtrip Travel to Meeting (Berkeley to Cupertino ~~nd Scott's Valley ito Cupertino) $832.00 SuoLOtal $4,832.00 TOTAL'': 8155,000.00 Prepared by CONCUR, Inc. 8/14/03 3 of 3