10-122 Agreement, Ann Marquart, Project Sentinel CITY OF
.\,i '1/ AGREEMENT
� � CITY OF CUPERTINO
10300 Torre Avenue
5' "r� / Cupertino, CA 95014
CUPERTINO
408- 777••3200 NO. (07C7///
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BY THIS AGREEMEN , -- a•e and entered into this 8th day of December. 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and PROJECT SENTINEL; Address: 298 S. Sunnyvale Ave.
Ste. 209, Sunnyvale, CA 94086 Phone: (408) 720 -9888; e-mail: mediate4us Ini.housinq.org (Hereinafter referred as
CONSULTANT), in consideration of their mutual covenants, .:he parties hereto agree as follows:
CONSULTANT shall provide or furnish the following specified services and /or materials: Tenant/landlord counseling
and mediation services to Cupertino residents for fiscal year 2010 -11.
TERMS: The services and /or materials furni d under this Agreement shall commence on July 1, 2010
and shall be completed before June 30, 201
COMPENSATION: For the full performance o f th A I t, CITY shall pay CONSULTANT: $30,000.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the
fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of litigation Consultant shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, tvith respect to all services performed in connection with the Agreement indemnify,
defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or
demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to,
or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attomeys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant shall file with C ity 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 Consultant. 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, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any
contracts or other obligations in executing this agreement. Consultant 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 ccnsent of the City. No changes or variations of an d are authorized without the
written consent of the City. ,.. ENTERED CONTRACT CO- ORDINATOR and representative for CITY shall be:
NAME: Vera Gil, Senior Planner DEPARTMENT: Community Development 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.
CONSULTANT: CITY OF; UPERTINO. -
By NN\vim. ..
By U ii
Printed Name: Ann Marqu� Printed Name: Vera Gil
Title Executive Director Title: Senior Planner
Soc. Sec. # or Tax I.D
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTME T H e_! DATE _ACCOUNT NI JMRFR AMOUNT
/7/ . a1 Vj , /7/ ) / /j 265- 7405 -710 $30,000
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Non- Design Professional Agreement