90-028 Godbe Fries Communications Tc� • vun ar , c. 1r 9e no oac r ''
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87 Public Relations
El Political Consulting
Opinion Research
July 17, 1990
Mr. Don Brown
City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Don:
This letter, and the attached standard business terms, will serve as an ag-eement between
Godbe/Fries Communications and the City of Cupertino to conduct a follow-up public
opinion poll. This e jtamsnt is in addition to our ag•;eements of June 7, 1990 and June 13,
1990; Services covered by this agreement include:
1. Drafting a 5-minute questionnake.
2. Pretesting the questionnaire.
3. Drawing a random sample (if necessary)
4. Rejxoduclng the final questionnaire for telephone interviewing,
5. Conducting 400 telephone interviews of Cupertino residents (up to 5 minutes
each).
6. Coding and keypunching survey responses.
7. Producing complete cross-tabulations (up to 66 cross-tabulation points fcr each
question) of the survey data.
8. Preparing a written report and presenting the findings.
The cost for pertaining these services is not to exceed $5,000.00. One-half of the cost
($2,500.00) will be due upon approval of the final questionnaire and the balance
($2,500.00) will be due after presentation of the findings. Should the actual cost of these
services be less that this estimate, Godbe/Fries Communications will adjust the final Invoice
to reflect any cost savings.
451 Bridgeport Drive Half Moon Bay, CA 94019 (415) 728-3325
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We look forward to completing this project for the City of Cupertino. If
you have any questions about this agreement, please do not hesitate to
give me a call as soon as possible.
Sin A. . t. • .-pted
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W. Bryan ,n o-` is :, trr
President 1p Ci / - -ger
Ci .f Cupert' o
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Date /
TCL Jul XT ' 'V 10 90 MO .900 r . c'
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STANDARD BUSINESS TERMS AND CONDITIONS
Contracts and agreements between Geckle/Fries Communications and its clients include the
following general terms and conditions unless otheewise specified in a contract a
agreement.
liour(y gates, Unless otherwise specified, the agency bills its staff time at specified hourly
rates for each staff member. When estimated hours are noted these are our best estimates
of how long a job will lake. Actual hours incurred are logged on employee time sheets and
' final billings to clients are based on these actual figures. Hourly charges apply to all firm
staff working for the client with the exception of general clerical support. Work on specifically
clerical projects is billed at normal hourly rates.
commissions . The agency's standard practice is to charge clients the actual cost to the firm
of advertising space or time and printed materials plus a commission or mark up of at least
17.65 percent (16 percent of groes). This commission pays for the staff time required to
develop and/or place the advertising materials. When commissions or markups are less
than total fees based on actual hourly rates, the agency may charge hourly fees in lieu of
commissions or subtract commissions from the hourly charges.
Flat Fees. The firm may opt to charge e. flat fee for all or a portion of its services to a dent in
lieu of hourly charges ander commission.
Advance Payment, in order to finance the client's work, the firm's policy is to require
advance payment for all media placement, telephone interviewing, art, and printing costs.
Advance payment of fees or hourly charges is normally required, particularly in the case of
new clients or political campaigns.
Subcontrecapre' Full, Should the firm retain a special employee solely for the purpose of
providing services to a client, a fee equal to 15 percent of the costs of such person will be
charged to cover the firm's payroll costs.
Payment: All invoices will be paid within 30 days of receipt.
Indemnity. All copy will be approved by the client in advance of production. Each party shall
indemnify, defend and hold harmless the other party from and against any loss, claim,
action, course of action (including without limitation any defamation action), judgement,
damage, cost or expense (Including attorneys' fees and costs) arising out of any actions of,
or matsrials written by, or information supplied by the other party.
Acting as Agent. In compliance with California sales tax regulation, Godbe/Fries
Communications is designated as an Agent for the acquisition of tangible personal property
and services as they apply to its clients' advertising and sales promotion activities.
Ownership of Materials, In producing finished products, it is expressly understood that
ownership of all materials purchased by GodbefFries Communications to complete the
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property to be produced passes to its clients at the time of purchase Cr.3 prior to any use by
GodbelFries Communications.
Indopendsnt Contractsr. The agency shall pet-form the services as an independent
contractor and shall not be treated as an employee of the client for federal, state or local tax
purposes or for any other purpose.
Successors, Any agreement between the agency and a client shall be binding upon, the
hews, successors and assignors of the parties.
AttornQye' Fees. Should any action be brought by one party against the other party to
enforce any ageemsnt, the prevailing party shall be entitled to recover from the other party
its reasonable attorneys' fees, costs and expenses.
Rev. 611190