Loading...
06-092, Elizabeth Ellis () t, -0 9 ~ AGREEMENT FOR PREPARATION OF MEETING MINUTES THIS AGREEMENT is entered into on June 27, 2006, by and between the City of Cupertino, a political subdivision of the State of California, hereinafter called "CITY" and Elizabeth Ellis, hereinafter called "CONTRACTOR". WHEREAS, the CITY is in need of minutes preparation services, and; WHEREAS, CONTRACTOR is qualified to prepare minutes for the City of Cupertino; NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto AGREE as follows: 1. CONTRACTOR shall prepare meeting minutes for the Planning Commission of the City of Cupertino when requested by the Community Development Department. 2. CITY shall make available a copy of the meeting on cassette tape the day after the meeting. CONTRACTOR shall prepare the minutes and submit them in electronic form as a Microsoft Word document to the Community Development Department by 5 :00 p.m. on the second Wednesday following the meeting (8 days), unless other specific arrangements are made with the Community Development Department. 3. CITY shall compensate CONTRACTOR at a flat rate of$ 375.00 per meeting when the minutes have been taken, completed and approved by the Planning Commission. If the meeting runs over 6 hours, the flat rate will change to $425.00 per meeting. 4. This agreement shall commence on June 27, 2006, and shall continue in full force and effect until terminated by mutual consent of the parties or by either party immediately on delivery of written notice thereof to the other party with or without cause and for any reason, whatsoever. 5. If this agreement is terminated under the provisions of Paragraph 3, CONTRACTOR shall be compensated only for the hours worked but unpaid as of the termination date. 6. The parties hereto agree and understand that this is an agreement for professional services and shall not be assigned by the contractor in any manner. It is further understood that CONTRACTOR is not an employee of the CITY. 7. CITY shall defend and hold harmless CONTRACTOR from any action or lawsuit brought against her or the CITY arising out of any act, advise, or omission on the part of CONTRACTOR while carrying out the duties set forth above. 8. This agreement may only be modified by a written amendment hereto, executed by both parties. 9. In the performance of the work authorized under this agreement, CONTRACTOR shall not discriminate against anyone because of race, creed, color, ancestry, religion, marital status, medical condition, age (over 40), physical or mental handicaps, veteran or non- veteran status, sex, or national origin. 10. CONTRACTOR undertakes performance of this service as an independent contractor and shall be wholly responsible for the methods of performance. CITY will have no right to supervise the methods used, but the CITY will have the right to observe such performance. Contractor shall work closely with the Community Development Department's office in performing services under this agreement. 11. The minutes shall be the property of the CITY despite the fact that CONTRACTOR will be preparing them. 12. This agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. This agreement supersedes all agreements, proposals, oral and written, and all negotiations, conversations or discussions heretofore and between the parties related to the subject matter of the agreement. EXECUTED at Cupe ino, California, on the day and year first written above. ATTEST: Kimberly Smith, City of Cupertino APPROVED AS TO FORM: J;charl~s Kilian, City Att City of Cupertino 'L · Steve Piasecki Community Development Director ,~~d ,)UL~ Elizabeth IS