11-102 DEBORAH ELLIS, CONSULTING ARBORIST & HORTICULTURIST, STEVENS CREEK CORRIDOR PARK AND RESTORATION PHASE 2 PROJECT: ABORIST SERVICES AGREEMENT
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CITY OF CUPERTINO
� 10300 Torre Avenue
%a ' / �� 0 Cupertino, CA 95014 C)
CUP tti 140 �V / 408-77F7 [/
7-3200 NO. V!/ 574-7
�f'l7
BY THIS AGREEMENT, made and entered into this 6 day of ,2.011, by and between the CITY OF •
CUPERTINO(Hereinafter referred to as CITY) and Deborah Ellis, Consulting Arborist 8 Horticulturist; Address:
(Hereinafter
referred as CONSULTANT), in consideration of their mutual covenants,the parties hereto agree as follows:
CONSULTANT shall provide or furnish the following specified services and/or materials:
Stevens Creek Corridor Park and Restoration Phase 2 Project: Arborist Services
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N/A
TERMS: The services and/or materials furnished under this Agreement shall commence on September 22,2011
and shall be completed before December 31, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:Not to Exceed
$4,000.00 to be paid on a Time and Material Basis without written approval from the City of Cupertino
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 Consultants 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 Consultants 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,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 performance of this Agreement by 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.
Insurance. Should the City require evidence of insurability,Consultant shall file with City 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 consent of the City. 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:
Gail Seeds, Park Restoration and Improvement Manager, 408-777-1334 ENTERED
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 CUP RTINO:
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By � Ilk�.
By ' c. t 6 I S ;
•
Name: ,�— , i', ��;1._ - .1 ' Gail Seeds
Title p rr j 19(424J
APPROVALS EXPENDITURE DISTRIBUTION
NT HEAD DATE ACCOUNT NUMBER AMOUNT
r— // 427-9134-9300
$4,000.00
CITYC LJs oficiDATE /0/// /1, (1/42/4` ,
Nen-Design Professional Agreement
RECEIVED
PUBLIC WORKS DEPARTMENT
OCT p 4 2011 '
wren V11-9 •for Taxpayer Give form to the
Ineer..lrvars2oo7 Identification Number and Certification requester. Do.not
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Deborah L. Ellis
a Surrcsa nen,it dinerem inn above
Deborah Ellis. MS. Consulting Arborist & Horticulturist. LLC
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notified me that I am no lanae:abject to baclu.p withholding, MCI
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Satirisation instructions.You must cross slat item 2 above it you have boar notified br the IRS that you are etrrenttywltocl to backup
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Purpose of Form
A parson who is reequirccl to file an information return with the • Any estate(other than a foreign estate) or trust. See
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(TIM to report. for example, Income paid to you, real estate Formulation.
transactions, mvItJn;3e interest you paid, acquisition or Foreign person.If you are a foreign person.do not use
abandonment of secured property,cancellation of debt, of Form W.9.Instead, use the appropriate Form W4 (see
ccnsibuiiorra you made to an IRA. Publication 515.Vi&hholding of Tax on Nonresident Aliens
U.S. parson.Use Form Wr3 only it you are a U.S.person and Foreign Entities),
'including a resident alien),to provide your correct TIN to the Nonresident alien who becomes a resident anon.
person requesting k(therequeste) end, when applicable, to: Generally, only a nonresident alien Individual may use the
t. Certify Chet the TIN you are•giving is correct{cr you are terms of a tax treaty to reduce or eliminate U.S.tax on
wailing for a number to ho issued). certain types of income, However, most kix 1riatioscontan a .
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n the..saving clause may permit,an exemption from tax to
or continuo for certain types of income even after the recipient
3.Claim exemption from backup withholding It you are a has otherwise become a U.S. resident alien for tax prpases,
U.S. exempt pease_ fl you are a U.S.resident alien who le relyig On an
Note.If a requester glias you a form attar than Form W-9 fe exception ccnralned In the saving clause of a tax treaty to
request your it4,;tai nest use the requester's farm it k is claim an exemption from U.S. tarok cartsin types of income,
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For fodetat tax purposes you era considered a parson it you folw n
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• An Individual who Is a citizen or resident of the United treaty under which you cloimad exemption from tax as a
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