13-167 MIG, Inc., Consultant Service to Provide Tree Ordinance Update Workshop Facilitation Services OFFICE OF THE CITY CLERK
CITY.HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
October 30, 2013
MIG, Inc.
800 Hearst Avenue
Berkeley, CA 94710
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional ;information, please contact the
Community Development Department at (403) 777-.3308.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
cc: Planning
Enclosure
CITY OF
AGREEMENT
° CITY OF C:UPERTINO
10300 Torre Avenue
Cupertino, CA 95014
C U P E RT I N O /' % I ,� 408-777-3200 NO. J O ��
Y
THIS AGREEMENT, made and entered into this 22-1 day of October, 2013 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and MIG Inc. 800 Hearst Avenue Berkeley, California, 94710,
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: Tree Ordinance
Update Workshop Facilitation Services.
Check box if services are further described in an Exhibit. 17-1
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A.
TERM: The services and/or materials furnished under this Agreement commenced on October 22nd, 2013
and shall be completed no later than June 30, 2014.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A total
not to exceed Three Thousand Nine Hundred Seventy Five ($3,975).
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, its agents or employees. Such costs and expenses shall include reasonable
attorneys' fees of counsel of City's choice,expert feet; 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.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY.
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Agreement—MIG, Inc,Tree Ordinance Update Workshop Facilitation Services
I .
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily hljury: $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: $500,00.0 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,
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Agreement—MIG, Inc, Tree Ordinance Update Workshop Facilitation Services
Q-ontractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the
v 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, FICA 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:
NAME: vino r\ DEPARTMENT: e, per.. L.. j CW
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.
CONT . CT CITY OF CUPERTINO:
By B _
Title Titlee: City Planner
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE 110-7302-9329 $3975.00
CITY ATTORNEY: APPROVED AS TO FORM
r
DATE ON
13
�� J�D'��
CITY CLERK: ATTEST ,I
DATE .'
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Agreement—MIG, Inc, Tree Ordinance Update Workshop Facilitation Services
Q® Exhibit A
October 22, 2013
Aarti Shrivastava
Community Development Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Reference: Tree Ordinance Update Workshop Facilitation Services
Dear Aarti:
Thank you for the opportunity to submit this proposal to assist the City of
Cupertino with workshop facilitation related to the pending Tree Ordinance
Update. The following Letter Agreement includes a scope of work and proposed
budget for this project. We are happy to discuss any assumptions and details of
this agreement, and make adjustments based on a better understanding of your
desired level of effort for MIG. If you find the details of this Letter Agreement
acceptable, signature of this letter will confirm the City's intent to retain MIG for
the Tree Ordinance Update Workshop Facilitation services.
MIG appreciates the opportunity to
Authorized by:
continue our work with you and the
City! Please feel free to contact me
with any questions at 510.845.7549. (Print Name and Title)
Sincerely, 077 �f
&-*A� 6. Signature
Chris Beynon, AICP Date
Principal
City of Cupertino 1
Tree Ordinance Update Workshop Facilitation Services October 22,2013
' MIM
City of Cupertino
Tree Ordinance Update Workshop
Facilitation
Work: Plan
October 22, 2013
Scope of Work
Task TO-1 : Presentation Coordination
MIG will assist the City in preparing for the community workshop by reviewing
and providing strategy input on a draft PowerPoint presentation. It is assumed
that City staff will be responsible for preparing the content of the presentation
and all formatting. MIG will review the draft presentation and attend a
conference call with City staff to discuss any suggested changes. The
conference call will also provide an opportunity for MIG and City staff to discuss
overall workshop goals, desired outcorrles, strategy and logistics.
Task TO-1 Budget _ Hours Rate Amount
Chris Beynon, Principal 1 $210 $210
Dan Amsden, Project Manager 3 $135 $405
Total $615
Task TO-2: Workshop Facilitation and Graphic Recording
MIG will facilitate one community workshop to solicit public input on major ideas
and policy changes being contemplated as part of the Tree Ordinance Update
process. The agenda for this workshop will include: an,update on the project,
summary of materials produced to date, and a facilitated discussion on draft
elements of the Tree Ordinance. MIG will provide one facilitator and one graphic
recorder for this workshop. City staff will be responsible for securing the workshop
location, printing and mailing announcements, preparing and printing all
workshop materials (other than the wallgraphic recording), and providing
refreshments. It is also assumed that at least one member of City staff will be
available during the workshop to answer any technical questions that may be
raised by the public related to the draft Tree Ordinance.
Task TO-2 Budget _ Hours Rate Amount
City of Cupertino 2
Tree Ordinance Update Workshop Facilitation Services October 22,2013
Chris Beynon, Principal 6 $210 $1,260
Dan Amsden, Project Manager 6 $135 $810
Total $2,070
Task TO-3: Workshop Summary
MIG will prepare a brief summary of the workshop that will include a photo
reduction of the wallgraphic recording and a summary memo of the major input
and ideas received during the workshop. It is anticipated that the summary will
be approximately four pages in length and developed in Word.
Task TO-3 Budget Hours Rate Amount
Chris Beynon, Principal 1 $210 $210
Dan Amsden, Project Manager 2 $135 $270
Jeff Liljegren, Project Associate 5 $110 $550
Total $1,030
Total Budget
TaskTO-1 ...................................................................................................................... $615
TaskTO-2........._................._................................_................................................_..... $2,070
TaskTO-2................................................................................................................... $1,030
DirectExpenses........................................................................................................... $260
Total.......................................................................................................................$3,975
City of Cupertino 3
Tree Ordinance Update Workshop Facilitation Services October 22,2013