10-017 E. Wagner and Associates, Inc., Financial Advisory AGREEMENT
CITY OF CUPERTINO
ci o ,� / �' 10300 Torre Avenue •
Cupertfl �g
3 [ ( Cu erti 7 T7- 2 9 0 014 NO. (e2
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BY THIS AGREEMENT made and entered into on the _ ( TN • day of MA2c...H a 010 .
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) E. Wagner & Associates, Inc. (2)
Address 5424 Sunol Blvd. , #10- 25bitypjeasanton, CA Zip 94566 Phone (925) 416 -1200
(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:
Financial. Advisory Services •
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Ex. A Scope of Services
TERMS: The services and /or materials furnished under this Agreement shall commence on t1A2Ghf /6 ZD(c
and shall be completed before APQ I L 3 0 1 2 / C3
COMPENSATION: For the full performance of this Agreement, CITY stall pay CONTRACTOR:
Total compensation will not exceed. tor Phase 1, see ':Exhibit B
GENER.ALTERMS AND CONDITIONS --- - --
Hold`Harmless. Contractor agrees to save and hold harmless the City, Its officers, agents and employees' any
and all damage and liability of every nature 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.
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 thls 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:
DI k,U
NAME David Woo, Director of Finance DEPARTMENT Finance +
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 OF CUPERTINO:
By
/ `r 8 y.
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Title Pre s is d fi Title .. /h e:n ..5-P- ,Lti
APPROVALS EXPENDITURE DISTRIBUTION
DEPA ENT HEAD DATE ACCOUNT NUMBER AMOUNT
4> C dr/ i;: 3 b -/D 110-4000-7 1 2500,00
CITY CL 'K • DATE f i
Exhibit B
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Financial Advisory Fees billed on a time and materials basis
Labor
President $200, 00/hoir
Analyst 150.00/hour
Banking Assistant 85.00/lipur
Direct Reimbursements:
Computer Time & Expenses at cost plus labor (at Analyst rate)
Personal Auto Mileage $.50 /mile plus labor (at President rate)
Printout (fax, emails, etc.) $1.00 /page
Air Fare, Auto Rental,
Telecommunications,
Postage, etc. at cost
Contract is for 25 hours of financial advisory work at $200 per hour for a not to exceed
amount of $5,000. Consultant will not exceed this contract amount without prior written
approval by the Director of Finance and further amendment to this contract.
4
Exhibit A
Scope of Services
The following is a listing of the scope of services to be provided by E. Wagner & Associates,
Inc..
Task Description
Task 1 • Develop a Plan of Finance.
— Outline overall project costs based on information provided by City Staff.
— Review and analyze all available dia and information.
— Review, compare, and recommend financing structure;
competitive/negotiated Certificates of Participation; internal financing;
private placement; manufacturer's financing; and/or bank financing
(SunTrust).
— Determine bonding capacity based on identifiable revenue stream, etc.
— Advise staff on existing and potential laws and regulations that may affect
the financing.
Task 2 • Prepare a written report of the Plan of Finance.
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