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10-063 CASCADIA Consulting Group, Inc., Professional Services, Waste Reduction Vin► AGREEMENT CITY OF CUPERTINO 4 - 10300 Torre Avenue CUPERTINO GREEN � Cupertino, CA 95014 i 408 - 777 -3200 NO. BY THIS AGREEMENT, made and entered into this 1st day of July 2010, by and 24 4n r C lTY OF CUPERTINO (Hereinafter referred to as CITY) and Name C ASCADIA CONSULTING GROUP, INC. Address 1109 First Avenue, Suite 400 City Seattle State Washington Zip 98101 Phone (206) 343 -9759 (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: } \_ rt: ' Ft.5s%cA l kiNk �>CCv - ,cc J C.C% - ,V\ kNZA ` - 'JAvt EXHIBITS: The following attached exhibits hereby are made part of this Agreement: A rra L 6J R , 5Ke; ', (\ 1 JC C Pt> (A �� � a,14 t- TERMS: The services and /or materials furnished under this Agreement shall commence on July 1, 2010 and shall be completed before June 30, 2011 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: California Labor Code, Section 1771 requires the payment of prevailing wages to all workers em toyed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS, Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from art and all damage and liability due to negligence, errors and om ssions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. Cily 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 certifie:, 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 Cheri Donnelly 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. CONTF,AGT CITY OF CUPERTINO: By Z '1 , , Q By Title Princip I Title Environmental Programs Man er Tax ID # 91- 1589555 APPROVALS A A EXPENDITURE DISTRIBUTION P RTMENT r 4r Lo DATE Va (p -2.3 1 520- 8003 -7103 J $20,000 CITY WRK DAT Ey - �-' L;' Form W =9 Request for Taxpayer Give form to the (Rev. November 2005) requester. Do n ot Depwtmerr of the Treasury Identifi Number and Certification send to the I RS. Internet fieveruue Service t`I Name fas shown on your income tax return) The Cascadia Consulting Group, Inc. CO o- Business name, if different from above C a v m a a IndividuaU ❑ i ❑✓ Corporation ❑ Fartnership ❑ Other 1 ......... .. .. Ex from backup Check appropriate box: Sole proprietor � withholding Address (number, street, and apt, or suite no.) Requesters name and address (optional) a c 1109 First Avenue, Suite 400 U City, state, and ZIP cote a Seattle, WA 98101 M List account numbe here M ( (optional v w Ta :payer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid SociaC security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, It is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 1 '9 1 1 5 18 19 15 15 5 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification n1, mber (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because_ (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service (iRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that t am, no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the iRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN.. (See the instructions on page 4) Sign Signature of Here U.S. arson 0 Date ► 03(i4lza t O Purpose of Form • An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number • A partnership, corporation, company, or association (TIN) to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or • Any estate (other than a foreign estate) or trust. See contributions you made to an IRA. Regulations sections 301.7701 -6(a) and 7(a) for additional U.S. person. Use Form W -9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships. Partnerships that conduct a person requesting it (the requester) and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct (or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2, Certify that you are not subject to backup withholding, or Form W -9 has not been received, a partnership is required to 3. Claim exemption from backup withholding if you are a presume that a partner is a foreign person, and pay the U.S. exempt payee. withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the In 3 above, if applicable, you are also certifying that as a United States, provide Form W -9 to the partnership to U.S. person, your allocable share of any partnership income establish your U.S_ status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners' share of effectively connected income. The person who gives Form W -9 to the partnership for Note. If a requester gives you a form other than Form W -9 to purposes of establishing its U.S. status and avoiding request your TIN you must use the requester's form if it is withholding on its allocable share of net income from the substantially similar to this Form W -9. partnership conducting a trade or business in the United States is in the following cases: For federal tax purposes, you are considered a person if you • The U,S. owner of a disregarded entity and not the entity, are: Cat. No. 14 ?31x Form W -9 (Rev. 1 '1 -2005) r N CASCADIA CONSULTING GROUP June 4, 2010 Cheri Donnelly Environmental Programs Manager City of Cupertino 10300 Torre Ave Cupertino, Ca. 95014 Description Business Waste Reduction Assistance Program Dear Cheri: Attached is a Scope of Work for our continued assistance to the City's Business Waste Reduction Program. A detailed Scope of Work. is attached. Please let me know if you have any questions about our proposed Scope of Work. Sincerely, I Richard Gertman, Principal San Jose Seattle Berkeley 1046 West Taylor Street, Suite 208 1109 First Avenue, Suite 400 3141 Lewiston Avenue, Suite B San Jose, CA 95126 Seattle, WA 98101 Berkeley, CA 94705 Phone: (408) 249 -0691 Phone: (206) 343 -9759 Phone: (510) 773 -2776 www.cascadiaconsultins.com CASCADIA CONSULTING GROUP EXHIBIT "A" City of Cupertino Waste Reduction Technical Assistance Proposal Cascadia Consulting Group ( Cascadia) will provide the following services: Task 1. Commercial Sector Technical Assistance • assist individual businesses expand their waste prevention and recycling activities • meet with businesses and assess the opportunities for them to reduce wastes requiring disposal • make recommendations to these businesses, and assist them in implementing and expanding waste diversion programs Task 2. Green Business Program Assistance • assist the City in promoting the Green Business Program • assist individual City Departments complete the necessary activities to become certified as "Green Businesses" • assist individual businesses in the City complete the necessary activities to become certified as "Green Businesses" Task 3. Business Trash and Recycling Guidelines • prepare specifications for commercial garbage and recycling requirements, space allocation, bin sizes, and other features Task 4. City Solid Waste and Recycling Ordinance • provide review and recommend updates of the City of Cupertino Municipal Code Task S. Integrated Waste Management Technical Assistance • provide other related integrated waste management technical assistance as requested by the City San Jose Seattle Berkeley 1046 West Taylor Street, Suite 208 1109 First Avenue, Suite 400 3141 Lewiston Avenue, Suite B San Jose, CA 95126 Seattle, WP 98101 Berkeley, CA 94705 Phone: (408) 249 -0691 Phone: (206) 343 -9759 Phone: (510) 773 -2776 www.cascadiaconsulting.com CASCADIA CONSULTING GROUP Cascadia Billing Rates Team Member Role Hourly Fee Tracie Bills Project Manager $110 Jessica Coe Staff $85 Other Project Staff, as needed $50 -$85 San Jose Seattle Berkeley 1046 West Taylor Street, Suite 208 1109 First Avenue, Suite 400 3141 Lewiston Avenue, Suite B San Jose, CA 95126 Seattle, WA 98101 Berkeley, CA 94705 Phone: (408) 249 -0691 Phone: (206) 343 -9759 Phone: (510) 773 -2776 www.cascadiacorisulting.com