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15-090 Gopher Busters for Ground-Pest Eradication CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO 408-777-3200 NO. THIS AGREEMENT, made and entered into this 7th day of July, 2015 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Gopher Busters, 5691 Begonia Dr., San Jose, CA 95124 408-888-3373, iohnC�gopherbusters.com 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: See attached proposal, mark "Exhibit A". 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 July 13th, 2015 and shall be completed no later than August 12th, 2015. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 1995.00. 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. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Page 1 of 3 Short Form Agreement 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 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 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. Page 2 of 3 Short Form Agreement 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: Brian Gathers, 408-777-3270 DEPARTMENT: Public Works/Grounds Division 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 OF UPERTINO: .: ----� ^ 0 - V B!XQUy NSI' ,. � � � Title: B . M APPROVALS EXPENDITURE DISTRIBUTION DATE rfm:!— ACCOUNT NUMBER AMOUNT +� t 100-84-812-700-702 $1995.00 RN PP OVED ORM DATE CITY CLERK: ATTE DATE Page 3 of 3 Short Form Agreement 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 WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NACOMNTACT John Bills Regia Insurance Markets PHOS (530)582-6000 FAX N91:(530)582-6007 40169 Truckee Airport Rd im6-certificates@aegisins.com .certificates@aegisins.com Suite 203 INSURERS AFFORDING COVERAGE MAIC if Truckee CA 96161 INSURERAN813tern Heritage Insurance Co INSURED INSURER B: Gopher Busters INSURERC: 5691 Begonia Drive INSURER D. INSURER E. San Jose CA 95124 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1491821532 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 OF 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 BEEN REDUCED BY PAID CLAIMS. IEXP LTR TYPE OF INSURANCE AD R POLICY NUMBER POLICY EFF POLICY YY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO IWNTEIF-- X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 A CLAIMS-MADE ®OCCUR CP0921683 0/12/2014 0/12/2015 MED EV(Any one person) $ 1,000 PERSONAL BADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ INCLUDED X POLICY PJFCT RO LOC $ ACOMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY(Per perm) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPaEE TY DAMAGE $ HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 14EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATIONVVC STATU- IOTH- AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) DPR Pest Control Business Number: 129315 The coverage provided by this insurance company and issued to the aforementioned Named Insured fulfills the requirements pursuant to Title 3 of the California Code of Regulations, Code section 6524, including chemical bodily injury and chemical property damage coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN California Department of Pesticide Regula ACCORDANCE WITH THE POLICY PROVISIONS. Licensing and Certificate Program 1001 I Street AUTHORIZED REPRESENTATIVE PO BOX 4015 Sacramento, CA 95812-4015 John .Bills/ALLPRO �( Exhibit W Gopher Busters Ground-Pest Eradication Proposal DATE: 7/6/2015 .1 7777 - `,CLIENT SERVICE DATES:` Brian Gathers To Begin Upon 10555 Mary Avenue Approval Cupertino, CA 95014 Site: Garden Gate Elementary School _SCOPE OF.WORK e PRICE Ground-Pest Eradication-Gopher Busters to make up to 20 hours of pest eradication treatments over 30 days. S1 ,995.00 Predicted treatments: Trapping- Initial service will be three to four rounds of trapping. Gasing- Two to three follow-up CO gas treatments to address pests missed in the trapping phase. Thank you for considering Gopher Busters. Sincerely, John Pina Gopher Busters 5691 Begonia Dr. San .dose, California 95124 408-856-3373 john@thegopherbusLers.com