12-001 Osandi Robinson �/ OFFICE OF THE CITY CLERK
' CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
<C. :9s,, TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
CUP E RT I N O WEBSITE:www.cupertino.org
September 10, 2012
Osandi Robinson
Re: Agreement No. 00057843
A signed copy of your agreement with the City of Cupertino is enclosed. If you have any
questions or need additional information, please contact the Communications Department at
(408) 777-3264
Sincerely, .(tt
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Brittany Morales
Acting Senior Office ssistant
City Clerk's Office
Enclosures
cc: Communication
CITY OF AGREEMENT
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CITY OF CUPERTINO
10300 Torre Avenue
, I Cupertino, CA 95014
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CUPERTINO V�' ✓ 408-777-3200 NO., z?S r�e p
THIS AGREEMENT, made and entered into this_1_day of_September_ is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and Osandi Robinson Jaddress/phone/
email)
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Marketing Plan for Cupertino Alert System
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERM: The services and/or materials furnished under this Agreement shall commence on
September 1 and shall be completed no later than
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$4.500.
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. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all liability,
claims, stop notices, actions, causes of action or demands whatsoever from and against any of them,
including any injury to or death of any person or damage to property or other liability of any nature, arising
out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's
employees, officers, officials, agents or independent contractors. Contractor 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, itagents or employees. 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.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written
consent from City is obtained, only those people whose names are listed this Agreement shall be used in
the performance of this Agreement.
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Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
Page 1 of 3
Short Form Agreement
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000.
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to
its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or City with respect to the
services of Contractor herein, a waiver of any right to subrogation which any such insurer of said
Contractor may acquire against City by virtue of the payment of any loss under such insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause
with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a
seven (7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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 certifies that no one
who has or will have any financial interest under this Agreement is an officer or employee of City. City shall
have no right of control as to the manner Contractor performs the services to be performed. Nevertheless,
City may, at any time, observe the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including,
but not limited to, unemployment insurance benefits, F'CA laws, and the City business license ordinance.
Changes. 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:
Page 2 of 3
Short Form Agreement
NAME: Osandi Robinson _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 • or P R I►.� 4•--
By : � . . .
Title: Experience Designer/Consultant Title: /1 FalrA ..'��.' 5 - /'
Soc. Sec. # or Tax I.D
APPRO,; L� i / E:XPENDITURE DISTRIBUTION
DEP' - / AD /4 / _DATE ACCOUNT NUMBER AMOUNT
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Page 3 of 3
Short Form Agreement