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90-021 Moore Iacofano Goltsman; Services to Citizens Goals Committee ACCOUNT NO. CONTRACT AMOUNT $74,198 PURCHASE ORDER NO. ; O Z615 !. is AGREEMENT THIS AGREEMENT, made and entered into this day of , 1993,by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY", and Moore, Iacofano Goltsman, Inc., with offices at 1802 Fifth Street,Berkeley, California, 94710 hereinafter referred to as"CONTRACTOR"; WITNESSETH: WHEREAS, CITY desires to retain services in conjunction with a design charette;and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW,THEREFORE,in consideration of their mutual covenants,the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. 2. PROJECT COORDINATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Ciddy Wordell is hereby designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement. U C (b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall respon'Sibility for the progress and execution of this agreement for CONTRACTOR. Michae(Freedmatr hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER Moore,Iacofano Goltsman, Inc. •Page 2 (c) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below: Briefing Book 300.00 Tour Guidebook 2,200.00 Slide Presentation 670.00 Facilitation 4.028.00 7,198.00 (d) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself filly informed of all existing and future federal, state, and local laws,ordinances,regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR's performance under this agreement,or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws,ordinances, regulations,orders,and decrees mentioned above; (4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors,if any,under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. (d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S cost. (e) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR the total sum of Seven Thousand One Hundred Seventy Eight(7A78) 7 r 5. DUTIES OF CITY. City shall provide staff time,background materials and other available information. 6. TERM. The services to be performed hereunder shall commence on September 1, 1993, and shall be completed by November 30, 1993. 7. TEMPORARY SUSPENSION. The City Manger shall have the authority to suspend this agreement,wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this agreement. 8. EXTENSION OF TERM. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. • Moore, Iacofano Goltsman,Inc. Page 3 9. SUSPENSION;TERMINATION. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of incomplete materials or for CITY'S use of complete documents if used for other than the project contemplated by this agreement. 10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed. 11. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONTRACTOR's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement. 12. ASSIGNMENT; SUBCONTRACTORS;EMPLOYEES. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right,title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors. It is agreed that this agreement is for the personal services of Keyser Marston Associates, Inc., and cannot be performed by any other person or organization. (b) Subcontractors; Employees. CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subcontractors,if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the PROJECT MANAGER Moore,Iacofano Coltman,Inc. Page 4 13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Tone Avenue Cupertino, CA 95014-0580 TO CONTRACTOR: Attention of the PROJECT DIRECTOR at the address of CONTRACTOR recited above. 14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONTRACTOR, caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of CONTRACTORS or any subcontractor's employees or agents. (b) Any any all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of city,its officers,agents,or employees; (c) Any and all penalities imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. (d) The CONTRACTOR is not responsible for the accuracy of date from sources other than his/her own or from conclusions reached as a result of utilizing information supplied by third persons. 16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such Moore,Iacofano Goltsman,Inc. Page 5 cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 18. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind,the heirs, successors, executors, administrators,assigns, and subcontractors of both parties. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance,or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 20. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys'fees expended in connection with such an action from the other party. 21. NONDISCRIMINATION. 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. If the value of this agreement is, or may be,Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance Report--Nondiscrimination Provisions of City of Cupertino Contracts"on the form furnished by CITY. If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement,it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the - amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract,or both. 22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. Moore,Iacofano Goltsman, Inc. Page 6 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement the day and year first above written. Al PEST: CITY OF CUPERTINO City Clerk Mayor APPROVED AS TO FORM: i City Attorney Project Manager '._ MOORa.lAw1AIVO COI+ShVw/LI . /4; ll Gal 'n,u/1' Contractor Name Qe;piupM/ of I B 02- Address 2Address g_n ickt c4 q q-i'c S o Vi s- 79'19 Telephone PK- Zgssoiq Social Security number Tax I.D. numbmL) g/mm/misc/iacofano r ACCOUNT NO. CONTRACT AMOUNT $3,234.00 PURCHASE ORDER NO. 0 2 8 1;t f„ P AGREEMENT THIS AGREEMENT,made and entered into this 1 day of July 1993,by and between the CITY OF CUPERTINO,a municipal corporation of California,hereinafter referred to as"CITY",Moore,Iacofano Goltsman,Inc.,with offices at 1802 Fifth Street,Berkeley, California, 94710 hereinafter referred to as"CONTRACTOR"; ' WITNESSETH: WHEREAS, CITY desires to retain services in conjunction with a design charette;and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW,THEREFORE,in consideration of their mutual covenants,the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term"City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term"City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. 2. PROJECT COORDINATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Ciddy Wordell is hereby designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement. (b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. Daniel Iacofano hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER Agreement for Design Charette Moore, Iacofano, Goltsman,Inc. Page-2- 3. DUTIES OF CONTRACTOR (a) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below: (1) See attached proposal (Exhibit A: Faciliation Services Task 1.0)to provide facilitation services, dated June 14, 1993. (b) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with,all of said laws,ordinances,regulations,orders,and decrees mentioned above; (4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors,if any,under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. (d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTORS cost. (e) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR the total sum of Three Thousand,Three hundred and thirty four dollars(3,334),payable as follows: Professional Time Principal: 18.0 Hours @ 110.00/hr. $1,980.00 Project Associate 18.0 Hours @ 65.00/hr. 1,170.00 Direct Costs Travel(300 miles @ 0.28/mile) 84.00 Task 1 Estimated Cost: $3,234.00 Agreement for Design Charette Moore, Iacofano, Goltsman,Inc. Page-3- 5. DUTIES OF CITY. City shall provide staff time,background materials and other available information. 6. TERM. The services to be performed hereunder shall commence on July 1, 1993, and shall be completed by November 30, 1993. 7. TEMPORARY SUSPENSION. The City Manger shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this agreement. 8. EXTENSION OF TERM. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. 9. SUSPENSION;TERMINATION. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project contemplated by this agreement. 10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed. 11. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONTRACTOR's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement. 12. ASSIGNMENT; SUBCONTRACTORS;EMPLOYEES. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors. It is agreed that this agreement is for the personal services of Keyser Marston Associates, Inc.,and cannot be performed by any other person or organization. Agreement for Design Charette Moore,Iacofano,Goltsman,Inc. Page-4- (b) Subcontractors; Employees. CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as such; rather,all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subcontractors, if any,and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the PROJECT MANAGER 13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Tone Avenue Cupertino, CA 95014-0580 TO CONTRACTOR: Attention of the PROJECT DIRECTOR at the address of CONTRACTOR recited above. 14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONTRACTOR, caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or agents. (b) Any any all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of city,its officers,agents,or employees; (c) Any and all penalities imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. (d) The CONTRACTOR is not responsible for the accuracy of date from sources other than his/her own or from conclusions reached as a result of utilizing information supplied by third persons. 16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. Agreement for Design Charette Moore, Iacofano, Goltsman,Inc. Page-5- 17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 18. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind,the heirs,successors,executors, administrators,assigns,and subcontractors of both parties. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance,or law or of any subsequent breach or violation of the same or of any other term, covenant,condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 20. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys'fees expended in connection with such an action from the other party. 21. NONDISCRIMINATION. 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. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance Report--Nondiscrimination Provisions of City of Cupertino Contracts"on the form furnished by CITY. If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement,it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against,as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract,or both. 22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations,or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. Agreement for Design Charette Moore,Iacofano, Goltsman,Inc. Page-6- IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement the day and year first above written. ATTEST: CITY OF CUPERTINO City Clerk Mayor6C /n 17 APPROVED AS TO FORM: C l ' """ rty AttorneyProject Manager Kooist .Skcof Anio ciol{3tt, 4 / Contractor Name � c 1 C • I t02- Fr f *. S4,'2a,- SealaAe-bvCA itzso Address Sic 11IS-7549 Telephone 614 - 2'15S019 Social Security number or Tax I.D.number Incorporated Planning - ' Design Cr-^muni<alions June 14,1993 r emenl Robert Cowan,Community Development Director JUN 15 1993 City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 Dear Bob: Thank you for contacting us in relation to your proposed design charette for Stevens Creek Boulevard, "The Heart of the City." MIG has designed,managed and participated in many intensive design charettes including pro- jects for the cities of Brea,Phoenix,San Rafael,Berkeley and Los Angeles. We have extensive experience in managing and facilitating meetings for a wide range of community planning and design projects and scales. Working as a team with City staff, we are confidant in our ability to provide the City of Cupertino with a creative,hands-on and well-managed process leading to a concept plan for the Stevens Creek Boulevard area. Based on our discussions,I am enclosing a preliminary draft scope of services for assisting the City of Cupertino in the management and facilitation of the design charette. This scope of work is preliminary and I look forward to your continents and suggestions. The scope of work is organized into four(4) tasks. • i. -.7 • CITY OF CUPERTINO Facilitation Services for the Stevens Creek Boulevard Design Charette TASK 1.0 WORKING SESSIONS WITH CITY STAFF TO PREPARE FOR THE DESIGN CHARETTE MIG will attend and participate in three (3) working sessions with City staff prior to the design charette to refine the goals and objectives for the event,plan agendas,outline and develop brief- ing materials,organize logistics and prepare work schedules and timelines. Professional Time Principal: 18.0 Hours @$110.00/Hour $1,980.00 Project Associate: 18.0 Hours @$65.00/Hour $1,170.00 Direct Costs Travel (300 miles @$0.28/mile) 84.00 Task 1 Estimated Cost: $3,234.00 1 802 hum street TASK 2.0 DEVELOPMENT OF BRIEFING MATERIALS Y CA MIG will assist staff in preparing briefing materials for participants in the design charette in- 510/845.7549 eluding but not limited to participant binders,agendas,comment sheets,maps,illustrations, graphics,slides, models, existing conditions (e.g., traffic) data,etc. The actual media to be used Other Offices Eugene OR Raleigh NC Bob Cowan Stevens Creek Boulevard June 14, 1993 , • City of Cupertino Design Charette Paget will be identified during the staff working sessions(Task 1). A division of labor between City staff and MIG staff will also be determined at the working sessions to identify team assignments and responsibilities for preparation of these materials. The time and cost estimates below will be refined upon further specification of work products by the City. These estimates assume pro- duction of: (i) participant binders; (ii) agenda,comment sheets and handouts (factual informa- tion about the area,etc.); (iii) one hundred or two hundred scale base maps; (iv)rough working model of the project area; (v)and 35 mm slides of the project area. Professional Time Principal: 16.0 Hours @$110.00/Hour $ 1,760.00 Project Associate: 16.0 Hours @$65.00/Hour $1,040.00 Graphics Production Staff: 80.0 Hours @$45.00/Hour $3,600.00 Support Staff: 40.0 Hours @$35.00/Hour $1,400.00 Direct Costs Supplies and materials 750.00 Travel(200 miles @$0.28/mile) 56.00 Task 2 Estimated Cost: $8,606.00 TASK 3.0 DESIGN CHARETTE FACILITATION ( MIG will provide a facilitator(Daniel Iacofano)and a graphic recorder/facilitator assistant to manage and facilitate the design charette process. Two (2) full days of design charette time are assumed. Professional time includes set-up and clean-up time. The design charette will be guided by the following concepts: Agenda. Ideally,the charette would begin Friday night with a welcome and introduction, and a slide presentation of the area. General planning and design concepts will be introduced to stimulate creative thinking. An opportunity exists for participant (and public) input on a con- cept or"goal" level. Options for Saturday morning include a walking/driving tour of the study area or task groups may be formed to begin work immediately. Task groups will be formed based on input from the design professionals involved (preliminary topics can be identified prior to the charette and confirmed during an initial full group session at the charette. Task Groups. Professional task groups can be based on geographical sub-areas,functional cate- gories such as housing,economics,community design, or transportation,or by design concept alternative. Individual team members could participate in more than one group. Tools. The products of Task 2 will be made available to the charette participants including maps,a study model,slide and overhead projectors for visualization,computer workstation with spreadsheet and word processing, tracing paper, technical support staff,etc. Participants. Public and private interests should be distributed evenly throughout the task groups. Public groups can provide comments and critiques at the beginning and end of the process. Bob Cowan Stevens Creek Boulevard June 14, 1993 • • City of Cupertino Design Charette Page 3 Professional Time Principal:20.0 Hours @$110.00/Hour $2,200.00 Project Associate: 20.0 Hours @$65/Hour 1,300.00 Direct Costs Supplies and materials 500.00 Travel(100 miles @$0.28/mile) 28.00 Task 3.0 Estimated Cost: $4,028.00 TASK 4.0 PREPARATION OF DESIGN CHARETTE SUMMARY REPORT MIG will prepare a written summary of the design charette, including findings,recommenda- tions and directions for next steps,complete with graphics produced during the charette and a description of the overall charette process. Professional Time Principal: 4.0 Hours @$110.00/Hour $440.00 Project Associate: 16.0 Hours @$65/Hour 1,040.00 Support Staff: 40.0 Hours @$45/Hour 1,800.00 Direct Costs Graphic Materials 250.00 Communications (telephone, fax, delivery) 50.00 Task 4.0 Estimated Cost $3,580.00 The total estimated budget for all the tasks described above is $19,448.00,and is a maximum amount not to be exceeded unless you authorize a change to the scope of work. We look forward to the possibility of working with you and City of Cupertino staff in develop- ing and conducting the design charette. Sincerely yours, MOORE IACOFA 0 GOLTSMAN,Inc. Daniel IacofanoI hD,AI! P DSI:ab AGREEMENT ‘4419*V/0—et-Cr-37(p/ gre. 63, /1/b ' or0 Boap 4s° CITY OF CUPERTINO oa0°0 P.O. Box 580 � p pdr Cupertino, CA 95015 0 2 2 8 0 5 252-4505 NO. 25 ? co 7 '' 41 BY THIS AGREEMENT made and entered into on the 2nd day of May 19 90 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Moore Iacofano Goltsman (2) Address 1802 Fifth St City Bprkpley , ("A Zip 96710 Phone 415-845-7549 (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: Services and materials listed in Exhibit A except that City may decline specific listed services and materials pursuant to note contained in "Section I : Approach and Overview. " Principal shall be Daniel ,lacpfano . ofXHlBlTS: The following attached exhibits hereby are made part of this Agreement: Exibit A: City oCupertino General Plan : Citizens Goals Committee Program TERMS The services and/or materials furnished under this Agreement shall commence on_ Mn y 9 loon andshallbecompletedthtwae in a timely manner pursuant to schedule developed b�yCilty and dpGoals nCommittee members . The anticipated completion date is S t-'T�Ub AS l&' 'Foltc ull performance of this Agreement,CITY shall pay CONTRACTOR:An amount not to exceed $63 , 140 per Exhibit A. The contract amount may be reduced if City e e tt OASnAI� tt ct for all services . Contract amount shall not GENERAL�E LuNui } t Hold Harmless. Contractor agrees to save indiiolcdEia mresghe[hairy;lP� fic �,lgetesadgfFlscn aQi>Q ancP i s all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per-agreement formance 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 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. CONTRCT�INATOR and representative for CITY shall be: NAME DEPARTMENT 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 • CUPERTINO:/� By /fl'?' y �. By /V t,./n.tr2lAn Title Title • • SocSSec.# APPROVAL- ` t ml4-295— Sol Departw.gt Head Date er Da / A .(,-L Co-1,� -eAAA. 6/2/9.0 City X44Kte /e White-City Clerk Copy Green-Finance Canary-Contractors Copy Pink-Receiving Copy Goldenrod-Department Copy City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 1 Exhibit A: City of-Cupertino General Plan: Citizens Goals Committee CONSULTING SERVICES AGREEMENT Program • THIS AGREEMENT is made and entered into this 3rd day of May 1990, by and between the City of Cupertino hereinafter referred to as CITY, and MOORE IACOFANO GOLTSMAN, hereinafter referred to as CONSULTANT. WITNESSETH • In consideration of the mutual promises hereinafter contained, the parties agree as follows: 1. Scope of Services In accordance with this agreement, CONSULTANT agrees to assist the City of Cupertino with the General Plan Citizens Goals Committeete. Specific services are described in Exhibit A attached. 2. Direction The CONSULTANT, in performance of the scope of work described above, will work under the specific direction of the City Planning Director. 3. Compensation Payment for CONSULTANT services shall be in accordance with the attached fee schedule included in Exhibit B. The payments specified in Exhibit "B" shall be the only payments to be made CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to City in the manner specified in Exhibit"B". • 4:- • -- Sub-Contractors CONSULTANT may utilize a professional sub-contractor or sub-contractors to as- sist in the performance of work under this Agreement. 5 Additional Services • In the event the CITY desires to retain the CONSULTANT for the performance of additional services in connection with this agreement, specification of such addi- tional services and compensation therefore shall be made only by amendment to this agreement in accordance with compensation rates to be negotiated at that time. • City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 2 6. Independent Contractor It is specifically understood and agreed that in the making and performance of this contract, CONSULTANT is an independent contractor and is not and shall not construed to be an employee, agent or servant of the CITY. 7. Non-Discrimination. There shall be no discrimination against any employee who is employed in the work covered by this contract, or against any applicant for such employment be- cause of race, religion, color, sex, disability or national origin. 8. Consultant Conflict of Interest The CONSULTANT covenants that he presently has no interest and shall not ac- quire any interest, direct or indirect, which would conflict in any manner or de- gree with the performance of services under this Agreement. The • CONSULTANT further covenants that in the performance-of this contract;no per- sons having such interest shall be employed. 9. Assignment The CONSULTANT shall not assign any interest in this contract, and shall not transfer any interest in the same without the prior written consent of the CITY thereto. 10. Proprietary Interest It shall be agreed that the CITY has a proprietary interest in all material prepared by the CONSULTANT for the CITY and the CITY may, therefore, change any and all portions.ofthe material prepared. . . . 11. Enforcement of Agreement - Attorney's Fees In the event it shall become necessary for either party to institute court action to enforce any of the terms to this Agreement, the prevailing party in such litigation shall be entitled to recover reasonable attorneys fees. 12. Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 3 1.3 .. ....,Term This Agreement shall commence upon the date written above and shall have a term of eight (8) months unless terminated in accordance with Section 14 below. 14. Termination This Agreement may be terminated by either party at any time upon two weeks written notice to all parties to this Agreement. The written notice shall state the reason(s) for termination. At termination, CONSULTANT shall provide to the CITY All unfinished work products for which the CONSULTANT has been paid. IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Agreement as of O CITY OF CUPERTINO BY: Veot -f,' City me,' ��` � CrU P.��.,91 A' e4 - q Date: UI .c. I j/��`Ju MOORE IACOFAN• GOLTSMA i BY: 471Ail .:�I/ Consul 7 � Date: 111„4 � / ' / City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 6 Products One (1) facilitated Community Vision Workshop "Environmental Scan" Slide Presentation Community Vision Workshop Summary Report Task 3 Conduct Planning Information Workshop The purpose of the Planning Information Workshop is to provide Committee members with detailed background information related to specific planning is- sues. Working with City Planning staff, MIG will prepare a brief slide presenta- tion and information packet for Committee member review and discussion. Products One (1) facilitated Planning Information Workshop Planning Information Packet Planning Information Slide Presentation Planning Information Workshop Summary Task 4 Conduct Planning Issues Validation Workshop Citizen Goals Committee members will reconvene at the Planning Issue Valida- tion Workshop to review and discuss the results of the Community Vision Workshop and the Planning Information Workshop and to validate the list of plan- ning issues•identified thus far in the General Plan Review Process. Products One (1) facilitated Planning Issues Validation Workshop Planning Issues Workshop Summary Report • Task 5 Conduct Subcommittee Meetings - Rounds 1, 2 and 3 The 106 person committee will be divided into five subcommittees: (i) City Iden- tity; (ii) Transportation; (iii) Economic Development; (iv) Community Services and Facilities and (v) Housing and Neighborhood services. Three (3) rounds of sub- committee meetings will be conducted after the Issues Confirmation workshop to draft potential General Plan policies based on subcommittee discussions and in- formation presented by City Planning staff in the Community Vision, Planning In- formation and Planning Issues Validation workshops. • City of Cupertino • May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 7 Subcommittee activities may include but not be limited to: formal and informal presentations or progress reports, group brainstorming, individual or group exer- cises and prioritization or ranking of issues and goals. Subcommittee par- ticipants will have an opportunity to record their responses on comment sheets which will later be analyzed and summarized in the subcommittee meeting reports. Working with City Planning staff, MIG will prepare subcommittee meeting hand- out materials and provide one (1) facilitator and one (1) graphic recorder for each subcommittee. MIG.will.summarize subcommittee resultsand include . „ . ... . . . photoreductions of meeting wallgraphics as appropriate. Products Three (3) rounds of facilitated subcommittee meetings. Individual subcommittee meeting summaries. Task 6 Conduct Full Citizen Goals Committee Meetings#1 and#2 MIG will design and facilitate two (2) Full Committee meetings following Subcom- mittee Meetings Rounds #1, #2 and #3. Full Committee meetings provide the op- portunity for all committee members to review, discuss and integrate potential General Plan policies developed by other subcommittee members. Meetings will be managedand organized by MIG staff. City Planning staff will be available to answer any technical information. A second meeting is included in the event that the full committee needs more time for review and discussion. Products Two (2) facilitated Full Committee meetings. One (1) Full Committee Meetings #1 and #2 Summary Task 7 Conduct Subcommittee Meetings - Rounds 4 and 5 Committee members will convene for two more rounds of subcommittee meet- ings following the Full Committee meetings. Two (2) rounds of subcommittee meetings (same subcommittees as in Task.5) will be conducted to review the comments from the Full Committee meetings and to revise and finalize draft potential GeneralPlan policies. Working with City Planning staff, MIG will prepare subcommittee meeting hand- outmaterials and provide one (1) facilitator and one (1) graphic recorder for each subcommittee. MIG will summarize subcommittee results and and include photoreductions of meeting wallgraphics as appropriate City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 8 Products Two (2) rounds of facilitated subcommittee meetings. Individual subcommittee meeting summaries. Task 8 . .. Conduct Full Committee Meetings#3 and#4 MIG will design and facilitate two (2) Full Committee meetings following the final two rounds of subcommittee meetings. The purpose of these Full Committee meetings is to review, discuss and integrate the work completed by the other sub- committees. Meetings will be managed and organized by MIG staff. City Plan- . ning staff will be available to answer any technical information. A second meeting is included in the event that the full committee needsmoretime for review and discussion. Products Two (2) facilitated Full Committee meetings. One (1) Full Committee Meetings #3 and #4 Summary Task 9 Conduct City Staff/MIG Meetings MIG will meet with City staff to develop the overall strategy and methodology for the Citizen Goals Committee Program, and coordinate program logistics.as- sociated with program activities. Products Nine (9) City Staff/MIG meetings. City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 9 II. SCOPE OF WORK An outline of tasks for implementing the Citizen Goals Committee Program for the City of Cupertino General Plan Review is provided below. The final work scope will be determined following discussions with City staff and City Council. Task 1: Develop Citizen Goals Committee Program Scope of Work 1.1 Hold City Staff/MIG meeting to discuss and finalize Citizen Goals Committee Program scope of work and budget and prepare for the Community Vision workshop. 1.2 Prepare draft scope of work for Citizen Goals Committee Pro- gram. Finalize scope after City Planning staff has reviewed. Task 2: Conduct Community Vision Workshop 2.1 Prepare a brief, 10 minute, "Environmental Scan"slide presenta- tion which will provide background to committee members on the General Planning process, planning issues and trends. 2.2 Prepare handout materials for Community Vision Workshop. 2.3 Conduct Community Vision Workshop. 2.4 Prepare a written report of Community Vision Workshop. Task 3 Conduct Planning Information Workshop 3.1 Hold City Staff/MIG meeting to review the results of Community . Vision Workshop. 3.2 Prepare Planning Information Workshop slide presentation and Information packet. - 3.3 Conduct Planning Information Workshop Task 4 Conduct Planning Issues Validation Workshop 4.1 Hold City Staff/MIG meeting to review the results of Community Information Workshop and prepare for the Issues Validation Workshop. 4.2 Prepare handout materials for Planning Issues Validation • Workshop. City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 10 4.3 Conduct Planning Issues Validation Workshop. Task,5 Conduct Subcommittee Meetings - Rounds #1, #2 and #3 5.1 Hold City Staff/MIG meeting to review results of Planning Issues Validation Workshop and prepare for Subcommittee Meetings Rounds #1, #2 and #3. 5.2 Conduct briefing with MIG facilitators and recorders in prepara- tion for subcommittee meetings. 5.3 Prepare handout materials for subcommittee meetings. 5.4 Facilitate and record Subcommittee Meetings - Rounds 41, #2 and #3. Task 6 Conduct Citizen Goals Full Committee Meetings #1 and #2 6.1 Hold City Staff/MIG meeting to review the results of Subcommit- tee Meetings - Rounds #1, #2 and #3 and prepare for Full Com- mittee Meeting #1. 6.2 Prepare handout materials for Full Committee Meetings. 6.3 Conduct Full Committee Meeting #1. 6.4 Hold City Staff/MIG meeting to review the results of Full Commit- . tee Meeting #1, prepare for follow-up Full-Committee Meeting • #2, and prepare for the next round of subcommittee meetings. 6.5 Conduct follow-up Full Committee Meeting #2. 6.6 Prepare a written report of Full Committee Meetings #1 and #2. Task 7 Conduct Subcommittee Meetings - Rounds #4 and #5 7.1 Hold City Staff/MIG meeting to review results of Full Committee Meetings #1 and #2 and prepare for Subcommittee Meetings Rounds #4 and #5. 7.2 Conduct briefing with MIG facilitators and recorders in prepara- tion for subcommittee meetings. 7.3 Prepare handout materials for subcommittee meetings. City of Cupertino May 1, 1990 Citizen Goal's Committee Contract&Scope of Services Page 11 7.4 Facilitate and record Subcommittee Meetings - Rounds,#4 and. . #5. Task 8 Conduct Citizen Goals Full Committee Meetings #3 and #4 8.1 Hold City Staff/MIG meeting to review the results of Subcommit- tee Meetings - Rounds #4 and #5 and prepare for Full Commit- tee Meeting #3. 8.2 Prepare handout materials for Full Committee Meetings. 8.3 . Conduct Full Committee Meeting #3. • 8.4 Hold City Staff/MIG meeting to review the results of Full Commit- tee Meeting #3 and prepare for follow-up Full Committee Meet- ing #4. 8.5 Conduct follow-up Full Committee Meeting #2. • - 8.6 Prepare awritten report of Full Committee Meetings #3 and #4. City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 12 III. ESTIMATED BUDGET Following are the cost estimates for completing the scope of work broken down by tasks. The.final.work scope and budget will be determined after meeting with City staff. Rates used in calculating the professional time costs are: MIG Principal $ 95/hour Senior Associate $ 65/hour Associate $ 50/hour Support Staff $ 35/hour PROFESSIONAL TIME COSTS: •. 1.0 Develop Citizen Goals Committee Program Scope of Work Principal 4.0 Hours @$95/hr $ 380 Senior Associate 8.0 Hours @$65/hr $ 520 TASK 1.0 ESTIMATED COST $ 900 2.0 Conduct Community Vision Workshop 2.1 Prepare Environmental Scan Slide Presentation Principal 4.0 Hours @$95/hr $ 380 . Senior Associate 8.0 Hours @$65/hr $ 520 Support Staff 8.0 Hours @$35/hr $ 280 2.3 Conduct Community Vision Workshop Tasks 2.2 - 2.4 Principal 14.0 Hours @$95/hr $ 1,330 Senior Associate(1) 24.0 Hours @$65/hr $ 1,560 Associates(9) 72:0 Hours @$50/hr $ 3,600 Support Staff 24.0 Hours @$35/hr $ 840 Professional time includes pre-workshop preparation, . workshop facilitation and graphic recording (9 associates x 8 hrs),,.,, and post-workshop summary preparation TASK 2.0 ESTIMATED COST $ 8,510 City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 13 3.0 Conduct Planning Information Workshop 3.2 Prepare Planning Information Slide Presentation and Information Packet Principal 8.0 Hours @$95/hr $ 760 Senior Associate 8.0 Hours @$65/hr $ 520 Associate 8.0 Hours @$50/hr $ 400 3.3 Conduct Planning Information Workshop Principal 8.0 Hours @$95/hr $ 760 Senior Associate 12.0 Hours @$65/hr $ 780 Support Staff 8.0 Hours @$35/hr $ 280 Professional time includes pre-workshop preparation, _workshop facilitation and graphic recording - and post-workshop summary preparation TASK 3.0 ESTIMATED COST $ 3,500 4.0 Conduct Planning Issues Validation Workshop , 4.3 Conduct Planning Information Workshop Tasks 4.2, 4.3 Principal 8.0 Hours @$95/hr $ 760 Senior Associate 12.0 Hours @$65/hr $ 780 • Support Staff- • - • 8.0 Hours @$35/hr--• $ 280 • - Professional time includes pre-workshop preparation, workshop facilitation and graphic recording . . .. .and..post-workshop-summary preparation _ . . TASK 4.0 ESTIMATED COST $ 1,820 5.0 Conduct Subcommittee Meetings - Rounds #1, #2 and #3 5.4 Facilitate and Record Subcommittee Meetings (includes Tasks 5.2, 5.3) (Per Subcommittee Meeting) Principal 1.0 Hour @$95/hr $ 95 Senior Associate 1.0 Hour @$65/hr $ 65 Associate 12.0 Hours @$50/hr $ 600 • • • Support Staff • 8.0 Hours @$35/hr $ 280 • Professional time includes pre-meeting preparation, meeting facilitation and graphic recording and post-meeting summary preparation 15 subcommittee meetings (3 rounds x 5 mtgs/round) @ $1,040/meeting $15,600 TASK 5.0 ESTIMATED COST $15,600 City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 14 6.0 Conduct Full Committee Meetings #1 and #2 , 6.3 Conduct Full Committee Meeting #1 (includes Task 6.2) Principal 6.0 Hours @$95/hr $ 570 Senior Associate(1) 8.0 Hours @$65/hr $ 520 Associates(9)• • 54,0 Hours @$50/hr • $ 2,700 - • Support Staff 16.0 Hours 6 $35/hr $ 560 Professional time includes pre-meeting preparation, -. , .meeting facilitation.and graphic recording - • , _ and post-meeting summary preparation Estimated Full Committee Meeting #1 Cost $ 4,350 6.5 Conduct Full Committee Meeting #2 (includes Task 6.6) Principal 8.0 Hours @$95/hr $ 760 Senior Associate 12.0 Hours @a $65/hr $ 780 Support Staff 8.0 Hours @$35/hr $ 280 Professional lime includes pre-meeting preparation, meeting facilitation and graphic recording and post-meeting summary preparation Estimated Full Committee Meeting #2 Cost $ 1,820 TASK 6.0 ESTIMATED COST $ 6,170 7.0 Conduct Subcommittee Meetings - Rounds #4 and #5 7.4 Facilitate and Record Subcommittee Meetings (includes Tasks 7.2, 7.3) (Cost Per Subcommittee Meeting) Principal 1.0 Hours @$95/hr $ 95 Senior Associate 1.0 Hours @$65/hr $ 65 Associate 12.0 Hours 0$50/hr $ 600 Support Staff 8.0 Hours r?a $35/hr $ 280 Professional time includes pre-meeting preparation, meeting facilitation and graphic recording and post-meeting summary preparation • 1.0 subcommittee meetings (2 rounds x 5 mtgs/round) @ $1,040/meeting $10,400 TASK 7.0 ESTIMATED COST $10,400 • City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 15 8.0 Conduct Full Committee Meetings#3 and #4 8.3 Conduct Full Committee Meeting #3 (includes Task 8.2) Principal 6.0 Hours @$95/hr $ 570 SeniorAssociate'(1) 8.0 Hours @$65/hr— $ 520 Associates(9) 54.0 Hours @$50/hr $ 2,700 Support Staff 16.0 Hours $35/hr $ 560 Professional time includes pre-meeting preparation, meeting facilitation and graphic recording and post-meeting summary preparation Estimated Full Committee Meeting #3 Cost - $ 4,350 8.5 Conduct Full Committee Meeting #4 (includes Task 8.6) Principal 8.0 Hours @$95/hr $ 760 Senior Associate 12.0 Hours @$65/hr $ 780 Support Staff 8.0 Hours @$35/hr $ 280 Professional time includes pre-meeting preparation, meeting facilitation and graphic recording and post-meeting summary preparation Estimated Full Committee Meeting #4 Cost $ 1,820 TASK 8.0 ESTIMATED COST $ 6,170 9.0 Conduct Staff/MIG Meetings (Includes Tasks 1.1, 3.1, 4.1. 5.1 , 6.1, 6.4, 7.1, 8.1 and 8.4) Principal 40 Hours @$95/hr $ 380 $380 per meeting @ 9 meetings $ 3,420 TASK 9.0 ESTIMATED COST $ 3,420 ' TOTAL PROFESSIONAL TIME COSTS: $56,490 City of Cupertino May 1, 1990 Citizen Goals Committee Contract&Scope of Services Page 16 BUDGET SUMMARY Task Professional Time 1 Develop Scope of Work $ 900 2 Conduct Community Vision Workshop $ 8,510 3. Conduct Planning Information Workshop $ 3,500 4. Conduct Planning Issues Validation Workshop $ 1,820 5. Conduct Subcommittee Meetings- Rnds #1, #2, #3 $15,600 6. Conduct Full Citizen Goals Committee Meetings#1, #2 $ 6,170 7. Conduct Subcommittee Meetings- Rnds#4 , #5 $10,400 8. Conduct Full Citizen Goals Committee Meetings#3, #4 $ 6,170 9. Conduct City Staff/MIG Meetings $ 3,420 PROFESSIONAL TIME COSTS $56,490 OTHER COSTS: Graphics Materials for Information Packet $ 250 35mm Slides $ 500 • 'Meeting/WorkshopSupplies/Photoreductions $1,200 Photocopies of handouts $2,000 Telephone $ 500 FAX $ 500 Courier/Federal Express $ 500 Travel Expenses $1,200 TOTAL OTHER COSTS: $6,650 • PROGRAM BUDGET: $63;140