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08-050, Michael FornalskiCity o Cupertin /r~" AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. ~Z ~S_`~/ BY THIS AGREEMENT made and entered into on the ~ ~ ~ day of ~ ~Ay #9~ Zook' by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) MIC~~tAE~ ~'c~RNALSKf (2) Address ~tOD (N11SHinlC~Tp/V BLvD City 1=~EMON>` Zip ` S.~yphone slo-zsz-ozorf (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: fMAC~t:S ~ iwvST2lkTlr~5 ~-p~ N'L--AP`T OF ~ti-t-~ C1T~ SPEIUFIG PL~IN~ l-ft Y~ V .T a F D O CAL"h-1 E N "T" EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ~XNr817 ~- TERMS: The services and/or materials furnished under this Agreement shall commence on ~~ ~~~ 208 and shall be completed before 6/3~Zvos -~- COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: N ~T TO ExLE~.D ~ l 3Zc~ ENTERED 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 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. Nodiscrimination 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 bean 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 ~lU ~N'OS'r-k- DEPARTMENT hf.A~~~IINC~ DEP-C . 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: gy s,~ rz./ ~ Title ~u,v~m, Soc. Sec. # - - [ APPROVA CITY OF CUPERTINO: ~/'~..~ By. Title q~~"ST~)t ~~~~. EXPENDITURE DISTRIBUTION DEP T DATE ACCOUNT NUMBER AMOUNT 5 ~ ~ D ! I D - 7 ~ - 7.4~f---- 3~~ . 00 CITY K ~ DATE f .- - ~ " r+rrv ri cow nnov Piu Ghosh From: Michael Fornalski [mfornalski@mindspring.com] Sent: Thursday, May 08, 2008 3:10 PM To: Piu Ghosh Subject: Heart of the City Specific Plan estimate Piu, Here is my estimate for reworking the Heart of the City plan. EXHIBIT A I'm assuming a 40-page document, loosely styled after the General Plan (without the number of graphical embellishments the Plan has), and including three primary illustrations, plus one pick-up from the existing and possibly some additional photos. The illustrations are the Heart of the City Land Use Map (derived from the GP Community Form map), the Streetscape Concept Plan (vastly simplified from the current version) and the Residential/Retail Mixed Use Development pictorial diagram (annotations and details overlaid on photos or CAD images you supply). Tasks included in this estimate include format design, text and graphics preparation, photo prep if necessary, assembly of all elements into a master document (in either QuarkXPress or Adobe InDesign), electronic (PDF) review copies, one or two rounds of revisions/corrections as necessary, and final delivery of a high resolution PDF for printing, a lower resolution PDF for posting to the City's web site, and editable originals of all files. This estimate does not include submission of design comps, proofs, or finals in tangible (i.e. printed) form, creating new or revising existing pictorial illustrations of structures or developments, or taking any photographs. My estimate for this project is $1320.00, which is 22 hours at my usual $60/hr. rate. If I deliver any material in tangible form (prints, CDs, etc.) the project becomes taxable. If all deliveries are via email or other similar electronic transfer, the project is not taxable. My terms are, as always, net thirty. I can start immediately, but I can't tell you when I will finish without knowing when I will have all working materials in-hand. I will work towards making the two dates you mentioned (the 10th and 17th) and, assuming timely receipt of working materials, those dates should be achievable considering the modest scope of this project. Thank you for asking me to estimate this project. I look forward to starting as soon as possible Michael Fornalski 900 Washington Blvd. Fremont, CA 94539 510-252-0204 m_i_chae_ l~fornalski.com 5/15/2008