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17-072 Rachael Schafer Designs, Produce Illustrations for KitGame, an Earthquake Prepardeness Game for Mobile App, Ready 95014 CITY OF SHORT FORM AGREEMENT (Less than$5,000) CITY OF CUPERTINO is 10300 Torre Avenue C U P E RT I N O Cupertino,CA 95014 408-777-3200 NO.2017-00000 This Agreement,made and entered into this 18th day of April,2017,(the"Effective Date")is by and between the City of Cupertino(hereinafter"City")and Rachael Schafer Designs (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:produce illustrations for KitGame,an earthquake preparedness game for the mobile app, Ready 95014. Check box if services are further described in Exhibit A. M B. TERM: The services and/or materials furnished under this Agreement shall commence on May 24,2017 and shall be completed no later than May 23,2018. C. COMPENSATION: For the full performance of this Agreement,CITY shall pay Contractor a total amount not to exceed Four thousand,nine hundred and ninety nine dollars($4,999.00),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 hereby are made part of this Agreement: MExhibit"A"- Scope of Services El Exhibit`B"-Compensation ❑Exhibit"C"-Special Requirements: Click here to enter text. 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 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. 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. Page 1 of 4 City of Cupertino—Short Form Agreement—updated 2/2015 (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 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. 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 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. Page 2 of 4 City of Cupertino—Short Form Agreement—updated 2/2015 I 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 City the right to examine and audit same,and to make transcripts therefrom as necessary,and to allow inspection 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: Nidhi Mathur, Innovation& Technology Applications Division. In witness thereof,the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By: By: / Title: Title: anu Tax I.D% APPROVALS EXPENDITURE DISTRIBUTION DEPARTWNTE� DATE ACCOUNT NUMBER AMOUNT 615-32-308 700-702 $4,999.00 CITY ATTORNEY APPROVED AS TO FORM DATE CIT CLERK: AT T DATE Page 3 of 4 City of Cupertino—Short Form Agreement—updated 2/2015 a y �f >£. <0 Overview City of Cupertino would like to hire Rachael Schafer Designs to produce illustrations for KitGame,an earthquake preparedness game. I will the images to the develper to place the graphics within the code written by the developer. *I have worked with engineers extensively and understand what is required in a general sense and will communicate with the developer to get my graphics within the color necessary range/bit depth/optimization,etc. Some of the desired illustrations are: Using kitgame.png as a content guide,the following assets will need to be designed/illustrated: Overall look,feel and color palette for the game Bathroom:7 items -a backpack Bedroom: 24 items Family Room u items Kitchen: 18 items Store: 13 items A character that appeals to a wide age range from pre-teen to adult,and is non gender specific and not racially specific either. A bit whimsical and muted in tone might be a good approach. Schedule Estimated 8o hours for work,which comes to a total of 4,999 Start date:August 271h work commences and within 9 days[estimated]initial concepts are delivered. Sept 9 th First round of sketches,concepts due. Sept 11-20 the Feedback due **Rachael out of the country Sept 28-Oct 6--so we'll need to assess the dates/revise for after Oct 6th** Date TBD:First round of revised images/refinement due [timing is feedback dependant,so flexible] Date TBD:Further refinement-feedback cycle if necessary. Date TBD:Final assets delivered. Up to three rounds of refinement can be done if necessary. Total $4,999.00 [based on my lower end hourly rate] 1.Please mail all checks to: Rachael Schafer ACC>o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYI Y) �� 07/17/2017 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 CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA PHONE (ggg)202-3007 FVC No 520 Madison Avenue ADMDARESS: contact@hiscox.com 32nd Floor INSURERS AFFORDING COVERAGE NAIC# New York,NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: Rachael Schafer INSURER C: CA 94131 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 ADDLSUBRPOLICTYPE OF INSURANCE IVSD WVD POLICY NUMBER Y EFF POLICY EXP LTR MM/DD/YYYY MM DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 IX OCCUR DAMAGE TO CLAIMS-MADE PREMISES(E. occurrence) $ 100,000 MED EXP(Any one person) S 5,000 A Y UDC-2020023-CGL-17 07/17/2017 07/17/2018 PERSONAL&ADV INJURY S 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY❑JE� LOC PRODUCTS-COMP/OP AGG 5 S/TGen.Agg. OTHER: S AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT S Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB HCLAIMS-MADE AGGREGATE S DED I I RETENTIONS S WORKERS COMPENSATION SEROTH- AND EMPLOYERS'LIABILITY Y/N TATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Cupertino is additional insured subject to the policy terms and conditions.Services provided: Graphic illustrations of an earthquake game. CERTIFICATE HOLDER CANCELLATION City of Cupertino 10300 Torre Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cupertino,CA 95014-3202 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &'9 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Amo CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/DD/YYYY) L-� 07/17/2017 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 CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA PHONN (888)202-3007 ac No 520 Madison Avenue ADDRESS: contact@hiscox.com 32nd Floor INSURER(S)AFFORDING COVERAGE NAIC# New York,NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B Rachael Schafer INSURER C: CA 94131 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 ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY I LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S TO CLAIMS-MADE �OCCUR DAMAGES(RENTED PREMISES Ea occurtence) S MED EXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT r LOC PRODUCTS-COMP/OP AGG S OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANY AUTO _ BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY Per accident S AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED I I RETENTIONS S WORKERS COMPENSATION PEROTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S Professional Liability Each Claim: $ 1,000,000 A Y UDC-2020023-EO-17 07/17/2017 07/17/2018 Aggregate: $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Cupertino is additional insured subject to the policy terms and conditions.Services provided: Graphic illustrations of an earthquake game. CERTIFICATE HOLDER CANCELLATION City of Cupertino 10300 Torre Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cupertino,CA 95014-3202 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CSAA Insurance Exchange Automobile PolicyDeclarations P.O.Box 22221 Oakland,CA 94623-2221 Please keep with your policy. See Important Notice on reverse. Insurance For questions or changes call:(800)922-8228 Page 1 of 1 1.Name and address of Insured O Type Declarations raoons Amended Declarations Da ess08-07-2017 TIM SCHAFER ~ 1• Q Policy Insured MARY SCHAFER Number Since 2012 z Named Insured,but not prior to the time applied } Your 08-07-2017 for or,1 this is a replacement declarations,not V Policy prior to the time coverage change was requested. J Period To 0 12:01 AM.Standard Time at the address of the IL 1 12-04-2017 Named Insured. Alternate Address Occupation Alternate Number Telephone Number Professional ( Item Make Model Yr Body Type Vehicle Identification No. Name to 1 w "ecessariy TIM > correspond LU cc to principally > p operated vehicles. Coverage ...................Liability Limits................................Recut.......------..............ttem2 ......... ............................................................................................ Each Perron Each occurrence Deductible i Premium Deductible i Premium Deductible i Premium Deductible i Premium Bodily Injury 300,000 500,000 $182 i $165 ................................................................................................................ ? Medical Payments No Coverage No Covdrage No Coverage Uninsured Motorists 300,000 500,000 $37 $51 Property Damage 50,000 $132 E $192 omprehensive Actual Cash Value Less Deductible 500 $55 500 $89 Full Comprehensive Safety Glass Endorsement ($0 deductible) NOCOV; NO COV ............................................................•-------.............................._-••---.......... i Collision Actual Cash Value Less Deductible 500 E $151 500 $362 ............................•----------------------------.........................------........................... i Enhanced Transportation Expense $25 per day/$750 aggregate $28 $28 All Risks Actual Cash Value Less Deductible No Coverage No Coverage Vehicle Loan/Lease Protection Endorsement No Coverage No Coverage New Car Added Protection Endorsement No Coverage No Coverage Original Equipment Manufacturer Parts(OEM)Endorsement No Coverage No Coverage Ride-sharing Coverage Endorsement No Coverage No Coverage TOTAL PREMIUM PER VEHICLE ➢ $585 $887 *Automobile Death Benefits $15,000 per deceased insured person ``$6' Premium Summary This is not a bill. CA Surcharge:$0 Total Additional Premium: $41.00 Total Premium shown is for the Member Advantage TM Program, EXCLUSIONS There is no coverage provided by this Policy while the following individual(s)operate a motor vehicle: None Schedule of Changes w Maintain Coverage(s) to z Q x U 55 1500 12 15 08-07-2017 00001 0100 (Continued on back) Contractor/Consultant Affidavit of No Employees State of Calybrnia County oaf Santa Clara City of Cupertino 1,the under-signed,declare as follows, I am an independent contractor and the Ownpr of I wish to enter into a services contract with the City of Cupertino. lami fully aware of the provisions of section 3700 of the California Labor Code,which requires every employer to provide Workers'Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers'compensation insurance to the City of Cupertino for any and all employees I may have,pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or any business during the term of any service contract with the City of Cupertino.1 am not required to have Workers'Compensation.insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this day of 4[ Executed 12017,at1� California. PRINT AME SIGNAT RE