20-126 Starbird Consulting LLC, Master Agreement, Various City Projects (Master Agreement #2021-004)Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 1 of 9
MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH Starbird Consulting, LLC
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation
(“City”), and Starbird Consulting, LLC (“Contractor”) a Limited Liability Company for
Environmental Consulting Services on Various City Projects, and is effective on the last date
signed below (“Effective Date”).
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of
Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must
comply with this Agreement and with each Service Order issued by the City’s Project Manager or
his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit
A. Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and
Social Distancing Requirements, attached here and incorporated as Exhibit A-A.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request
Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will
submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and
Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for
the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope
of Services, Schedule of Performance, Compensation, and any other conditions applicable to the
Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized
to streamline these procedures based on the City’s best interests. Contractor will not be compensated
for Services performed without a duly authorized and executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on September 23, 2023
(“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate
department head or City Manager may extend the Contract Time through a written
amendment to this Agreement, provided such extension does not include additional contract
funds. Extensions requiring additional contract funds are subject to the City’s purchasing
policy.
3.2 Schedule of Performance. Contractor must deliver the Services within the time specified
in each Service Order, and under no circumstances should the Services go beyond the Contract
Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and
in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver
the Services on time. Contractor must respond promptly to each Service Order request.
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 2 of 9
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to exceed
$400,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and
rates included. The maximum compensation includes all expenses and reimbursements and will
remain in place even if Contractor’s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be
based on the rates set forth in the Service Order, which shall not exceed the capped amount
specified in the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly
invoices must state a description of the deliverables completed and the amount due for the
preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a
requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement relieves City of any further payment or other obligations
under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to health
benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 3 of 9
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall
have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.
Should any court, arbitrator, or administrative authority, including but not limited to the California
Public Employees Retirement System (PERS), the Internal Revenue Service or the State
Employment Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Agreement, or to promptly remint to City any payments due by the City as a
result of such determination, so that the City’s total expenses under this Agreement are not greater
than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned
or controlled by the City, which may contain proprietary or confidential details the disclosure of which
to third parties may be damaging to City. Contractor shall hold in confidence all City information and
use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City
information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out
of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the
property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor
may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may
use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this
Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 4 of 9
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available to
City for review and audit. The records and supporting documents must be kept separate from other
records and must be maintained for four (4) years from the date of City’s final payment.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any
attempt to do so will be null and void. Any changes related to the financial control or business nature
of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City
approval. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this
Agreement and for one year thereafter, will reference the City’s contributions in making the project
possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers,
press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by
law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses,
costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute
resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any
manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary information;
(e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or
service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor
will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 5 of 9
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the
Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor
against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C,
and must maintain the insurance for the duration of the Agreement, or longer as required by City. City
will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and
endorsements evidencing the type, amount, class of operations covered, and the effective and expiration
dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and
without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s
compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations
applicable to this Agreement. Contractor will promptly notify City of changes in the law or other
conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for
verifying the employment authorization of employees performing the Services, as required by the
Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the
Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 6 of 9
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to
this Agreement and must avoid any conflict of interest. Contractor warrants that no public official,
employee, or member of a City board or commission who might have been involved in the making of
this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation
of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of
interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as
defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide
by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other
rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Alex Acenas as the City’s representative for all purposes
under this Agreement, with authority to oversee the progress and performance of the Scope of
Services. City reserves the right to substitute another Project manager at any time, and without prior
notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Jodi Starbird as its single
Representative for all purposes under this Agreement, with authority to oversee the progress and
performance of the Services. Contractor’s Project manager is responsible for coordinating and
scheduling the Services in accordance with City instructions, service orders and the Schedule of
Performance. Contractor must regularly update the City’s project manager about the status, progress
and any delays with the work. City’s written approval is required prior to Contractor substituting a
new Representative which shall result in no additional costs to City.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment, and will be given reasonable time
to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in
closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time
expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for
satisfactory Services rendered through the date of termination, but final payment will not be made until
Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 7 of 9
a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending
resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law
and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing
party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the
Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the
Parties. Any modification of this Agreement will be effective only if in writing and signed by each
Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or
abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main
Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the
main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be
inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of
required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no
way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect
to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect. The Parties agree to work in good
faith to amend this Agreement to carry out its intent.
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 8 of 9
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and
Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino CA 95014
Attention: Alex Acenas
Email: alexa@cupertino.org
To Contractor:
Starbird Consulting, LLC
115 S. 14th St.
San Jose CA 95112
Attention: Jodi Starbird
Email: jodi@jodistarbird.com
27. VALIDITY OF CONTRACT
This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is
signed by the City Manager or an authorized designee, and (c) is approved for form by the City
Attorney’s Office.
28. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor
has full right, power, and authority to enter into and carry out all actions contemplated by this
Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally
binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which
is deemed an original and all of which, taken together, constitute a single binding instrument.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Environmental Consulting Services on Various City Projects
Master Professional/Specialized Services Agreement/ Rev. April 2020
Page 9 of 9
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
Starbird Consulting, LLC
By
Name
Title
Date
Tax I.D. No.:
APPROVED AS TO FORM:
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Jodi Starbird
Principal Consultant
Sep 30, 2020
Jodi Starbird
Heather M. Minner
Roger Lee
Director of Public Works
Roger Lee
Oct 2, 2020
Oct 2, 2020
City of Cupertino Exhibits
Environmental Services Master Agreement – Starbird Consulting, LLC Page 1 of 7
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide to the CITY’s Department of Public Works environmental
consulting services for various CITY projects.
CONSULTANTʹS services shall be provided as requested by the Director on an as‐needed
basis, and only upon written request, as set forth in a specific project service order.
CONSULTANT shall provide general assistance on issues pertaining to City projects and shall
prepare other environmental consultant services for Public Works as determined by the
Director.
SECTION 1. GENERAL PROVISIONS
A. CONSULTANT shall perform all services to the satisfaction of the CITY’S Director of Public
Works.
B. All of the services furnished by CONSULTANT under this AGREEMENT shall be of the
currently prevailing professional standards and quality which prevail among
environmental consultant professionals of similar knowledge and skill engaged in
related work throughout California under the same or similar circumstances. All
documentation prepared by CONSULTANT shall provide for a completed project that
conforms to all applicable codes, rules, regulations and guidelines which are in effect at the
time such documentation is prepared.
C. All work performed under this AGREEMENT shall be authorized by a specific Service
Order. Each Service Order given by CITY shall detail the nature of the specific services to be
performed by CONSULTANT, the time limit within which such services must be completed
and the compensation for such services. Such details shall include a description of the
project for which CONSULTANT shall perform the services, the geographic limits of the
project, the type and scope of services to be performed, the format and schedule for
deliverables, the schedule of performance, and the schedule of compensation.
CONSULTANT shall not perform any services unless authorized by a fully executed Service
Order. Any unauthorized services performed by CONSULTANT shall be at no cost to the
CITY.
D. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT.
SUBCONSULTANTS will be identified on each Service Order and provide all required
insurance as specified in this master agreement.
E. CONSULTANT shall begin work under the service order only after receipt of the service
order bearing the approval signature of the Director or the Directorʹs designee and the
signature of the City Attorney approving the service order as to form. Each authorized
Service Order issued under this AGREEMENT by CITY shall be incorporated into the
terms and conditions of this AGREEMENT.
City of Cupertino Exhibits
Environmental Services Master Agreement – Starbird Consulting, LLC Page 2 of 7
F. CITY will assign a Project Manager to facilitate each Service Order authorized under
this AGREEMENT. CONSULTANT shall coordinate with the designated Project Manager on
the performance of each Service Order.
G. CONSULTANT shall be responsible for the coordination with CITY and federal, state and
local agencies that are necessary for all services authorized under this AGREEMENT.
SECTION 2. BASIC SERVICES.
A. CONSULTANT shall provide environmental consulting services for various City projects,
as more particularly described in the authorized service order. The authorized service
order may include any of the specific environmental tasks set forth below in Section 3.
The authorized service order may also include any other environmental services described
and agreed to be performed by the CONSULTANT, including, but not limited to, the
following:
1. Input regarding environmental/land use compatibility issues during the initial evaluation
of potential sites for the various CITY projects; and
2. Preparation of the appropriate project‐level analysis and documents for each
improvement as necessary to comply with the CITYʹs environmental requirements, the
requirements of the California Environmental Quality Act and its implementing
regulations and guidelines, and/or the requirements of the National Environmental
Policy Act and its implementing guidelines.
B. In addition to any specific services (described below in Section 3) that the CONSULTANT
must provide as part of each authorized service order, the CONSULTANT shall perform
any other general environmental services specified in the authorized service order. The
following shall apply to such general services.
1. CONSULTANT shall be responsible for providing thorough environmental
consulting services in compliance with all applicable federal, state, and local
regulations. All environmental work shall be conducted in conformance with applicable
California state law.
2. CONSULTANT shall meet with the Project Manager at the CITY offices to discuss the
project details. CONSULTANT shall be made aware of the project description, location,
schedule of deliverables, and requirements. CONSULTANT and CITY shall agree on
the terms of the Service Order including the specific tasks to be performed, the schedule for
deliverables, and compensation.
3. After approval of Service Order and upon receipt of an authorized Service
Order, CONSULTANT shall visit project site to note existing conditions, collect
data, locate utilities, and familiarize himself with the surrounding area. CONSULTANT
City of Cupertino Exhibits
Environmental Services Master Agreement – Starbird Consulting, LLC Page 3 of 7
shall make note of any issues that may need to be addressed in fulfilling the service
request.
4. CONSULTANT shall cooperate and communicate with CITY staff, project design firms,
utility and regulatory agencies, and others who are involved with the CITY project, on an
as‐ needed basis, to perform a comprehensive service. CONSULTANT shall perform their
work in their offices.
5. CONSULTANT shall perform service in accordance with the specific requirements and
tasks stated in Service Order.
6. CONSULTANT shall make allowance for up to four meetings at CITY offices
during the execution of the Service Order to discuss any issues that may need further
evaluation or clarification. These meetings shall be in addition to the initial meeting at
CITY offices to discuss project Service Order and the required on‐site visit to the project
location.
7. Project Record ‐ CONSULTANT shall develop and maintain a detailed record of
the chronology of the project tasks and milestones completed that are decisive,
conclusive or relevant to the outcome of each Project. CONSULTANT shall submit a
copy of the Project Record to the Project Manager prior to final payment for services
performed on the Project. The Record shall be submitted in both paper and electronic
format.
8. Project Documents ‐ Aside from deliverables specified in the Service Order, and before
the conclusion of the Project and final payment for services performed on the Project,
CONSULTANT shall submit to the Project Manager a copy of all project documents that
are decisive, conclusive or relevant to the outcome of the Project. Such documents may
include, without limitation, electronic files of all drawings and specifications, reports and
studies, calculations, utility applications and permits, records of meetings, and
communication documents. Documents shall be submitted in both paper and electronic
format, as available.
SECTION 3. SPECIFIC ENVIRONMENTAL SERVICES.
A. In addition to any other environmental services contained in the authorized Service Order,
the Service Order may incorporate any of the services set forth below in this Section 3 by
simply identifying the particular Task, in which case the Task is considered to have been
incorporated into the authorized Service Order and CONSULTANT shall perform the Task as
set forth herein.
City of Cupertino Exhibits
Environmental Services Master Agreement – Starbird Consulting, LLC Page 4 of 7
B. Tasks: Listed below are the Tasks which may be included in the Service Order.
1. CEQA Initial Studies/Mitigated Negative Declarations and Addendums
2. CEQA Mitigation Monitoring or Reporting Programs
3. CEQA Notices of Intent
4. CEQA Notices of Completion
5. CEQA Notices of Determination
6. CEQA Categorical Exemptions
7. NEPA Categorical Exclusions
8. Caltrans Local Assistance Consulting and Preparing/Contracting for Technical Memos:
a. Preliminary Environmental Study (PES)
b. Equipment Staging
c. Traffic/Detour Information
d. Air Quality Memo (Review by MTC)
e. Tree Removal/Migratory Bird Treaty Act
f. Water Quality
g. Natural Environment Study (NES)
h. Archaeological Survey Report (ASR)
i. Historic Properties Survey Report (HPSR)
j. Historic Resources Evaluation Report (HRER)
k. Location Hydraulic Study (LHS)
l. Summary of Floodplain Encroachment Report
m. Programmatic Section 4(f) Evaluation
9. Biological Surveys
10. Geotechnical Surveys
11. Biological Monitoring
12. Tree Surveys
13. USACE, California Department of Fish and Wildlife, Santa Clara Valley Water District, and
Regional Water Quality Control Board Permits
END OF EXHIBIT
City of Cupertino Exhibits
Environmental Services Master Agreement – Starbird Consulting, LLC Page 6 of 7
COMPENSATION
CITY shall compensate CONSULTANT according to the hourly rate(s) stated in this Exhibit which
shall remain in effect for the Master Agreement schedule of performance unless changed by written
amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method of
compensation consistent with the scope of services provided by CONSULTANT. In any case,
CONSULTANT’s total payment for each authorized Service Order shall not exceed the maximum
compensation identified in that Service Order, unless authorized by a written amendment executed
by CITY and CONSULTANT, and the total compensation for all authorized Service Orders shall not
exceed the maximum compensation stated in Article 4, Consultant Compensation, of the Master
Agreement.
Work exceeding the total authorized amount for a Service Order or the total compensation for the
Master Agreement shall be at no cost to CITY.
Consultant Hourly Rate(s)
CONSULTANT shall be compensated according to the following hourly rate(s) for all work
performed under authorized Service Orders:
PRINCIPAL $ 225.00
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically
required to perform the scope of services and beyond normal business operating expenses which
are included in the direct labor rate. Such expenses include, but are not limited to:
Individual or multiple document reproductions that exceed 50 pages;
Drawing or bid set reproductions;
Software required by City other than Microsoft Word, Excel, PowerPoint, and Project;
Adobe Acrobat; and a photo editor program.
Travel expenses to the extent allowed by City policy;
Sub‐consultants required by project scope of services;
Safety equipment required by City policy or the project scope of services;
Mass mailing notifications;
Expenses for public meetings, such as refreshments, interpreters, security, valet parking,
facility rental, tents or booths, easels, markers, paper, presentation equipment.
CITY shall compensate CONSULTANT for such reimbursable expenses only with prior written
authorization by CITY representative designated in Article 14, Project Coordination, of the Master
City of Cupertino Exhibits
Environmental Services Master Agreement – Starbird Consulting, LLC Page 7 of 7
Agreement. All compensation, including reimbursable expenses, shall not exceed the maximum
compensation for the Service Order.
CITY shall compensate CONSULTANT for reimbursable expenses for the documented actual cost
only, allowing for no surcharge for Consultant administration. Reimbursable expenses shall be
separately identified on CONSULTANT’s invoice.
Method of Payment
CONSULTANT shall submit an invoice to CITY by the 5th business day of each month that clearly
identifies the work performed in the previous month and authorized reimbursable expenses. All
invoices from CONSULTANT shall be sent via email to CITY representative designated in Article
14, Project Coordination, of the Master Agreement.
The invoice shall identify the applicable period of work, a description of the work performed
consistent with the Service Order scope of services, the number of hours, hourly rate, reimbursable
expenses, Service Order maximum compensation, Service Order compensation to date including
invoice number, total invoice amount for current invoice, Service Order maximum compensation
balance remaining.
All payments to CONSULTANT will be addressed to:
Starbird Consulting, LLC
Attn: Jodi Starbird
115 S. 14th Street
San Jose, CA 95112
E‐mail: jodi@jodistarbird.com
END OF EXHIBIT
Revised: April 30, 2020 – Services Agreements
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals performing work under this Contract, including Contractor's or
any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively,
"workers"), and shall maintain these measures for as long as required by the Health Order or
other Health Laws. As long as required by the operative Health Order or other Health Laws,
these measures shall include, but are not limited to, the following:
1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g.,
conference calls, video-conferencing, etc., to the greatest extent possible. Limit access
to any project site or any work area to workers who are necessary to perform in-person
work. Require non-essential personnel to work from home to the extent possible. Avoid
all non-essential travel.
2. Distancing. Where workers perform in-person work at a project site or a work area,
prohibit workers from being less than six feet apart, unless and only to the extent that
would compromise worker safety or violate safety Laws for specific operations. Prohibit
handshaking or any physical contact among workers, with the sole and limited exception
Revised: April 30, 2020 – Services Agreements
2
of any physical contact required for worker safety or to comply with safety Laws.
Prohibit workers from sharing a vehicle.
E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require
any agents, subcontractors, or subconsultants to comply with its provisions.
1229192.7
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MA Date:Master Agreement Contract #:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: Ph:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Encumbrance this Service Order:
MA End Date:
Consultant:
Manager:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
n
Insurance Requirements for Professional/Specialized Services Agreement
1
Version: Sept. 2019
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance and results
of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, contractual liability, property
damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately
to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits
shall be made available to the Additional Insured and shall be (1) the minimum
coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-
contributory," will not seek contribution from City’s insurance/self-insurance, and shall be
at least as broad as ISO CG 20 01 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella
or excess insurance, provided each policy complies with the requirements set forth in this
Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on a primary basis for the benefit of City before
the City’s own insurance or self-insurance shall be called upon to protect City as a named
insured.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has
no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less
than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees).
4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions,
with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to
be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising
out of the Services performed by or on behalf of Contractor including materials, parts, or equipment
furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
Insurance Requirements for Professional/Specialized Services Agreement
2
Version: Sept. 2019
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used.
Primary Coverage
For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be
excess of Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may
acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related
investigations, claim administration and defense expenses within the retention. The policy shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an
A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Claims Made Policies (applicable only to professional liability)
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
2. Insurance must be maintained for at least five (5) years after completion of the Services.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
Verification of Coverage
Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies
of the policies effecting the coverage required by this Contract), and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the
Services. City retains the right to demand verification of compliance at any time during the Contract.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional insured on insurance required from
subcontractors.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
Included
Berkshire Hathaway Direct Insurance Company 10391
09/08/2020
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunt
10300 Torre Avenue
Cupertino, CA 95014
X
X
X
N9BP124938 07/16/202007/16/2021A 5,000
2,000,000
50,000
4,000,000
4,000,000
Starbird Consulting LLC
115 S 14th St
San Jose, CA 95112-2129
BIBERK
P.O.Box 11324
Stamford, CT 06911
Professional Liability (Errors &
Omissions): Claims-Made
Per Occurrence/
Aggregate
203-654-3613844-472-0967
SalesSupport@biBERK.com
09/08/2020
Berkshire Hathaway Direct Insurance Company
X
X
*
*
* ALS up to 12 months.
0
007/16/2020 07/16/2021
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunt
10300 Torre Avenue
Cupertino, CA 95014
N9BP124938
Bldg #001: Consultants - All Other - 4167702
Location: 115 S 14th StSan Jose, CA 95112-2129
n/a
n/a
n/a
Starbird Consulting LLC
115 S 14th St
San Jose, CA 95112-2129
BIBERK
P.O.Box 11324
Stamford, CT 06911
541611
250
(203) 654-3613
salessupport@biberk.com
(844) 472-0967
32/,&<180%(5 1 %3 %86,1(662:1(56
%3
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//<
%3,623URSHUWLHV,QF3DJHRI
$'',7,21$/,1685('±'(6,*1$7('3(5621
2525*$1,=$7,21
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
%86,1(662:1(56&29(5$*()250
6&+('8/(
1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ V 2U2UJDQL]DWLRQ V
&LW\RI&XSHUWLQR,6$2$$7,0$
,QIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLV6FKHGXOHLIQRWVKRZQDERYHZLOOEHVKRZQLQWKH'HFODUDWLRQV
7KHIROORZLQJLVDGGHGWR3DUDJUDSK&:KR,V$Q
,QVXUHG LQ6HFWLRQ,,±/LDELOLW\
$Q\ SHUVRQ V RU RUJDQL]DWLRQ V VKRZQ LQ WKH
6FKHGXOH LV DOVR DQ DGGLWLRQDO LQVXUHG EXW RQO\
ZLWKUHVSHFWWROLDELOLW\IRUERGLO\LQMXU\SURSHUW\
GDPDJH RU SHUVRQDO DQG DGYHUWLVLQJ LQMXU\
FDXVHGLQZKROHRULQSDUWE\\RXUDFWVRURPLV
VLRQVRUWKHDFWVRURPLVVLRQVRIWKRVHDFWLQJRQ
\RXU EHKDOI LQ WKH SHUIRUPDQFH RI \RXU RQJRLQJ
RSHUDWLRQV RU LQ FRQQHFWLRQ ZLWK \RXU SUHPLVHV
RZQHGE\RUUHQWHGWR\RX
32/,&<180%(5 1 %3 %86,1(662:1(56
%3
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//<
%3 ,623URSHUWLHV,QF3DJHRI
:$,9(52)75$16)(52)5,*+762)5(&29(5<
$*$,16727+(567286
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
%86,1(662:1(56&29(5$*()250
6&+('8/(
1DPH2I3HUVRQ2U2UJDQL]DWLRQ
&LW\RI&XSHUWLQR,6$2$$7,0$
,QIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLV6FKHGXOHLIQRWVKRZQDERYHZLOOEHVKRZQLQWKH'HFODUDWLRQV
3DUDJUDSK. 7UDQVIHU 2I 5LJKWV 2I 5HFRYHU\
$JDLQVW 2WKHUV 7R 8VLQ6HFWLRQ ,,,±&RPPRQ
3ROLF\&RQGLWLRQV LVDPHQGHGE\WKHDGGLWLRQRIWKH
IROORZLQJ
:HZDLYHDQ\ULJKWRIUHFRYHU\ZHPD\KDYHDJDLQVW
WKH SHUVRQ RU RUJDQL]DWLRQ VKRZQ LQ WKH 6FKHGXOH
DERYH EHFDXVH RI SD\PHQWV ZH PDNH IRU LQMXU\ RU
GDPDJH DULVLQJ RXW RI \RXU RQJRLQJ RSHUDWLRQV RU
\RXUZRUNGRQHXQGHUDFRQWUDFWZLWKWKDWSHUVRQRU
RUJDQL]DWLRQDQGLQFOXGHGLQWKHSURGXFWVFRPSOHWHG
RSHUDWLRQV KD]DUG 7KLV ZDLYHU DSSOLHV RQO\ WR WKH
SHUVRQRURUJDQL]DWLRQVKRZQLQWKH6FKHGXOHDERYH
%86,1(662:1(56
%3
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//<
%3,QVXUDQFH6HUYLFHV2IILFH,QF 3DJH RI
35,0$5<$1'121&2175,%8725<±
27+(5,1685$1&(&21',7,21
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ
%86,1(662:1(56&29(5$*()250
7KH IROORZLQJ LV DGGHG WR 3DUDJUDSK +2WKHU
,QVXUDQFHRI6HFWLRQ ,,, ± &RPPRQ 3ROLF\
&RQGLWLRQVDQG VXSHUVHGHV DQ\ SURYLVLRQ WR WKH
FRQWUDU\
3ULPDU\$QG1RQFRQWULEXWRU\,QVXUDQFH
7KLV LQVXUDQFH LV SULPDU\ WR DQG ZLOO QRW VHHN
FRQWULEXWLRQIURPDQ\RWKHULQVXUDQFHDYDLODEOHWR
DQ DGGLWLRQDO LQVXUHG XQGHU \RXU SROLF\ SURYLGHG
WKDW
7KH DGGLWLRQDO LQVXUHG LV D 1DPHG ,QVXUHG
XQGHUVXFKRWKHULQVXUDQFH DQG
<RX KDYH DJUHHG LQ ZULWLQJ LQ D FRQWUDFW RU
DJUHHPHQW WKDW WKLV LQVXUDQFH ZRXOG EH
SULPDU\DQGZRXOGQRWVHHNFRQWULEXWLRQIURP
DQ\RWKHULQVXUDQFHDYDLODEOHWRWKHDGGLWLRQDO
LQVXUHG
Page 1 of 2
Page 2 of 2Policy number: 934 927 398
Policy effective date:October 1, 2020
X21010074200901A3104631000000A310463X21CA00020090106485400262300100301500600Thank you again for choosing Allstate. We are committed to providing you with the quality insurance protection
you need now and in the future.
Sincerely,
Customer Service Department
SJCW
Page 1 of 4
Amended auto policy declarations
Policy number: 934 927 398 Policy effective date:October 1, 2020
CA010AMDX21010074200901A3104631000000A310463X21CA00020090106485400262300200301500600Page 2 of 4
Coverage detail for 2018 BMW X1
Coverage Limits Deductible Premium
Automobile Liability Insurance Not applicable $251.63
Bodily Injury $500,000 each person
$500,000 each occurrence
Property Damage $500,000 each occurrence
Auto Collision Insurance Actual cash value $2,000 $202.54
Waiver of deductible applies
Auto Comprehensive Insurance Actual cash value $1,000 $32.91
Rental Reimbursement Not purchased*
Towing and Labor Costs Not purchased*
Uninsured Motorists Insurance for Bodily
Injury
$500,000 each person
$500,000 each accident
Not applicable $48.87
Automobile Medical Payments $5,000 each person Not applicable $12.89
Coordinated Medical Protection Not purchased*
Sound System Not purchased*
Tape Not purchased*
Total premium for 2018 BMW X1 $548.84
* This coverage can provide you with valuable protection. To help you stay
current with your insurance needs, contact your Allstate agent to discuss
coverage options and other products and services that can help protect
you.
VIN WBXHT3C31J5F92004 Rating information
Your premium is determined based on certain
information, including the following:
This vehicle is driven for pleasure, married person
licensed 43 years.
Allstate uses mileage information as one factor to help determine your premium amount.
Important Note: The annual mileage figure applicable to this vehicle for the expiring policy period was: 9,000 - 9,499. The
annual mileage figure applicable to this vehicle for the current policy period is: 4,000 - 4,499.
The following odometer information was used to determine your annual mileage for current policy period:
Odometer Reading: 7,910 Odometer Reading: 12,296
Date : 12/14/2018 Date : 12/12/2019
If any of the information shown above is incorrect, missing or changes in the future, please contact your Allstate
representative. Please keep in mind that a change in any of the information may result in an adjustment to your premium.
Amended auto policy declarations
Policy number: 934 927 398 Policy effective date:October 1, 2020
CA010AMDX21010074200901A3104631000000A310463X21CA00020090106485400262300300301500600Page 4 of 4
Additional coverages
Automobile Death Indemnity Insurance Not purchased*
Automobile Disability Income Protection Not purchased*
Identity Theft Expenses Not purchased*
* This coverage can provide you with valuable protection. To help you stay
current with your insurance needs, contact your Allstate agent to discuss
coverage options and other products and services that can help protect you.
Your policy documents
Your automobile policy consists of this Policy Declarations and the documents in the following list. Please keep these together.
Allstate Automobile Policy AU104-3 California Amendatory Endorsement AU14629-3
Amendment of Policy Provisions AU14626-1
Important payment and coverage information
Here is some additional, helpful information related to your coverage and paying your bill:
uYour rate is lower because you are insuring multiple cars.
uYour bill will be sent to you in a separate mailing and will list any payment option(s) available to you. If you are eligible to pay
your premium in installments, your first bill will reflect your available payment options, including the option to pay in full or to
pay in monthly installments. Please note that any amounts payable for the first renewal bill will not include an installment fee
(unless you have an unpaid balance from a previous policy period, in which case the Minimum Amount Due will include an
installment fee, or unless you are participating in the Allstate Easy Pay Plan). The following applies to installment payments
made after your first renewal bill.
If you decide to pay your premium in installments, there will be a $3.50 installment fee charge for each payment due. If you
make 6 installment payments during the policy period, and do not change your payment plan method, then the total amount of
installment fees during the policy period will be $21.00.
If you are on the Allstatefi Easy Pay Plan, there will be a $1.00 installment fee charge for each payment due. If you make 6
installment payments during the policy period, and remain on the Allstatefi Easy Pay Plan, then the total amount of installment
fees during the policy period will be $6.00.
If you change payment plan methods or make additional payments, your installment fee charge for each payment due and the
total amount of installment fees during the policy period may change or even increase.
Please note that the Allstatefi Easy Pay Plan allows you to have your insurance payments automatically deducted from your
checking or savings account.
Allstate Northbrook Indemnity Company’s Secretary and President have signed this policy with legal authority at Northbrook,
Illinois.
Phil Telgenhoff
President
Susan L. Lees
Secretary
Berkshire Hathaway Direct Insurance Company 10391
09/08/2020
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunt
10300 Torre Avenue
Cupertino, CA 95014
Starbird Consulting LLC
115 S 14th St
San Jose, CA 95112
BIBERK
P.O.Box 11324
Stamford, CT 06911
A Professional Liability (Errors &
Omissions): Claims-Made N9PL125672 Per Occurrence/
Aggregate07/17/202107/17/2020 $2,000,000/
$2,000,000
203-654-3613844-472-0967
SalesSupport@biBERK.com
Revised 1.01.19
Contractor/Consultant Affidavit of No Employees
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:
I am an independent contractor and the owner of .
I wish to enter into a services contract with the City of Cupertino. I am 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
my business during the term of any service contract with the City of Cupertino. I 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 ____________, 2020, at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
Jodi Starbird
September30 San Jose
Starbird Consulting LLC
Jodi Starbird
Environmental Consulting Services on Various
City Projects
Final Audit Report 2020-10-02
Created:2020-09-29
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAJHtmziZnwKoDmm-NiT3onLdYe-eYPjGD
"Environmental Consulting Services on Various City Projects" Hi
story
Document created by City of Cupertino (webmaster@cupertino.org)
2020-09-29 - 10:45:22 PM GMT- IP address: 35.229.54.2
Document emailed to Julia Kinst (juliak@cupertino.org) for approval
2020-09-29 - 10:52:49 PM GMT
Email viewed by Julia Kinst (juliak@cupertino.org)
2020-09-29 - 10:59:01 PM GMT- IP address: 104.47.73.126
Document approved by Julia Kinst (juliak@cupertino.org)
Approval Date: 2020-09-29 - 11:00:17 PM GMT - Time Source: server- IP address: 64.178.242.15
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2020-09-29 - 11:00:20 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2020-09-30 - 3:05:36 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Jodi Starbird (jodi@jodistarbird.com) for signature
2020-09-30 - 3:05:40 PM GMT
Email viewed by Jodi Starbird (jodi@jodistarbird.com)
2020-09-30 - 8:23:51 PM GMT- IP address: 66.249.80.222
Document e-signed by Jodi Starbird (jodi@jodistarbird.com)
Signature Date: 2020-09-30 - 8:25:37 PM GMT - Time Source: server- IP address: 108.237.180.88
Document emailed to Heather M. Minner (minner@smwlaw.com) for signature
2020-09-30 - 8:25:39 PM GMT
Email viewed by Heather M. Minner (minner@smwlaw.com)
2020-10-01 - 10:08:36 PM GMT- IP address: 45.41.142.230
Document e-signed by Heather M. Minner (minner@smwlaw.com)
Signature Date: 2020-10-01 - 10:09:11 PM GMT - Time Source: server- IP address: 52.39.49.65
Document emailed to Roger Lee (rogerl@cupertino.org) for signature
2020-10-01 - 10:09:14 PM GMT
Email viewed by Roger Lee (rogerl@cupertino.org)
2020-10-02 - 4:31:13 PM GMT- IP address: 104.47.46.254
Document e-signed by Roger Lee (rogerl@cupertino.org)
Signature Date: 2020-10-02 - 4:31:43 PM GMT - Time Source: server- IP address: 24.4.161.237
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2020-10-02 - 4:31:45 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2020-10-02 - 6:02:23 PM GMT- IP address: 69.110.137.176
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2020-10-02 - 6:02:41 PM GMT - Time Source: server- IP address: 69.110.137.176
Agreement completed.
2020-10-02 - 6:02:41 PM GMT