05-004, Eileen Goodwin
Feb 15 05 12:03p
Eileen Goodwin
831-460-1420
p.2
AGREEMENT
CITY OF CUPERTINO
1 0300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
tJ3 / R-;9cF
NO.
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BY THIS AGREEMENT, made and entered into this 14th day of February, 2005, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Eileen Goodwin, d_b.a. Apex Strategies, Att.: Eileen Goodwin,
Principal, Address 111 Nanna Court, Santa Cruz, CA 95060, Phone: (831) 460-1530, e-mail:
apexstr@pacbell.net
(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:
Develop Public Meeting Strategies and Conduct Public Meetings for the Mary Avenue Bicycle Pedestrian
Bridge
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT "An: Professional Services Fees Sheet
TERMS: The services and/or materials furnished under this Agreement shall commence on February 18, 2005
and shall be completed before June 30,2005.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on T&M with a maximum not to exceed of $10,000.00
California Labor Code, SecUon 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 Ihe City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, incruding 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 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 Agreemenl 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: Terry W. Greene, AlA
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.
~
CITY OF CUPERTINO:
By
Terry W. Greene, AlA, City Architect
EXPENDITURE DISTRIBUTION
. J ER
110-8101-7014
$10,000.00
.,.IXHIBITA
APEX STRATEGIES
EILEEN O. GOODWIN
111 Nanna Court
Santa Cruz, CA 95060
(831) 460-1530
Principal
PROFESSIONAL SERVICE FEES
January 1, 2005 - December 31 , 2005
PERSONNEL
HOURLY RATES/FEES
APEX STRATEGIES
Principal
$175.00
Charges for outside services, equipment, and facilities not furnished directly by Apex
Strategies will be billed at cost plus 10%. Such charges may include, but shall not be
limited to printing, reproduction services; computer and graphic layout; shipping,
delivery, and courier charges; additional subconsultant fees; subconsultant expenses;
special fees, permits and insurance; transportation on public carriers, meals, lodging
and consumable materials. Mileage will be charged at the federal rate per mile.
Monthly invoices are due within 30 days from invoice date. Interest will be charged at
.833% per month on past due accounts.