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16-052 Richard Gertman, dba For Sustainability Too, Professional Services to reduce City's Franchise Agreement for Collection of Garbage, Recycling and Compostables!Vo. JJJ/(; ,-~ l )._ FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RICHARD GERTMAN, FOR SUSTAINABILITY TOO FOR EXTENSION OF DATE This First Amendment to the Agreement between the City of Cupertino and Richard Gertman, For Sustainability Too, for reference dated August 12, 2016, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Richard Gertman, For Sustainability Too (California corporation, partnership, sole prop1ietor, individual) ("Consultant") whose address is , and is made with reference to the following : RECITALS: A. On July 1, 2015, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Professional services to assist the City of Cupertino with consulting services in evaluating the cost and efficiency of the City's Franchise Agreement for Collection of Garbage, Recycling and Compostables .. B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph One of the Agreement is modified to read as follows: 1. TERM: The term of this Agreement shall commence on July 1, 2015 and shall terminate on June 30, 2017 , unless terminated earlier as set forth herein. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall 4Je in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. -"'---7"!-~"""'-"=--_;_~'-~--=2-~1-~u, ~~~ RECO~fIE~DEp FO~PROVAL: By: 0LUU_., D {}'\, Title fn v; c PD • ~ r 6 ~ • r\j' APPROVED AS TO FORM: ~fa0 ~r City Attorney Ay EST:cJ '/iJ.-. b~jgi/4.1. 'IC! . Ci ty Clerk: g-,,,, /'7~4 EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT PO 2016-532 Account number: $495 0.00 520-81-801 700-702 Total: $4950 .00 CITY OF a SHORT FORM AGREEMENT · · (Less than $5,000) CITY OF CUPERTINO 10300 Torre Avent1e C\lpertino , CA 95014 cureRTINO 408-777~320() NO. 2016-532 This Agreement, made and entered into this 21st day of April, 2016, (the "Effective Date") is by and between the City of Cupertino (hereinafter "City") and Richard Gertman, dba For ·sustainability Too, (hereinafter "Contractor"), in consideration of their mutual covenants, the parties agree as follows; · A . SCOPE OF SERVICES. Contractor shall provide or furnish ~he following specified services and/or materials; Professional services to nsslst the City of Cupertino with the evaluation of new technologies 1·elated to 01·ganics processing and other diversion ,pi:ograms and oppo11unities to reduce the cost and maximize the effidency of the City's Franchise Agi~eement for Collection of Garbage, Recycling and Compostables •. Check box if services are further described in Exhibit A. ~ . . . B, TERM: The services and/or materials furnished under this Agreementshall commence on April 21, 2016 and shall be completed no later than June JO , 2016. C. COMPENSATION: For the full performance of this Agreement, CITY shall pay Contractor a total amount not to exceed FOUR THOUSAND NINE HUNDRED FIFTY dollars ($4,950.00), as set forth in Exhibit a. California Labor Code, Section 1771 requin;s the payment of prevailing wages .to all workers employed on a Public Works contract in excess of $1,000.00. Contractor shall comply With ailappiicable j)rovisions of law, includ ing, without limitation , Labor Co de Sections l771, 1776 , 1777.5. mid 1810. D •. EXHIBITS: The follo~in,g attached exhibits hereby are made part of this Agreement: ~Exhibit "A"-Scope of Services GExhibit "B"-Compensation DExhibit "C"-Special Requirements: GENERAL TERMS AND CONDITIONS 1. Hold Harmless. Contractor shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement r elated to insurance, 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, whether physical; emotional, consequential or otherwise, arising out, pertaining to , or related to the perforinance of this Agreement by Contractor or Contractor's employees, officers,.official.s, agents odndependent contractors. Such costs .and expenses shall include reasonable attorneys' fees of counsel of City)s choice, expe1i fees and all other costs and fees of Litigation. The acceptance of the Services :by City shall not op erate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services .or termination of this Contract. 2. 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. · 3 . .Assignment. Contractor may not assign, transfer, or subcontract this Agreement or aily portions thereof; without prior written consent of City. · Page 1 of 3 Ric hard Ge r.n an dba For Susta.iun bi lity Too, •1 ·2 1·16 C.0 4. Insurance. Contractor shall M~intain the follo\Ving insurance coverage, with the City as an additional named insured, and provide a Certificate of Insurance and Ad.dition.al Insured Endorsement consistent with the following requirements: · · · · (a) Workers' Compensation: Statutory coverage as required by the State of California. (b) Liability: Commercial general liabilitY<;overage in the following minimum limits: Bodily Injury: $500;000 each occurrence; $ l,000,000 aggregate -atr other Property Da1riage: $ i 00,000 each occurrence; $250,000 aggregate ffsµbmitted, combined single limit policy with aggregate limits in the anJ.oun .t.s of$l,000,000 will be considered equivalent to the requir.ed minimum limits shown above. . . : . . ... (c) 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: $~00,000 each occu'rrence . ( d) Professionai Liability: Contractors ii, regulated professions shall maintain professional liability iilitirarice which Includes coverage for the professional acts, e1rors and omissions of.Contractor in the amount of at least $1,00o,ooo. · · · 5. Subrogation Waiver. Contractor agrees that in the event of loss due to at1y 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 Ci(J ; 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 payme~t of any loss under such insurance. 6. Terminatfon 6f Agreement. In the event Cont.ractor fails or refuses to perform arty dfthe provisions hereof at the time and li1 the man11er required hereunder, Contractor shall be deemed in default 'in the pertormance of this Agreement. If Co11tractor fails to cure the default within the time specified imd ·according to the 'requirements set forth in City's written notice of default , and in addition to any other remedy available to the City . by law, the. City Manager may te1minate the Agreement by giving Cbntractor written notice thereof, which shalt be effective · immediately. The City Manager shall also have the option, at its sole discretfon and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein. Upon receipt of any notice of termination, Contractor shall immediately discontinue performance. 7. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee, City employee, or a citizen on the basis of race, color, national origin, ancestry, religion, gender, sexual orientation or other protected class of such person. 8. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in .the sense that the relationship of maste~ 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 pe1formed ,Nevertheless, City may, at any time, observe the manner in which such services at·e being performed by the contractor. 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. 9. Permits. and Licenses. Contractor, at his/her own expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates including but not limited to a City business . license, that may be required in connection with the performance of services under this Agreement. to. Reports and Records. Each and every report, draft, work product, map, record and other document, ·hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Contl'actor pursuai1t to or in connection with this Agreement, shall be the exclusive property of City. Conti·actor shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports Pa'ge 2 ofJ Ri char d Ge rman dbo.Fo r Su sto:.in ebili1y Too 1 4-21 -16 created pursuant to this Agreement. Any Report, informatio~ and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Contractor may retain a copy of any report furnished to the City pursuant to this Agreement. Contractor shall maintain complete and accurate .-records with ·.respect to sales, costs , expenses, receipts and other such information required ·by City ihat relate to the performaJlce of services under this Agreement, in sufficient detail to permit an evaluation of services . All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible . Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to aJlow inspection .of all work, data, documents, proceedings and ac~ivities related to this Agreement. Such records, together with ~upporting documents, shall be kept separate from other documents and records and shall be .maintained for a period of three (3) years after Contractor receives final payment from City for all services required under this agreement. 11. 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: Cheri Donnelly, Public Works ?epartment In witness thereof, the patties have executed this Agreementthe day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By:?-M~ Title: CJ W/.)C:B: Taxl.D:. EXPENDITURE D.ISTRIBUTION ACCOUNT NUM;BER 520-81-801 700-702 PO #2016-532 Page 3 of 3 .R.it::hard Gem1an db a For Sllsfai nabil i()' Too , 4·2 t-l 6 "'A ... \ AMOUNT $4,950.00 Exhibit A City of Cupertino Scope of Work ·Franchise Agreement Assistance FY 2015~2016 Richard Gertman, doing business as "For Sustainability Too'\ will assist the City of Cupertino with evaluation of the efficiency of service under an existing Franchise Agreement for Collection of Garbage, Recyclables and Organics; consideration of the rates charged for services; recommendations for cost savings and/or methods for selection of contractor for future services. Tasks to be performed include: Task 1. Meetings Richard will participate in meetings with City Staff to discuss future materials management options and effectiveness of cufrent diversion programs. Richard will meet with City and 'City's current contractor (Recology) to discuss the effectiveness of current diversion programs, City's future needs, the terms and conditions of a possible new contract upon expiration of current contract. · Task 2. Review Documents Richard will review cori·espondence between the City and Recology; the details of the current materials collection and processingm~thods; and other documents that relate to effectiveness of current recycling and organics ·programs arid their cost efficiency to assess the City's future · needs. Task 3. Research Richard will assist with research as requested by the City; to evaluate effectiveness of the cmrent organics diversion program and possible enhancements or alternatives for expansion of recovery programs to achieve the City's landfill diversion goals. Task 4. Report and Recommendations Richard will prepare a Draft Report with specific recommendations regarding expanding the City's commercial recycling and/or organics recovery programs to achieve the City's diversion goal. Following review of the Draft Report by the City, Richard will finalize recommendations for options to increase the City's organics and recyclables diversion. Project Budget Hours Labor Task 1. Meetings Meetings with City Staff 3 $540.00 Meetings with City and Recology · 3 $540.00 Task 2. Review Documents Review Documents 3 $540.00 Task 3. Research Organics processing alternatives 6 $1,080.00 Recyclables processing aiternatives 4 $720.00 Other Research Requested 2.5 $450.00 Task 4. Report Preparation Draft Report 4 $720.00 Final Repo1t 2 $360.00 Totals 27.50 $4,950.00 RICHA01 OPID: PV ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYYI .____... 03/30/2016 nus CER11FICATE IS ISSUED AS A MATIER OF INFORMATION ONL y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is ·an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED; subject to the terms and conditions· of the policy, certain pollcles may require an endorsomont A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementls). . . PRODUCER ~2~~~cT Mimi Watson Insurance ~ Allled Brokers-1 rr!J8NJ!a . l::vt\• 650·328•1000 I r.o~ Nol: 650-324-1142 Llc#05253 9 630 Cowper Street ~t'o?l~ss: certs@alliedbrokers.com · Palo Altop CA 94301 Danlelle etrell INSURER(SI AFFORDING COVERAGE NAIC# INSURER A: Travelers Indemnity Companv 002520 INSURED Richard Gertman INSURER B: INSURERC: INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CEFffJFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD JNDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM.ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$, EXCLUSIONS AND CONDITIONS QF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lYPE OF INSURANCE ADDL ~~: POLICY NUMBER l~~li\%~1 r~fil6%11,~1 LIMITS LTR '"~" GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C t--UAMAt.;t TO RENTED · A COMMERCIAL GENERAL LIABILITY 680·9027916A-15-42 01/08/2016 01/0.8/2017 PREMISES IEa occurrencel · $ 300,000 t--~ CLAIMS-MADE 0 OCCUR 5,000 MED EXP (Any one person) $ t--x Business Owners PERSONAL &. ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 t-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 lx1 POLICY n ~f}R.;. n LOC $ AUTOMOBILE LIABILITY . lf:~'!~~~~t~INGLE LIMIT t--~ 1,000,000 A ANY AUTO 680-9027916A-15-42 01/08/2016 01/08/2017 BODILY INJURY (Per peraon) $ t--ALL OWNED ~SCHEDULED BODILY INJURY (Per accident) $ t--AUTOS AUTOS x NON-OWNED rp~W'~6;b~~¥1AGE $ HIRED AUTOS AUTOS t--t-- $ UMBRELLA LIAB 1--i OCCUR EACH OCCURRENCE $ t-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION 1 T~2~mT1¥s 1 /OJ~ AND EMP~OYERS' LIABILITY y IN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NHI E.L. DISEASE -EA EMPLOYEE $ g~;t~rpfi~N 'Q~gPERATIONS below E.L. DISEASE • POLICY LIMIT $ PROPERTY 5,150 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, AddWonal Romorks Schedule, If more space Is required) AS RESPECTS TO GENERAL LIABILITY, THE CITY OF CUPERTINO, ITS CITY COUNCIL, BOARDS, & COMMlSSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE ADDITION.AL INSURED -BLANKET ADDL INSD-OWNERS/LESSEES/CONTR, CG Dl 05, BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED AS RESPECTS TO GENERAL LIABILITY, SUBROGATION AGAINST THE CITY OF CUPERTINO HAS BEEN WAIVED PER CG 24 04 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL aE DELIVERED IN THE CITY OF CUPERTINO ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: CITY MANAGER . 10300 TORRE AVE AUTHORIZED REPRESENTATIVE CUPERTINO, CA 95014 ~-~.:. 0.wJ..s-I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD HOLDER CODE INSURED'S NAME Richard Gertman NOTEPAD: RICHA01 OP ID:PV 11'1AIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, ~S RESPECTS TO GENERAL LIABILITY, COVERAGE IS AFFORDED ON A PRIMARY AND ~ON-CONTRIBUTORY BASIS AS PER CG DO 37 -OTHER INSURANCE -ADDITIONAL INSUREDS. PAGE 2 Date 03/30/2016 CITY OF m SHORT FORM AGREEMENT CUPERTINO (Less than $5,000) CITY OF CUPERTINO 10300 Torre Avenue Cupertino , CA 95014 408-777-3200 NO . 2016-532 This Agreement, made and entered into this 21st day of April, 2016, (the "Effective Date") is by and between the City of Cupertino (hereinafter "City") and Richard Gertman, dba For Sustainability Too, (hereinafter "Contractor"), in consideration of their mutual covenants, the parties agree as follows: A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or materials : Professional services to assist the City of Cupertino with the evaluation of new technologies related to organics processing and other diversion programs and opportunities to reduce the cost and maximize the efficiency of the City's Franchise Agreement for Collection of Garbage, Recycling and Compostables .. Check box if services are further described in Exhibit A. l2!:l B . TERM : The services and/or materials furnished under this Agreement shall commence on April 21 , 2016 and shall be completed no later than June 30, 2016 . C. COMPENSATION: For the full performance of this Agreement, CITY shall pay Contractor a total amount not to ex ceed F OUR THOUSAND NINE HUNDRED FIFTY dollars ($4,950.00), as set forth in Exhibit a. 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 . Contractor shall comply with all applicable provisions of law, including, without limitation, Labor Code Sections 1771 , 1776, 1777.5 and 1810. D. EXHIBITS: The following attached exhibits hereb y are made part of this Agreement: ~Exhibit "A"-Scope of Services D .Exhibit "B"-Compensation DExhibit "C"-Special Requirements : GENERAL TERMS AND CONDITIONS 1. Hold Harmless. Contractor shall , to the fullest extent allowed by law and without limitation of the provisions of this Agreeinent related to insurance, 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 , whether physical , emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Contractor or Contractor'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. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 2. 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. 3. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without prior written consent of City. Page 1 of 3 Ri chard Ge nnan d ba Fo r S ustaina bil ity Too, 4-2 1-16 4. Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named insured , and provide a Certificate of Insurance and Additional Insured Endorsement consistent with the ·following requirements: {a) Workers' Compensation: Statutory coverage .as required by the State of California. (b) 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. (c) 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 ( d) Professional Liability: Contractors in regulated professions shall maintain professional liability insurance which includes coverage for the professional acts , errors and omissions of Contractor in the amount of at least $1 ,000 ,000. 5. 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 . 6. Termination of Agreement. In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set forth in City 's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Contractor written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein. Upon receipt of any notice of termination , Contractor shall immediately discontinue performance. 7. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee , City employee , or a citizen on the basis of race, color, national origin, ancestry, religion , gender, sexual orientation or other protected class of such person. 8. 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. Contractor shall comply with all applicable Feder.al, State , and local laws and ordinances including , but not limited to, unemployment insurance benefits, FICA laws , and the City business license ordinance. 9. Permits and Licenses. Contractor, at his /her own expense, shall obtain and maintain during the term of this Ag reement, all appropriate permits , licenses , and certificates including but not limited to a City business license , that may be required in connection with the performance of services under this Agreement. 10. Reports and Records. Each and every report, draft, work product, map , record and other document, hereinafter collectively referred to as "Report", reproduced , prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement, shall be the exclusive property of City. Contractor shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports Pa ge 2 of3 Richard German d ba Fo r Sustainabi lity Too, 4-2 1-16 created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Contractor may retain a copy of any report furnished to the City pursuant to this Agreement. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times , and gives C ity the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow in spection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Contractor receives final payment from City for all services required under this agreement. 11. 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 : Cheri Donnelly, Public Works Department In witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By Ji;JzJJ!~ Title: 0 w jJ £A!. Tax l.D:. APPROVALS EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT 520-81-801 700-702 $4,950.00 PO #2 016-532 Page 3 of3 Richard German dba For Sustainability Too , 4-2 1-1 6 Exhibit A City of Cupertino Scope of Work Franchise Agreement Assistance FY 2015-2016 Richard Gertman , doing business as "For Sustainability Too", will assist the City of Cupertino with evaluation of the efficiency of service under an existing Franchise Agreement for Collection of Garbage, Recyclables and Organics; consideration of the rates charged for services; recommendations for cost savings and/or methods for selection of contractor for future services. Tasks to be performed include: Task 1. Meetings Richard will participate in meetings with City Staff to discuss future materials management options and effectiveness of current diversion programs. Richard will meet with City and City's current contractor (Recology) to discuss the effectiveness of current diversion programs, City's future needs, the terms and conditions of a possible new contract upon expiration of current contract. Task 2. Review Documents Richard will review correspondence between the City and Recology ; the details of the current materials collection and processing methods; and other documents that relate to effectiveness of current recycling and organics programs and their cost efficiency to assess the City 's future needs. • Task 3. Research Richard will assist with research as requested by the City; to evaluate effectiveness of the current organics diversion program and possible enhancements or alternatives for expansion of recovery programs to achieve the City's landfill diversion goals. Task 4. Report and Recommendations Richard will prepare a Draft Report with specific recommendations regarding expanding the City's commercial recycling and/or organics recovery programs to achieve the City's diversion goal. Following review of the Draft Report by the City, Richard will finalize recommendations for options to increase the City 's organics and recyclables diversion . Project Budget Hours Labor Task 1. Meetings Meetings with City Staff 3 $540.00 Meetings with City and Recology 3 $540.00 Task 2. Review Documents Review Documents 3 $540.00 Task 3. Research Organics processing alternatives 6 $1 ,080.00 Recyclables processing alternatives 4 $720.00 Other Research Requested 2.5 $450.00 Task 4. Report Preparation Draft Report 4 $720.00 Final Report 2 $360.00 Totals 27.50 $4,950.00 RICHA01 OP ID: PV ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 03/30/2016 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 endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~cT Mimi Watson Insurance by Allied Brokers-1 jl)gN:o Extl: 650-328· 1000 I r.e~ Nol: 650-324-1142 Lie # 0525309 630 Cowper Street ~-mf'~~ss: certs@alliedbrokers.com Palo Alto, CA 94301 INSURER(S) AFFORDING COVERAGE Danielle Petrell NAIC# INSURER A: Travelers Indemnity Company 002520 INSURED Richard Gertman INSURER B: INSURER C: 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 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. INSR TYPE OF INSURANCE Auui. SUBR ,:~J5%~1 1~376%~1 LIMITS LTR ,, .. ., .. wvn POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -DAMAGE TO RENTED 300,000 A COMMERCIAL GENERAL LIABILITY 680-9D27916A-15-42 01/08/2016 01/08/2017 PREMISES IEa occurrencel $ -D CLAIMS-MADE [!] OCCUR 5,000 MED EXP (Any one person) $ x Business Owners PERSONAL & ADV INJUR Y $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER : PRODUCTS -COMP/OP AGG $ 2,000,000 Xl POLICY n ~fr?,:. n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 IEa accident\ $ - A ANY AUTO 680-9D27916A-15-42 01/08/2016 01/08/2017 BODILY INJ URY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS x NON-OWNED PROPERTY DAMAGE s HIRED AUTOS AUTOS (PER ACCIDENT! -s UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREG ATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I WCSTATU. I IOTH- AND EMPLOYERS" LIABILITY TnRY LIMIT <': FR Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ gm~~rm8~ '(;'~'6PERAT I ONS below E.l. DISE ASE -POLICY LIMIT s PROPERTY 5,150 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) AS RESPECTS TO GENERAL LIABILITY, THE CITY OF CUPERTINO, ITS CITY COUNCIL, BOARDS, & COMMISSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED -BLANKET ADDL INSD-OWNERS/LESSEES/CONTR, CG Dl 05, BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED AS RESPECTS TO GENERAL LIABILITY, SUBROGATION AGAINST THE CITY OF CUPERTINO HAS BEEN WAIVED PER CG 24 04 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE .ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF CUPERTINO ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: CITY MANAGER AUTHORIZED REPRESENTA TlVE 10300 TORRE AVE 'YVf_.A-:.. 0-.J.s CUPERTINO, CA 95014 I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD HOLDER CODE 1NSURED's NAME Richard Gertman NOTEPAD: RICHA01 OP ID: PV iWAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US. lAS RESPECTS TO GENERAL LIABILITY, COVERAGE IS AFFORDED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AS PER CG DO 37 -OTHER INSURANCE -ADDITIONAL INSUREDS. PAGE 2 Date 03/30/2016