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14-126 Genevieve Fire for professional services OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE: (408)X777-3223•FAX: (408)777-3366 WEBSITE:www.cup(:rtino.org CUPERTINO July 21, 2014 Genevieve Fire Re: Agreement for contract services. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenray Cupertino, CA 95 CUPERTINO 408-777-3:200 �j f NO. THIS AGREEMENT, made and entered into this _1st d f� �'i'4 is by and between the CITY OF CUPERTINO Hereinafter "CITY") and Genevieve Fire (address/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: Professional Services connected with NPDES Permit compliance technical assistance. Check box if services are further described in an Exhibit. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A Scope of Services and Rates. TERM: The services and/or materials furnished under this Agreement shall commence on July 1, 2014 and shall be completed no later than June 30, 2015. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $4,800 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 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. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1 of 3 FY 2014-15 Genevieve Fire Short Form Agreement p Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the fallowing 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 Injury: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate if submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Consultant agrees not to use her personal automobile in performance of the services under this Agreement. 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 Page 2 of 3 FY 2014-15 Genevieve Fire Short Form Agreement 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, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind acre 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 ex{acution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: B y y mn�&n4 - Title nw v�r, Gev�.y,�Cv�- Ti'Y,e, ,tr Title: v; r, SOC.Sec.#or Tax I.D 5 2-12S APPROVALS EXPENDITURE DISTRIBUTION DEP D DATE y 230-8004-7014 $4,800.00 GITY OFZN A OVER TO FORM AT CITY C RK: ATTEST DATE Page 3 of 3 FY 2014-15 Genevieve Fire Short Form Agreement Exhibit A Scope of Services and Rates City of Cupertino' Urban Runoff Management Program FY 2014-;2015 Municipal Regional NPDES Permit Compliance Technical Assistance Summary of Tasks and Estimated Effort by Genevieve Fire, P.E. Permit Due Est. Time Provision Task Description Date (Hours) C.2 Municipal Operations C.2a-e Review Urban Runoff Management Plan & Update with MRP tasks Aug-14 2 C.2. Corporation Yard BMP review & annual SWPPP revision Aug-14. 5 C.2 Service Center Annual Corp Yard Inspection C.2.f Conduct Annual Service Yard inspection & coordinate w/weekly reports Sep-14 8 C.6 Construction Site Control C.6.b Enforcement Response Plan (ERP) review, as needed On-going 2 C.2 Annual Reports Assist with writing Municipal Operations Ann Rpt Jul-15 10 MISC. IGeneral technical assistance implementing MRP provisions On-going 5 Total Estimated Hours 32 Total Estimated Cost (@ $150/hour) $4,800 G. S. Fire 6/30/14 J GENEV-3 OP ID: MW CERTIFICATE OF LIABILITY INSURANCE DATE 0(MM/DD/YYYY) 07/09/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE: A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endlorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 650-328-1000 NAME: Insurance by Allied Brokers-1 650-324-1142 PHONE FAX Lic#0525309 A/c No Ext: A/C No 630 Cowper Street E.-MAIL ADDRESS: Palo Alto,CA 94301 — ABCO-PA House Account _ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Hartford 29424 INSURED Genevieve Fire-Halvorsen INSURERS: Attn:Genevieve Fire-Halvorsen 1195 Thurston Avenue INSURER C: Los Altos,CA 94024 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 01=ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BF-EN REDUCED BY PAID CLAIMS.- INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY X X 57SBMBD7652 11/16/13 11/16/14 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 CLAIMS-MADE 7X MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 A ANY AUTO X X 57SBMBD7652 11/16/13 11/16/14 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N I TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? [--] N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,,Additional Remarks Schedule,if more space is required) Certificate holder, The City of Cupertino, is additional insured with a waiver of subrogation. CERTIFICATE HOLDER CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Cheri Donnelly 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino,CA 95014 ©198d8�-•2,-010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:57SBMBD7652 COMMERCIAL GENERAL LIABILITY I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) i THIS ENDORSEMENT MODIFIES INSURANCE;PROVIDED UNDER THE FOLLOWING: i COMMERCIAL GENERAL LIABILITY COVERAGE PART. i SCHEDULE i NAME OF PERSON OR ORGANIZATION: The City of Cupertino i i i (IF NO ENTRY APPEARS ABOVE,INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.) I Genevieve Fire-Halvorsen IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF "YOUR WORK" FOR THAT INSURED BY OR FOR YOU. i i I i CG20 10 1185