11-132 Agreement, Project Sentinel, Tenant/landlord counseling and mediation services to Cupertino residents CITY OF
/
CITY OF CUPERTINO
10300 Torre Avenue
/ ' \ V q Cupertino, CA 95014 Die-03757
CUPERTINO J / 408-777-3200 NOI/��-'� / ��
BY THIS AGREE ENT, made and entered into this 22nd day of November, 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and PROJECT SENTINEL; Address: 298 S. Sunnyvale Ave.
Ste. 209, Sunnyvale, CA 94086 Phone: (408) 720-9888; e-mail: mediate4ushousinq.org (Hereinafter referred as
CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as follows:
CONSULTANT shall provide or furnish the following specified services and/or materials: Tenant/landlord counseling
and mediation services to Cupertino residents for fiscal year 2011-12.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope of Services
TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2011,
and shall be completed before June 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: $30,000.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless.A. Claims for Professional Liability.Where the law establishes a standard of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care,or is alleged to have breached or failed to meet such standard of care,Consultant shall,to the
fullest extent allowed by law,with respect to all services performed in connection with the Agreement, indemnify, defend,and hold harmless the City and its officers,
officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or demands whatsoever against any of them,including
any injury to or death of any person or damage to property or other liability of any nature,that arise out of,pertain to,or relate to the negligence,recklessness,or willful
misconduct of Consultant or Consultant's employees,officers,officials,agents or independent contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice,expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City,its agents or employees.
B.Claims for Other Liability.Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement indemnify,
defend,and hold harmless the City and its officers,officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or
demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature,that arise out of,pertain to,
or relate to the performance of this Agreement by Consultant or Consultant's employees,officers,officials,agents or independent contractors.Such costs and expenses
shall include reasonable attorneys'fees of counsel of City's choice,expert fees and al other costs and fees of litigation.
Insurance. Should the City require evidence of insurability,Consultant shall file with City a Certificate of Insurance before commencing any services under this
Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of person:.under this Agreement because of the race,color,national origin,ancestry,religion
or sex of such person.
Interest of Consultant. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists
between City and undersigned. At all times, Consultant shall be deemed to be ar independent consultant and Consultant is not authorized to bind the City to any
contracts or other obligations in executing this agreement. Consultant certifies that nc one who has or will have any financial interest under this Agreement is an officer or
employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations any kind are authorized without the
written consent of the City.
CO-ORDINATOR and representative for CITY shall be: a� r
NAME: Vera Gil, Senior Planner DEPARTMENT: Community Development Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONSULTANT: CITY O CUPERTIN :
By IL ���c� _ _ By
Printed Name: Ann Marquart Printed Name: Vera Gil
Title Executive Director Title: Senior Planner
Soc. Sec. #or Tax I.D 77-0266612
APPROVALS EXPENDITURE DISTRIBUTION
DEP T AD DATE _ ACCOUNT NUMBER AMOUNT
�%/ 265-7405-7105 $30,000
Cl) LER TE Cii/1110/fii
Non-Design Professional Agreement